Marriage-Based Green Card

What Is Adjustment of Status?

Adjustment of status is the process of applying for lawful permanent residence (a green card) from inside the United States. Rather than traveling abroad for a visa interview at a U.S. consulate, eligible applicants can complete the entire process here at home.

For married couples, adjustment of status involves filing a package of immigration forms with USCIS, attending a biometrics appointment, and — in most cases — appearing together for an interview at your local USCIS field office.

If approved, the foreign-born spouse receives a green card, authorizing them to live and work permanently in the United States.

Who Is Eligible?

To apply for a marriage-based green card through adjustment of status, you generally must meet the following requirements:

• You are currently married to a U.S. citizen or lawful permanent resident

• You entered the United States lawfully (with a valid visa, parole, or other authorized entry)

• You are physically present in the United States at the time of filing

• You are admissible to the United States, or eligible for a waiver of any grounds of inadmissibility

• Your marriage is genuine — entered in good faith, not solely for immigration benefits

Spouses of U.S. citizens are considered "immediate relatives" under immigration law, meaning there is no annual cap on green cards and no waiting period for a visa to become available.

Spouses of lawful permanent residents (green card holders) fall under the F2A preference category. Visas are available but subject to annual limits, which can mean a waiting period before filing depending on your country of birth.

The Adjustment of Status Process

Step 1: File the I-130 Petition. The U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, to establish the qualifying family relationship. Spouses of U.S. citizens may file the I-130 and the adjustment of status application simultaneously.

Step 2: File the Adjustment of Status Application (I-485). The foreign-born spouse files Form I-485, Application to Register Permanent Residence, along with supporting documents including:

• Passport and travel history

• Birth certificate

• Marriage certificate and evidence of a bona fide marriage

• Police reports and court records (if applicable)

• Medical examination (Form I-693, completed by a USCIS-designated civil surgeon)

• Financial support documents (Form I-864, Affidavit of Support)

Step 3: Apply for Work Authorization and Travel Permission. While the I-485 is pending, the foreign-born spouse may apply for an Employment Authorization Document (EAD) and Advance Parole (travel permission) by filing Form I-765 and I-131 concurrently. These are typically filed as part of the same application package.

Step 4: Attend Biometrics. USCIS will schedule a biometrics appointment to collect fingerprints, photographs, and a signature for background check purposes.

Step 5: Attend the USCIS Interview. Most marriage-based adjustment of status cases require both spouses to appear together for an interview at the local USCIS field office. The officer will review your application and ask questions to confirm the validity of your marriage. Attorney Moore prepares clients thoroughly for this interview.

Step 6: Receive a Decision. If approved, the green card is mailed to your home address. If additional evidence is requested, Attorney Moore will respond on your behalf. If denied, she will advise you on options for appeal or refiling.

Conditional Green Cards

If you have been married for less than two years at the time your green card is approved, USCIS will issue a conditional green card valid for two years rather than the standard 10-year card.

Approximately 90 days before the conditional green card expires, you must file Form I-751, Petition to Remove Conditions on Residence, to obtain a permanent green card. This filing requires evidence that your marriage is still genuine and ongoing.

Attorney Moore assists clients with both the initial adjustment application and the I-751 removal of conditions petition.

Evidence of a Bona Fide Marriage

One of the most important parts of any marriage-based green card application is demonstrating that your marriage is real. USCIS officers are trained to identify marriages entered into solely for immigration benefits.

Strong evidence of a genuine marriage includes:

• Joint lease, mortgage, or deed showing you live together

• Joint bank account statements

• Joint insurance policies (health, auto, life, homeowners/renters)

• Birth certificates of children born to the marriage

• Photos together over time — holidays, family events, travel

• Correspondence and communication records

• Affidavits from people who know you as a couple

• Joint tax returns or utility bills

Attorney Moore will review your specific situation and help you build the strongest possible evidentiary package before you file.

Common Complications

Every marriage-based case is different. Some situations require extra attention and experienced legal guidance, including:

• Prior immigration violations — overstays, unlawful presence, or prior orders of removal may affect eligibility or require waivers

• Criminal history — certain convictions can trigger grounds of inadmissibility that must be addressed before or during the application

• Prior marriages — evidence that prior marriages were legally terminated is required

• Mixed-status households — cases involving DACA recipients, TPS holders, or individuals with complex immigration histories

• Delays and RFEs — responding effectively to Requests for Evidence (RFEs) or unreasonable processing delays

If your situation involves any of these factors, it is especially important to work with an experienced immigration attorney before filing.

Frequently Asked Questions

How long does marriage-based adjustment of status take? Processing times vary by USCIS field office and current workloads. For spouses of U.S. citizens, the process typically takes 12 to 24 months from filing to green card approval, though this can vary significantly. Attorney Moore can provide a realistic estimate based on current processing times at your local office.

Can I work while my green card application is pending? Yes, if you file Form I-765 for an Employment Authorization Document (EAD) at the same time as your I-485. EADs are typically processed within a few months of filing. Once received, you may work for any employer in the United States.

Can I travel internationally while my case is pending? Not without first obtaining Advance Parole (Form I-131). Leaving the U.S. without Advance Parole while your I-485 is pending will generally result in abandonment of your application. Do not travel internationally without speaking to your attorney first.

What if my spouse and I are separated or divorcing? A marriage-based green card requires a valid, ongoing marriage at the time of approval. If you separate or divorce during the process, your eligibility may be affected. Contact Attorney Moore immediately if your marital situation changes.

What if I entered the U.S. without inspection (EWI)? Individuals who entered without inspection — crossing the border without going through a port of entry — are generally not eligible for adjustment of status and may need to pursue a green card through consular processing abroad, often with additional waivers required. Attorney Moore can evaluate your options.

Can same-sex married couples apply? Yes. Following the Supreme Court's decision in Obergefell v. Hodges, same-sex marriages are recognized for all immigration purposes. Spouses in valid same-sex marriages are treated identically to opposite-sex spouses under U.S. immigration law.

Ready to start the process — or have questions about your situation?

Contact Cameron Moore Law today for a consultation. Attorney Jenny Moore will review your eligibility, explain exactly what the process involves, and help you move forward with confidence.