A Valid Marriage
The first requirement is that the marriage to a United States citizen through which you are applying is a valid marriage. Under the Immigration and Nationality Act, a valid marriage is one that was not entered into for the sole purpose of circumventing immigration laws. Generally, the couple will appear for a marriage interview at a USCIS office. At this interview, you must be ready to answer questions and provide documentary evidence that the marriage is not fraudulent.
The Beneficiary was inspected and admitted.
The beneficiary of the petition must have been inspected and admitted or paroled into the United States. A person has been inspected and admitted if the beneficiary presented himself or herself before an immigration officer at the time he or she entered. A person that enters the United States with permission based on humanitarian issues or because of a public interest for a designated period, it is likely this person has been paroled into the United States. Most persons who have been admitted and inspected or paroled into the United States are given a Form I-94, Arrivial/Departure Record which shows their status. If the beneficiary did not enter with inspection, the beneficiary may be permitted to adjust status if the requirements of 245(i) of the INA. This legal guide does not discuss 245(i) eligibility.
Beneficiary must not have entered under certain visa categories
The beneficiary cannot adjust if he or she entered under the following categories: 1. As a crew member (C-1 Visa); 2. As an alien in transit without a visa; 3. As a J-1 exchange visa holder, unless the beneficiary is not subject to the J-1 two-year foreign residence requirement or the beneficiary has obtained a waiver to the two-year foreign residence requirement; 4. As an alien admitted under an S visa.