Marriage-Based Adjustment of Status: 5 Important Tips for Applicants in 2024

Navigating the marriage-based adjustment of status process can be complex, and it's essential to stay informed about the latest updates and best practices. As of 2024, there are a few recent changes and trends to be aware of and also some consistent truths that are timeless in this process. Here are five critical tips to keep in mind when applying for Adjustment of Status in 2024:

Tip #1 — Fee Increases as of April 1, 2024

Starting April 1, 2024, USCIS has implemented fee increases for most of their forms, especially, several key forms involved in the adjustment of status process. Here is a breakdown of the new fees:

I-130 (Petition for Alien Relative) $675 (previously $535)

I-485 (Application to Register Permanent Residence or Adjust Status): $1,440 (previously $1,225)

I-765 (Application for Employment Authorization): $260 (previously free)

I-131 (Application for Travel Document): $630 (previously free)

Another notable change is that biometrics fees are now incorporated directly into the application fees. This means you no longer need to pay a separate fee for biometrics services, simplifying the payment process slightly.

Tip #2 — Delayed or Non-Processing of I-131

As mentioned above, the Form I-131 which is filed for the purposes of obtaining travel permission while you await for your adjustment case to be decided, used to be free as a part of the adjustment process. However, there is now a fee of $630! The problem is that in many instances, this petition is either being approved around the same time as the adjustment case, which makes it irrelevant or it’s not being approved at all and the adjustment case ultimately gets approved. This feels like a frustrating cash grab on the part of the federal government.

Accordingly, it may not be best advised to spend the $630 considering that these petitions are either being approved extremely late or not at all.

Tip #3 — Notable Increase in RFEs for I-693 Medical Exams and I-864 Financials

Despite providing a valid I-693 medical report and/or I-864 Affidavit of Support Financials, USCIS has been issuing an increasing number of Requests for Evidence (RFEs) to applicants for these exact documents. Unfortunately, there doesn’t appear to be any known pattern or reason for why this is happening. Regrettably, this causes unnecessary delay to cases and it’s very difficult to ascertain what could truly be done to avoid these RFEs altogether. In the event that one of these RFEs is received, the unfortunate solution is to resubmit these documents to USCIS.

What seems to be the most likely reason for these RFEs is that USCIS has lost or misplaced the I-693 or financials for the I-864 and won’t admit to their own mistakes.

Tip #4 — Importance of Providing Sufficient Marital Bona Fides

A crucial part of your application is proving the legitimacy of your marriage. USCIS requires substantial evidence that your marriage is genuine and not solely for immigration benefits. While there haven’t been any recent changes or trends here, providing sufficient bona fides remains as a crucial component of this process. These can include evidence of the following:

- Joint bank account statements

- Lease or mortgage agreements with both names

- Photos of your relationship over time

- Affidavits from friends and family attesting to your relationship

- Any other documentation showing shared assets, liabilities and responsibilities as well as anything that signifies that you are sharing your lives together

We’ve covered this in more depth in a previous post, but the ultimate goal here is to establish that your marriage is legitimate, authentic and not fraudulent. Thoroughly compiling and presenting these bona fides can significantly strengthen your case and reduce the risk of delays or denials.

Tip #5 — Knowing When to Engage with an Immigration Attorney

Lastly, given the complexity of the marriage-based adjustment of status process, it can be highly beneficial to engage with an experienced immigration attorney. An immigration attorney can:

- Ensure that all forms are correctly filled out and submitted with the appropriate fees,

- Help you gather and present the necessary evidence effectively,

- Assist in responding to RFEs promptly and accurately,

- Navigate the specific requirements and nuances of U.S. immigration laws and regulations, and

-Advise and prepare you for a successful interview before a USCIS officer.

Ultimately, mistakes in your application can lead to delays, additional costs, denials or worse, accusations of fraud.

In conclusion, the marriage-based adjustment of status process requires careful planning and attention to detail. Hopefully, these tips have prepared you for what to expect when applying for adjustment of status in 2024. If you are interested in filing for adjustment, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.