Adjustment of Status (AOS) is the process of applying for a green card while you're already physically present in the United States. This guide covers everything you need to know about the marriage-based AOS process.
Adjustment of Status is an immigration process that allows eligible individuals already in the United States to apply for lawful permanent resident status (a green card) without having to return to their home country. For married couples where one spouse is a U.S. citizen or permanent resident, this pathway offers a streamlined way to obtain legal permanent residency.
The key advantage of AOS is that you can remain in the United States throughout the entire application process. You can also apply for work authorization and travel permits while your case is pending.
To be eligible for Adjustment of Status through marriage, you must meet the following criteria:
If you entered the U.S. without inspection (without going through a port of entry), you generally cannot adjust status. However, there are some exceptions, including:
If you have an irregular immigration history, we recommend consulting with an immigration attorney before proceeding.
The AOS process requires submitting multiple forms together in one package. Here are the main forms you'll need:
Filed by your U.S. citizen or permanent resident spouse to establish your family relationship.
Filing fee: $535
The main adjustment of status application filed by the foreign spouse.
Filing fee: $1,225 (includes biometrics)
Demonstrates that your sponsor can financially support you and you won't become a public charge.
No filing fee
Allows you to work legally while your green card application is pending.
No additional fee when filed with I-485
Allows you to travel internationally while your application is pending (Advance Parole).
No additional fee when filed with I-485
The AOS process typically takes 12-18 months from start to finish when the petitioner is a U.S. citizen. Here's what to expect:
Mail all forms, supporting documents, and filing fees to the appropriate USCIS lockbox. You'll receive a receipt notice within 2-3 weeks confirming your filing.
Within 3-6 weeks, you'll be scheduled for a biometrics appointment at a local USCIS Application Support Center to provide fingerprints and photos for background checks.
If you filed Forms I-765 and I-131, you'll typically receive your Employment Authorization Document (EAD) and Advance Parole within 3-6 months. These often come as a combo card.
You'll be scheduled for an interview at your local USCIS field office. Both you and your spouse must attend. The officer will verify your information, ask questions about your relationship, and review your evidence.
After a successful interview, your application will be approved. You'll receive your green card in the mail within a few weeks. If married less than 2 years at approval, you'll receive a conditional 2-year green card.
Include joint bank account statements, shared lease or mortgage documents, photos together spanning your relationship, affidavits from friends and family, communication records, and evidence of shared life (insurance, utilities, etc.).
Answer every question completely and truthfully. Inconsistencies between forms or with previous immigration applications can cause delays or denials. Double-check all dates, addresses, and personal information.
Your U.S. spouse must demonstrate income at or above 125% of the federal poverty guidelines. If they don't meet this threshold, you can use assets or a joint sponsor to satisfy the requirement.
Review your application before the interview. Be prepared to answer questions about how you met, your wedding, your daily life together, and your future plans. Bring originals of all documents you submitted as copies.
Green Card Genius guides you through the entire AOS process with step-by-step instructions, automatic form filling, and expert support.
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