The applicant in this case, a citizen of Mexico, had been working in the U.S. under TN visa status as a Management Consultant. The applicant had married a U.S. citizen and contacted our office to assist with the filing of a green card application based on this marriage. Following our review of his case, we believed the applicant was eligible to pursue his green card by filing an adjustment of status (AOS) application.

Potential Issue

One issue in this case was that the applicant’s spouse was not working. As result, she could not provide the financial support to meet the Affidavit of Support requirements for this green card application. In instances where a green card sponsor does not have sufficient income to meet the Affidavit of Support requirements, the sponsor’s spouse may provide proof of his/her own income to meet the income requirements provided the spouse is authorized to work in the U.S.

In this case, the applicant was authorized to work in the U.S. under his TN visa status. We could, therefore, provide proof of this employment to meet the Affidavit of Support requirements. Documentation we provided in the application included a copy of the applicant’s I-94 card, his recent paystubs, his most recent federal tax return, and a letter from his employer confirming his income.

Filing of Adjustment Of Status

Our office filed the I-485 Application for Adjustment of Status (AOS) and other forms on March 14, 2012. To avoid abandonment of his AOS application, we advised the applicant to not depart the U.S. at this time. Normally, the Employment Authorization Document (EAD) and Advance Parole (travel) card is issued within 30-60 days of filing the AOS application. The applicant was scheduled for his biometrics appointment on April 11, 2012. He received his Employment Authorization Document (EAD) and Advance Parole (travel) card on May 8, 2012.

Interview

The applicant was scheduled for his AOS interview on June 14, 2012. The adjudicating officer approved his application the same day of this interview. The applicant received his actual green card at the end of the month. The applicant’s adjustment of status application, like all of these types of cases, was initially processed by the National Benefits Center, and then completed at the applicant’s local USCIS office in San Antonio, Texas.