Spouse Already in the United States

Marriage Green Card Adjustment of Status Lawyer

The Messersmith Law Firm represents married couples seeking lawful permanent residence through adjustment of status, including preparation of Forms I-130 and I-485, bona fide marriage evidence, USCIS interview preparation, and representation in difficult cases.

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Representation is available nationwide. Attorney attendance at a USCIS field office may be arranged subject to case acceptance, availability, scheduling, and travel arrangements.

Remain in the United States An eligible applicant completes the permanent residence process through USCIS rather than a U.S. consulate abroad.

File the Required Applications The case commonly includes a family petition, adjustment application, financial sponsorship, medical examination, and supporting evidence.

Prepare for USCIS Review USCIS may review the marriage, entry history, status, prior filings, admissibility, and consistency of the couple’s evidence.

Adjustment of Status Overview

What Is Marriage Green Card Adjustment of Status?

Adjustment of status is the process through which an eligible foreign national who is already in the United States applies to become a lawful permanent resident without completing the immigrant visa process at a United States embassy or consulate.

In a marriage-based case, the United States citizen or lawful permanent resident spouse generally files Form I-130 to establish the qualifying marital relationship. The foreign spouse files Form I-485 to request permanent residence.

The government must determine both that the marriage qualifies for immigration purposes and that the foreign spouse is eligible to adjust status. A valid marriage certificate alone does not resolve entry, status, admissibility, fraud, criminal, sponsorship, or procedural issues.

Petitioner’s Immigration Status

U.S. Citizen Spouse or Permanent Resident Spouse

The petitioner’s status affects visa availability, concurrent filing, and the treatment of certain immigration status violations.

Immediate Relative Category

Spouse of a U.S. Citizen

A spouse of a United States citizen is generally classified as an immediate relative. An immigrant visa is not subject to the annual numerical limits that apply to preference categories.

Form I-130 and Form I-485 may often be filed concurrently
Certain adjustment bars may not apply to immediate relatives
Inspection and admission or parole generally remains important
Inadmissibility and misrepresentation issues still must be reviewed
The marriage must be legally valid and bona fide

Family Preference Category

Spouse of a Lawful Permanent Resident

A spouse of a lawful permanent resident generally falls within the family-based second preference category. Visa availability and lawful status issues may affect when Form I-485 can be filed.

The priority date and applicable Visa Bulletin chart matter
Concurrent filing is available only when permitted by visa availability
Maintaining lawful status may be especially important
Naturalization of the petitioner may change the category
The complete procedural history should be reviewed before filing

Core Adjustment Requirements

What Must Be Reviewed Before Filing?

Adjustment eligibility is determined from the applicant’s complete immigration history, not merely from the current marriage or current visa status.

USCIS may review every prior entry, departure, visa application, immigration petition, employment authorization period, arrest, removal proceeding, and statement previously made to a government officer.

Do not assume that marriage automatically cures every immigration problem.

A marriage to a United States citizen can provide important immigration benefits, but it does not automatically waive an unlawful entry, false claim to citizenship, fraud finding, certain criminal grounds, prior removal order, or every other bar to adjustment.

Inspection, Admission, or Parole

Most applicants adjusting under INA section 245(a) must demonstrate that they were inspected and admitted or paroled, unless another legal provision applies.

Visa Availability

An immigrant visa must be immediately available when required. Immediate relatives of United States citizens are not subject to the numerical limits applicable to preference categories.

Admissibility

Criminal history, fraud or misrepresentation, unlawful presence, health issues, prior removals, and other grounds of inadmissibility must be evaluated.

A Bona Fide Marriage

The spouses must establish that the marriage is legally valid and was entered into to build a life together rather than solely to obtain an immigration benefit.

Financial Sponsorship

The petitioner generally must submit an enforceable Affidavit of Support. A qualifying joint sponsor may be needed when the petitioner does not independently satisfy the requirements.

The Adjustment Process

How a Marriage Green Card Case Proceeds

The exact sequence depends on whether the filings are submitted together, whether USCIS requests additional evidence, and whether the case presents a legal or factual issue.

Eligibility Review

Examine the marriage, entries, status, prior filings, employment, criminal history, travel, and admissibility.

Prepare the Filing

Complete the required forms, civil records, financial sponsorship, medical examination, and marriage evidence.

USCIS Processing

USCIS issues receipt notices and may schedule biometrics, review related applications, or request more evidence.

Marriage Interview

The spouses may be required to appear, answer questions, provide originals, and submit updated relationship evidence.

USCIS Decision

USCIS may approve the case, continue review, request evidence, issue a NOID, or take another case-specific action.

The Filing Package

Forms Commonly Used in Marriage Adjustment Cases

The forms required in a particular case depend on the petitioner’s status, the applicant’s history, whether related benefits are requested, and whether a waiver or other application is necessary.

Each filing should be prepared using the current edition of the form, the current filing address, and the correct filing fee or fee request permitted by USCIS at the time of filing.

This list is an overview, not a filing checklist for every case. USCIS form editions, fees, filing locations, and submission requirements can change.

Form I-130

Petition for Alien Relative Submitted by the petitioning spouse to establish the qualifying marital relationship.

Form I-130A

Supplemental Information for Spouse Beneficiary Provides biographical and residential information concerning the foreign spouse.

Form I-485

Application to Adjust Status The foreign spouse’s application to become a lawful permanent resident.

Form I-864

Affidavit of Support Establishes the required financial sponsorship by the petitioner and, when applicable, a joint sponsor.

