CASE: Derivative Adjustment of Status (I-485) / Same-Sex Marriage
CLIENT: Filipino
LOCATION: Oregon
Our client came to the United States in November 2013 with a valid B-2 visitor’s visa from the Philippines. Later, in March 2014, he married his same-sex spouse in Washington where the same-sex couple’s marriage is legally recognized. His spouse is an H-1B visa holder.
As a family dependent of an H-1B visa holder, our client can change his status from B1 / B2 to H-4. Our firm was retained and on April 14, 2014, we filed our client’s I-539 with all supporting documents to the USCIS. There were no requests for evidence. On July 2, 2014, the Change of Status was approved.
In January 2015, our client contacted our office again for his I-485 adjustment of status application. His spouse had an approved EB-2 I-140 petition and filed his adjustment of status application. Thus, as a derivative beneficiary, our client would like to get legal assistance from us for his adjustment of status application.
Upon retention, our firm prepared and filed the I-485 Adjustment of Status Application on January 14, 2015. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time.
However, on May 5, 2015, the USCIS Nebraska Service Center issued a Request for Evidence for our client’s I-485 application and requested bona fide marriage documents from our client. On May 21, 2015, our office filed the Response to RFE with multiple documents showing the bona fide nature of his marriage to his spouse.
Eventually, on August 10, 2015, the USCIS approved our client’s adjustment of status application. Now, he is a green card holder.