How to File for Adjustment of Status to Legal Premanent Residency

If you're a foreign national who is married to a United States citizen, you're now eligible to adjust your status to a lawful permanent resident. The next step is what is known as Adjustment of Status (AOS). Through the AOS application, foreign nationals can obtain a Permanent Resident Card (Green Card) and remain legally in the United States. Along with the AOS application, a foreign national can also apply for Employment Authorization and Advance Parole, allow him or her to freely work in the United States legally and reenter the U.S. after traveling internationally.

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The first step is to fill out the following USCIS forms:

• Form G-114: E-Notification of Application/Petition Acceptance (Optional)

• Form G-28, Notice of Entry of Appearance as Attorney for Petitioner (Attorney Only)

• Form G-28, Notice of Entry of Appearance as Attorney for Beneficiary (Attorney Only)

• Form I-130, Petition for Alien Relative

• Form I-130A, Supplemental Information for Spouse Beneficiary

• Form I-485: Adjustment of Status or Application to Register Permanent Residence

• Form I-864: Affiliate of Support

• Form I-765: Employment Authorization Document  (Optional)

• Form I-131: Advance Parole or Application for Travel Document (Optional)

• Form I-693: Report of Medical Examination and Vaccination Record

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The second step is gather all the supporting evidence. This supporting evidence can vary from each applicant, so it is important to read the instructions carefully and provide the appropriate evidence. Generally, each AOS will include the following: 

• Copy of Petitioner's birth certificate

• Copy of Petitioner's U.S. Passport, Naturalization Certificate, or Green Card (Lawful status) 

• Copy of marriage certificate

• Copy of birth certificates for all children/stepchildren/adopted children. 

• Copy of divorce decree(s) (if previously married) 

• Copy of Beneficiary's  birth certificate 

• Copy of the Beneficiary’s current U.S. visa or expired U.S. visas in passport with admission stamp, or Border Crossing Card

• Copy of Beneficiary’s I-94 Entry Exit Documents

• Internal Revenue Service (IRS) Tax Return Transcript for the Petitioner for the most recent filing year, including W-2/1099. 

• Copy of Petitioner’s recent pay statements and/or letter from Petitioner’s employer.

• Copy of Beneficiary's credit report

• Evidence of Bona Fide Marriage: ​Photos and evidence of joint residence and/or finances.​

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Lastly, Fees and Photos:

1. $1,760.00 filing fee payable to The Department of Homeland Security

2. Two (2) Passport Style Photos of Petitioner

3. Two (2) Passport Style Photos of Applicant

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*Please note that the information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.