Adjustment of Status
Adjustment of Status: Getting a Green Card Through Marriage While in the US
Adjustment of status is the process that lets a spouse already lawfully present in the United States apply for a marriage green card without leaving the country. This includes K1 visa holders who have married their US citizen sponsor, as well as spouses who entered on another visa and later married a US citizen or permanent resident.
Completing the Process Inside the United States
Instead of attending an interview at a US embassy abroad, adjustment of status applicants complete their process, including the interview, inside the United States.
Eligibility
Lawful entry requirement
You generally need to have entered the US lawfully, meaning with inspection by a border or customs officer, to be eligible for adjustment of status.Bona fide marriage
Your marriage must be genuine, not entered into to obtain immigration benefits.Admissibility
You must not have certain bars to adjustment, such as specific immigration violations, criminal history, or health-related grounds. An attorney can review your history for any admissibility issues before filing.
Process
- 01
File Form I-485
The spouse applies to adjust status using Form I-485, Application to Register Permanent Residence or Adjust Status. - 02
Concurrent Filing
Form I-765 (work permit application) and Form I-131 (travel permit application) are typically filed at the same time as the I-485, at no additional fee. - 03
Biometrics Appointment
USCIS schedules a biometrics appointment to collect fingerprints and photographs. - 04
Interview
USCIS schedules an interview, typically with both spouses present, to review the marriage and eligibility. - 05
Approval
Once approved, the spouse receives a green card, either conditional (if married less than two years) or unconditional.
Timeline and Cost
Filing fee
The total USCIS filing fee for an I-485 spouse application is $1,440, which includes biometrics. Children under 14 filing along with a parent receive a reduced fee of $950. Confirm the live figure using USCIS's fee calculator before filing, since fees change periodically.
Processing time
AOS process for spouse timing depends on the USCIS field office handling the interview and current case volume. There is no premium processing available for marriage-based I-485 applications.
Timelines and fees are subject to change. Past results do not guarantee future outcomes.
Common Challenges
Status violations before filing
Prior visa overstays
Interview scheduling delays
Leaving the US while a case is pending
FAQ
Frequently Asked Questions
Can't find your answer? Every case is different, and a free case evaluation is the fastest way to get guidance specific to your situation.
Get a Free Case EvaluationWhat's the difference between adjustment of status and a CR1/IR1 spouse visa?
Adjustment of status is for spouses already in the US and handled entirely through USCIS domestically. CR1/IR1 is for spouses living abroad, who complete their process at a US embassy or consulate instead.
Can I work while my I-485 spouse application is pending?
Yes. Applicants can typically request a work permit while green card is pending by filing Form I-765 concurrently with the I-485.
Can I travel outside the US while my case is pending?
Only with an approved travel document (Form I-131), also filed concurrently with the I-485. Leaving without one can be treated as abandoning your application.
How much does adjustment of status cost?
The total USCIS filing fee is $1,440, which includes biometrics. Additional costs may include the medical exam and any attorney fees.
Do I need an attorney for a green card through marriage application?
Many straightforward cases are filed without one. An attorney is most valuable when there are prior visa violations, admissibility concerns, or a complicated immigration history.
