Adjustment of Status Through Marriage
A Step-by-Step Guide for Spouses of U.S. Citizens
When a U.S. citizen marries a foreign national, the foreign spouse may be eligible to apply for a marriage-based green card through Adjustment of Status (AOS). This process allows the spouse to become a lawful permanent resident without leaving the United States.
Adjustment of Status through marriage is one of the most common ways to obtain a green card. However, the process involves several forms, supporting documents, and multiple stages with U.S. Citizenship and Immigration Services (USCIS).
Below is a step-by-step overview of how the marriage green card process inside the United States typically works.
Step 1: Confirm Eligibility for Adjustment of Status
Before filing, it is important to confirm that the foreign spouse is eligible to apply for Adjustment of Status through marriage to a U.S. citizen.
Generally, the foreign spouse must:
Have entered the United States lawfully (for example with a visa or through parole)
Be physically present in the United States
Have a valid marriage to a U.S. citizen
Not be subject to certain bars to adjustment (such as certain criminal or immigration violations)
One key benefit of marrying a U.S. citizen (an “immediate relative”) is that many immigration violations, such as visa overstays or unauthorized employment, are often forgiven for purposes of adjustment of status.
However, every case is different, so it is important to review eligibility carefully.
Step 2: File the Marriage Green Card Application Package
In most cases, the foreign spouse and the U.S. citizen can file the immigration forms together in one package, commonly called “concurrent filing.”
Typical forms in a marriage-based adjustment of status package include:
Form I-130 – Petition for Alien Relative
Filed by the U.S. citizen spouse to establish the family relationship.Form I-485 – Application to Register Permanent Residence or Adjust Status
Filed by the foreign spouse to apply for a green card.Form I-864 – Affidavit of Support
Shows the U.S. citizen spouse has sufficient income to financially support the immigrant spouse.Form I-765 – Application for Employment Authorization
Allows the foreign spouse to obtain a work permit (EAD) while the green card case is pending.Form I-131 – Application for Advance Parole
Allows temporary international travel during the adjustment process.Form I-693 – Immigration Medical Exam
Supporting documents typically include:
Marriage certificate
Birth certificates
Passport and visa records
Proof of lawful entry (I-94)
Evidence of a bona fide marriage (photos, joint bank accounts, leases, insurance, etc.)
Step 3: USCIS Receipt Notices and Biometrics Appointment
After the application is filed, USCIS will issue receipt notices confirming that the forms were accepted.
A few weeks later, the foreign spouse will typically receive a notice for a biometrics appointment at a local Application Support Center (ASC). At this appointment, USCIS collects fingerprints, photographs, and a signature for background checks.
Step 4: Work Permit and Travel Authorization
While the marriage green card application is pending, USCIS may approve:
Employment Authorization Document (EAD)
Advance Parole travel authorization
The work permit allows the foreign spouse to legally work in the United States while waiting for the green card decision.
Processing times for these documents vary but are often issued several months after filing.
Step 5: Marriage Green Card Interview
In most marriage-based adjustment of status cases, USCIS schedules an interview at the local field office.
Both spouses must attend the interview.
During the green card interview, the immigration officer will typically:
Review the application forms
Ask questions about the couple’s relationship
Confirm the marriage is genuine and not solely for immigration purposes
Review supporting documents
Common questions may include:
How the couple met
Daily routines
Living arrangements
Important dates in the relationship
Bringing updated evidence of the marriage is strongly recommended.
Step 6: Approval and Conditional Green Card
If USCIS approves the application, the foreign spouse becomes a lawful permanent resident.
The type of green card issued depends on the length of the marriage:
Marriage less than 2 years old
The immigrant receives a conditional green card valid for two years.
Marriage more than 2 years old
The immigrant receives a 10-year permanent resident card.
If the green card is conditional, the couple must later file Form I-751 (Removal of Conditions on Residence) during the 90-day period before the card expires.
How Long Does Adjustment of Status Through Marriage Take?
Processing times for marriage-based adjustment of status cases vary depending on the USCIS field office and case complexity.
Many cases take approximately 10–18 months, although timelines can change.
Why Legal Guidance Can Be Important
Although many couples assume the process is straightforward, marriage-based green card cases can become complicated. Issues such as prior immigration violations, incomplete applications, or insufficient evidence of the marriage can lead to delays, requests for evidence (RFEs), or even denials.
Working with an experienced immigration attorney for adjustment of status through marriage can help ensure that the application is prepared correctly and that couples are properly prepared for the USCIS interview.