Form I-693

Immigration Medical Examination Documents the required medical examination and vaccination record completed by a designated civil surgeon.

Form I-765

Employment Authorization Application May be filed by an eligible adjustment applicant seeking employment authorization while the I-485 is pending.

Form I-131

Travel Document Application May be used to request advance parole before certain travel outside the United States while the I-485 is pending.

Bona Fide Marriage Evidence

The Evidence Should Tell the Story of the Marriage

USCIS does not decide whether a marriage is genuine based on one particular document. The evidence should reflect the couple’s actual residence, finances, family life, communications, travel, commitments, and relationship history.

Couples who live separately, recently married, maintain separate finances, or lack traditional joint records may need to explain the circumstances and provide alternative evidence.

Learn About Interview Preparation

Joint leases or mortgages
Joint bank statements
Joint credit accounts
Joint federal tax returns
Health or auto insurance
Life insurance beneficiaries
Utility and household records
Photographs over time
Travel itineraries and reservations
Messages and call records
Birth certificates of children
Emergency contact records
Estate planning documents
Mail addressed to both spouses
Affidavits from relatives or friends
Evidence of shared responsibilities

The best evidence depends on the facts. Submitting a large quantity of repetitive documents is not a substitute for addressing an inconsistency or explaining an unusual living arrangement.

While Form I-485 Is Pending

Employment, Travel, and the USCIS Interview

Filing Form I-485 does not by itself resolve every work or travel issue. Applicants should understand the limits of their current status and any document issued while the case is pending.

Employment Authorization

A pending adjustment application does not itself authorize employment. An applicant generally needs independent work authorization or an approved Employment Authorization Document before beginning employment.

International Travel

Departure while Form I-485 is pending can cause USCIS to treat the application as abandoned unless an exception applies or the applicant has obtained the appropriate travel authorization. Travel can also create separate admissibility consequences.

USCIS Interview

USCIS may require the spouses to appear at a field office, answer questions about the filing and relationship, present original documents, and provide updated marriage evidence.

View USCIS interview office guides →

Difficult Adjustment Cases

Issues That Should Be Reviewed Before Filing

An incomplete or inconsistent filing can create a problem that might have been addressed through advance legal analysis, documentation, or a different immigration strategy.

Entry With ESTA or a Visitor Visa

USCIS may examine the applicant’s purpose at entry, the timing of later events, prior statements, and whether a misrepresentation occurred.

Visa Overstay or Status Violation

The consequences depend on the petitioner’s status, the manner of entry, the adjustment category, and the complete immigration history.

Entry Without Inspection

A marriage to a United States citizen does not automatically satisfy the admission or parole requirement. INA section 245(i), parole, consular processing, or another provision may need review.

Unauthorized Employment

The effect of unauthorized employment varies according to the adjustment category and other facts. Employment should be disclosed accurately and evaluated before filing.

Prior Marriage or Immigration Filings

USCIS may compare the present case with earlier petitions, visa applications, interviews, marriage records, and statements made to immigration officials.

Criminal or Inadmissibility Issues

Arrests, convictions, fraud, unlawful presence, prior removal, health concerns, and other grounds may require additional evidence, legal analysis, or a waiver.

Learn about I-601 waivers →

Frequently Asked Questions

Marriage Adjustment of Status Questions

These answers provide a general overview. A reliable answer in an individual case requires review of the applicant’s complete immigration and personal history.

Can Forms I-130 and I-485 be filed together?

They may often be filed concurrently when the applicant is the immediate relative spouse of a United States citizen and is otherwise eligible. A spouse of a permanent resident generally must also consider visa availability and the applicable filing chart.

Can a person adjust status after overstaying a visa?

Certain status-related adjustment bars may not apply to an immediate relative of a United States citizen. However, the applicant still must satisfy other requirements, including the applicable admission or parole requirement, and must address any other inadmissibility or immigration issue.

Can the applicant work immediately after filing Form I-485?

No. Filing Form I-485 does not itself authorize employment. The applicant must have separate valid employment authorization or wait until USCIS approves a qualifying Form I-765 application and issues employment authorization.

Can the applicant travel while the case is pending?

Travel should be reviewed before departure. USCIS generally treats a pending Form I-485 as abandoned when the applicant departs without advance parole unless a recognized exception applies. Advance parole also does not eliminate every immigration or admissibility risk.

Will USCIS interview both spouses?

USCIS determines whether an interview is required. When an interview is scheduled, the spouses should review the complete filing, bring requested original documents, update their marriage evidence, and prepare to address any inconsistency.

Will the applicant receive a two-year or ten-year green card?

If permanent residence is granted before the second anniversary of the marriage, the applicant generally receives conditional permanent residence for two years. Form I-751 is later used to request removal of the conditions.

How long does marriage adjustment of status take?

There is no single processing time for every case. Timing varies by USCIS workload, field office, required background checks, whether additional evidence is requested, and the factual or legal complexity of the application.

Discuss Your Marriage Adjustment of Status Case

Contact The Messersmith Law Firm to request an evaluation of eligibility, the filing package, immigration history, bona fide marriage evidence, interview preparation, or a problem that may affect adjustment of status.

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This page provides general information and does not create an attorney-client relationship or determine eligibility in any individual matter. Prior results do not guarantee a similar outcome. Immigration law, USCIS policies, form editions, filing fees, and procedures may change.

Official USCIS resources: Adjustment of Status Immediate Relatives Concurrent Filing Form I-485 While the Case Is Pending