How Do I Change My Fiance(e)'s
Status to Lawful Permanent Resident?
An immigrant is a foreign national who has been granted the privilege of living
and working permanently in the United
States. You must go through a multi-step
process to become an immigrant. One of the paths to permanent residence is
through a Fiance(e) petition. After you have been
admitted to the United
States as a Fiance(e)
and have married your petitioner within the 90-day time limit, you are now
eligible to adjust your status to permanent resident status. You may also wish
to read How Do I Remove the Conditions on Permanent Residence Based on Marriage?
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration in the United States.
For the part of the law concerning permanent resident status, please see INA §
245. Fiance(e)s are also subject to the 2-year conditional
residence requirement of INA § 216. The specific eligibility requirements and
procedures for adjusting to permanent residence status are included in the Code
of Federal Regulations [CFR] at 8 CFR § 245.
Who is Eligible?
To find out who may apply for permanent residence in the United States,
please see eligibility information.
(Please note, as a fiance(e), your permanent residence status will be
conditional because it is based on a marriage that is less than 2 years old on
the day that you are given permanent residence. For more information, please
see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)
How Do I Apply?
To find out how you can apply for your fiancé(e) to
become a lawful permanent resident of the United States, please see
Application Procedures, which will help you identify what you need to do. After
you submit your application materials, you will be asked to go to a USCIS
office to answer questions about your application.
Will My Fiance(e)
Be Eligible for a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply
for a work permit while their cases are pending. You should use Form I-765 to
apply for a work permit. You do not need to apply for a work permit once you
adjust to permanent resident status. As a lawful permanent resident, you should
receive a permanent resident card that will prove that you have a right to live
and work in the United
States permanently. Please see How Do I Get
a Work Permit? for more information.
Can My Fiance(e)
Travel Outside the United
If you are applying for adjustment to permanent resident status, you must
receive advance permission to return to the United
States if you are traveling outside the United States.
This advance permission is called Advance Parole. If you do not apply for
Advance Parole before you leave the country, you will abandon your application
with Immigration and you may not be permitted to return to the United States.
For more information, please see How Do I Get a Travel Document?
How Can I Check My
Please contact the USCIS office that received your application. You should be
prepared to provide Immigration staff with specific information about your
application. Please see our case status page for complete instructions on
checking the status of your application. Please see our field offices page for
for more information on our .
How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be
appealed are those based on a marriage which took place while the alien's
deportation was in process.
Generally, you may appeal
within 33 days after the immigration judge decides to remove you from the
country. After your appeal form and a required fee are processed, the appeal
will be referred to the Board of Immigration Appeals in Washington, D.C.
For more information, please see, How Do I Appeal A Denial of My Application or