Adjustment of Status (AOS) after marriage is one of the most common ways for a foreign national already inside the United States to obtain lawful permanent residence (a Green Card). If you marry a U.S. citizen or lawful permanent resident while legally present in the U.S., you may be eligible to apply for permanent residency without leaving the country. This process allows you to remain in the United States while your application is pending.
This complete guide explains eligibility, forms, documents, processing time, costs, interviews, work permits, travel permission, and common mistakes.
What Is Adjustment of Status?
Adjustment of Status is the process of applying for permanent residency from inside the United States without returning to your home country for consular processing. It is handled by U.S. Citizenship and Immigration Services (USCIS).
If you entered the U.S. legally and later married a U.S. citizen, you can typically apply for AOS immediately. If you married a lawful permanent resident (green card holder), you may need to wait for a visa number to become available depending on visa category limits.
This process is different from consular processing, where applicants complete their immigrant visa application outside the U.S. through a U.S. embassy or consulate.
Who Is Eligible for Adjustment of Status After Marriage?
Eligibility depends on several factors. The most important requirement is that you must have entered the United States legally (with inspection), even if you later overstayed your visa.
Immediate relatives of U.S. citizens — including spouses — are given special consideration. Even if you overstayed your visa, you may still qualify as long as your entry was lawful.
If your spouse is a green card holder instead of a U.S. citizen, eligibility depends on visa availability under the family preference category. You must also maintain lawful status in many cases unless exceptions apply.
Individuals who entered without inspection or committed certain immigration violations may face complications and should consult a qualified immigration attorney.
Step 1: File Form I-130 (Petition for Alien Relative)
The first step is filing Form I-130, Petition for Alien Relative. This form establishes that a valid marital relationship exists between you and your U.S. citizen or permanent resident spouse.
Your spouse (the petitioner) files this form with USCIS along with supporting documents such as:
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Marriage certificate
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Proof of spouse’s citizenship or permanent residency
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Photos together
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Joint financial documents
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Lease agreements or mortgage statements
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Affidavits from friends and family
The purpose of this stage is to prove that your marriage is genuine and not solely for immigration benefits.
Step 2: File Form I-485 (Application to Adjust Status)
If you are married to a U.S. citizen, you can usually file Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time as Form I-130. This is called concurrent filing.
If married to a green card holder, you may need to wait until your priority date becomes current before filing Form I-485.
Form I-485 requires detailed information about your immigration history, background, and eligibility. You must also submit medical examination results from a USCIS-approved civil surgeon.
Step 3: Apply for Work Permit and Travel Document
While your Adjustment of Status is pending, you can apply for:
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Employment Authorization Document (EAD) using Form I-765
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Advance Parole (travel document) using Form I-131
The work permit allows you to legally work in the U.S. while waiting for your green card. Advance Parole allows you to travel outside the U.S. and return without abandoning your application.
It is extremely important not to leave the U.S. without Advance Parole if your AOS is pending, as this may result in denial.
Step 4: Biometrics Appointment
After filing, USCIS schedules a biometrics appointment. During this appointment, your fingerprints, photograph, and signature are collected for background checks.
Biometrics is a standard security step and usually occurs within several weeks after filing.
Step 5: The Marriage-Based Green Card Interview
Most applicants are required to attend an in-person interview at a local USCIS office. Both spouses must attend.
The purpose of the interview is to verify the authenticity of the marriage. The officer may ask questions about:
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How you met
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Wedding details
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Daily routines
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Family members
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Shared finances
If the officer suspects fraud, they may conduct a more detailed “Stokes interview,” where spouses are questioned separately.
Bringing updated joint documents and evidence of ongoing marital life is critical for approval.
Conditional vs Permanent Green Card
If your marriage is less than two years old at the time of approval, you will receive a conditional green card valid for two years.
Within 90 days before the card expires, you must file Form I-751 to remove conditions and prove the marriage is still genuine.
If your marriage is more than two years old at approval, you receive a 10-year permanent green card.
Processing Time in 2026
Processing times vary depending on your local USCIS office and case complexity.
Marriage-based Adjustment of Status cases typically take between 10 to 18 months. Some cases may move faster, while others may take longer due to background checks or interview scheduling delays.
Work permits are often issued within 4 to 8 months, though timing can change based on USCIS workload.
Cost of Adjustment of Status
Fees can change, but applicants typically pay:
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I-130 filing fee
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I-485 filing fee
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Biometrics fee
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Medical exam cost
Total government fees often exceed $1,500, excluding attorney fees. Legal representation can significantly increase total cost depending on case complexity.
Common Reasons for Denial
Adjustment of Status applications may be denied due to:
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Marriage fraud suspicion
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Incomplete documentation
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Criminal history
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Immigration violations
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Public charge concerns
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Failure to attend interview
Providing accurate information and full documentation reduces risk.
What If You Overstayed Your Visa?
If you entered legally but overstayed, you are generally still eligible if married to a U.S. citizen.
However, if you entered without inspection (crossed border unlawfully), you may not qualify for AOS unless protected under special laws.
Each situation is unique and requires careful evaluation.
What Happens After Approval?
Once approved, you receive your green card by mail. You become a lawful permanent resident and can live and work anywhere in the United States.
After three years of permanent residency (if still married to a U.S. citizen), you may apply for U.S. citizenship.
Benefits of Adjustment of Status
Adjustment of Status offers several advantages:
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Remain in the U.S. during processing
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Apply for work authorization
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Avoid international travel for visa interview
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Protection from removal in many cases while pending
It is often more convenient than consular processing.
Important Tips for Success
Submit complete documentation. Keep copies of everything. Maintain joint financial records. Prepare thoroughly for the interview. Avoid misrepresentation or incomplete answers.
If your case involves complications such as prior deportation, criminal history, or unlawful entry, seek professional legal guidance.
Final Thoughts
Adjustment of Status after marriage is a powerful pathway to permanent residency for spouses of U.S. citizens and lawful permanent residents. While the process involves multiple forms, fees, and interviews, proper preparation significantly increases approval chances.
Understanding eligibility requirements, gathering strong marital evidence, and following USCIS instructions carefully are key to success.
With patience and careful planning, this process can lead to permanent residency and eventually U.S. citizenship, allowing you to build your future together in the United States.
