Marriage Green Card via Adjustment of Status
If an individual is married to a U.S. citizen or a lawful permanent resident and currently living in the U.S., then ‘Adjustment of Status’ is the process that makes an applicant eligible to apply for a green card (lawful permanent residency) without leaving the country. The immediate relatives (spouse, parents, and unmarried children under 21) of U.S. citizens are most likely to obtain visas without any backlog, rapid processing, and no annual visa limits for the mentioned category.
Adjustment of Status: Eligibility Requirements
For Spouses of U.S. Citizens-
- An applicant’s spouse must be a U.S. citizen.
- An applicant is physically present in the U.S. while filing the application.
- An applicant must have a genuine marriage with the U.S. citizen, not for the benefit of permanent residency in the U.S.
- An applicant must have entered the U.S. lawfully or legally.
- An applicant must be admissible to the U.S.
For Spouses of Lawful Permanent Residents-
- An applicant’s spouse must be a green card holder or lawful permanent resident.
- An applicant is physically present in the U.S. while filing the application.
- This category is subject to the ‘Visa Bulletin’ and must be ‘current’ for an applicant to file the I-485 application.
- Applicant’s marriage must be admissible under U.S. immigration laws.
Advantages of the Adjustment of Status
Stay in the United States While Your Case Is Pending
Adjustment of Status allows applicants to remain lawfully in the U.S. throughout the green card process. There is no need to leave the country or attend visa interviews abroad, helping couples stay together without disruption.
Authorization to Work and Travel
Applicants may apply for work authorization and advance parole alongside the green card application. This enables eligible spouses to work legally and travel internationally while waiting for final approval.
A Streamlined Filing Process
Multiple required forms can be submitted together under Adjustment of Status, creating a more efficient and coordinated application process that helps reduce delays.
No Visa Backlogs for Immediate Relatives
Spouses of U.S. citizens are classified as immediate relatives and are not subject to annual visa caps. This often results in a faster route to permanent residence compared to other family-based categories.
Clear Path to Permanent Residence
Depending on the length of the marriage, applicants may receive conditional or permanent resident status. In both cases, approval provides lawful status and long-term security in the United States.
What is Adjustment of Status Processing Time?
The timeline for obtaining a marriage-based green card through Adjustment of Status can vary, but most cases are completed within 12 to 24 months. The exact processing time depends on several factors related to the applicant, the sponsoring spouse, and government workload.
Factors That Affect Processing Time
Processing times may vary based on the USCIS field office handling the case, the completeness of the application, and whether additional review is required. Cases involving spouses of U.S. citizens often move faster than those sponsored by lawful permanent residents.
Work and Travel Authorization Timeline
Many applicants receive employment authorization and advance parole within a few months of filing. This allows eligible spouses to work and travel while the green card application is still pending.
Interview and Final Decision
Most applicants are required to attend an in-person interview with USCIS. The timing of the interview depends on local office availability. After the interview, USCIS may approve the case shortly thereafter or request additional information before issuing a final decision.
How Can a Marriage Green Card Attorney Support Adjustment of Status?
Filing the Immigrant Petition
An attorney ensures the correct immigrant petition is filed and supported with strong, well-organized documentation. This step lays the foundation for a successful green card application.
Preparing and Submitting the Adjustment Application
Adjustment of Status filings involve several forms and supporting evidence. Your attorney carefully prepares and submits your application to avoid errors, inconsistencies, or missing information that could delay your case.
Biometrics Appointment Guidance
After filing, USCIS schedules a biometrics appointment. Your attorney explains what to expect, ensures you are prepared, and confirms that all required notices and deadlines are properly tracked.
Responding to Requests for Evidence (RFE)
If USCIS issues an RFE, an attorney helps prepare a clear and thorough response. Addressing USCIS concerns accurately and on time is critical to keeping your case on track.
Interview Preparation and Support
Most Adjustment of Status applicants must attend an interview. Your attorney prepares you in advance, reviews potential questions, and ensures your case is presented clearly and confidently.
Green Card Approval and Next Steps
Once your application is approved, your attorney guides you through the final steps, including understanding your new status, receiving your green card, and planning for future immigration goals.
Future Eligibility for U.S. Citizenship
After meeting residency and other legal requirements, permanent residents may apply for U.S. citizenship, allowing families to build a lasting future in the United States.