Adjustment of Status Based on Marriage to a U.S. Citizen

Marriage to a U.S. citizen provides one of the most direct paths to obtaining a green card (lawful permanent residency) through the Adjustment of Status (AOS) process. This process allows eligible individuals already in the United States to adjust their status without leaving the country, avoiding the need for consular processing abroad.

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Eligibility for Adjustment of Status Through Marriage

To adjust your status based on marriage, you must meet these criteria:

1. Married to a U.S. Citizen:

   • Your spouse must be a U.S. citizen (green card holders cannot file for adjustment of status under this category).

2. Lawful Entry into the U.S.:

   • You must have entered the U.S. legally, even if your current immigration status has expired.

   • Exceptions may apply under certain provisions like 245(i) or humanitarian protections.

3. Bona Fide Marriage:

   • Your marriage must be genuine and not entered into for immigration benefits.

4. Not Subject to Bars or Inadmissibility:

   • You must not have engaged in fraud, serious immigration violations, or criminal activities that render you inadmissible. Waivers may be available for some grounds of inadmissibility.

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Step-by-Step Process for Adjustment of Status

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Step 1: File Form I-130 (Petition for Alien Relative)

The U.S. citizen spouse files Form I-130 with USCIS to establish the relationship.

• Required Documents:

  1. Completed Form I-130.

  2. Marriage certificate.

  3. Proof of U.S. citizenship (passport, naturalization certificate, or birth certificate).

  4. Photos of the couple together (at events, trips, etc.).

  5. Statements from both spouses affirming the intent to marry for love and not immigration benefits.

  6. Evidence of joint finances (bank accounts, leases, utility bills, or insurance policies).

• Filing Fee: 

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Step 2: File Form I-485 (Adjustment of Status Application)

The foreign spouse files Form I-485, which allows them to apply for a green card.

• Documents Required:

  1. Completed Form I-485.

  2. Passport-size photos.

  3. Proof of lawful entry (e.g., I-94 Arrival/Departure Record or visa stamp).

  4. Copy of Form I-130 Receipt Notice (if not filed concurrently).

  5. Birth certificate (with certified translation, if not in English).

  6. Marriage certificate.

  7. Proof of bona fide marriage (e.g., joint financial documents, photos, letters from friends/family).

  8. Medical examination results (Form I-693, completed by a USCIS-approved physician).

  9. Affidavit of Support (Form I-864) from the U.S. citizen spouse, proving financial capability.

• Filing Fee:

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Step 3: Biometrics Appointment

After submitting the application, the foreign spouse will receive a notice for a biometrics appointment.

• What to Bring:

  • Biometrics appointment notice.

  • Government-issued photo ID (passport, driver’s license).

• Purpose: USCIS will collect fingerprints, photographs, and signatures for background checks.

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Step 4: Work and Travel Authorization (Optional)

While the I-485 is pending, the foreign spouse can apply for:

1. Employment Authorization Document (Form I-765):

   • Enables the foreign spouse to work legally in the U.S.

   • Processing Time: 3–6 months.

2. Advance Parole (Form I-131):

   • Allows the foreign spouse to travel outside the U.S. and return without abandoning the adjustment of status application.

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Step 5: Marriage-Based Green Card Interview

USCIS will schedule an interview to verify the authenticity of the marriage and ensure eligibility.

• Both Spouses Must Attend:

  • The interview is typically held at a local USCIS field office.

  • Common interview questions include:

    • How and when you met.

    • Details about your wedding and daily life.

    • Plans for the future.

  • The officer may review documents, photos, and affidavits submitted with the application.

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Step 6: Green Card Issuance

• Approval: If the application is approved, the foreign spouse will receive a green card.

  • Conditional Green Card: If the marriage is less than 2 years old at the time of approval, the green card will be valid for 2 years. The couple must file Form I-751 to remove conditions within the 90 days before the card’s expiration.

  • Permanent Green Card: If the marriage is over 2 years old at the time of approval, a 10-year green card is issued.

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Timeline for Adjustment of Status

1. Filing of I-130 and I-485: Day 0.

2. Biometrics Appointment: 4–8 weeks after filing.

3. Work Authorization/Advance Parole: 3–6 months after filing.

4. Interview Notice: 6–12 months after filing.

5. Green Card Issuance: Typically within 8–14 months of filing.

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Key Challenges and Solutions

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1. Insufficient Evidence of Bona Fide Marriage

• Challenge: USCIS may suspect fraud if there’s limited evidence of a genuine relationship.

• Solution:

  • Provide substantial proof of cohabitation, joint finances, shared responsibilities, and social recognition of the marriage.

  • Submit affidavits from family and friends attesting to the authenticity of the relationship.

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2. Overstayed Visa or Unlawful Presence

• Challenge: Overstays or unlawful presence can complicate eligibility.

• Solution:

  • Adjustment of Status based on marriage to a U.S. citizen typically forgives visa overstays, but consult an attorney for complex cases.

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3. Criminal History or Other Grounds of Inadmissibility

• Challenge: Past criminal convictions or other inadmissibility issues may result in denials.

• Solution:

  • File waivers where applicable (e.g., Form I-601) and provide strong evidence of rehabilitation or hardship to the U.S. citizen spouse.

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Advantages of Adjustment of Status

1. No Travel Abroad Required:

   • The process allows the foreign spouse to remain in the U.S. while adjusting status.

2. Work Authorization:

   • The foreign spouse can legally work during the process.

3. Relatively Quick Process:

   • Marriage-based green cards are processed faster than many other family-based or employment-based green cards.

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How We Can Help

Our experienced immigration team specializes in helping couples navigate the Adjustment of Status process. Here’s how we can assist:

1. Application Preparation:

   • Ensure all forms and supporting documents are complete and accurate.

2. Bona Fide Marriage Evidence:

   • Help you compile and organize strong evidence to prove the authenticity of your marriage.

3. Interview Coaching:

   • Prepare you and your spouse for the USCIS interview.

4. RFE and Denial Defense:

   • Respond to USCIS requests for evidence or handle appeals if the case is denied.

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Contact us today to schedule a consultation and take the first step toward obtaining a green card through marriage to a U.S. citizen!