How to Apply for Adjustment of Status for Your Spouse

Navigating the process of adjustment of status for your spouse can be complex and overwhelming. At Law Offices of Jeffrey A. Thompson, we understand the importance of keeping families together and helping them achieve their immigration goals.

This guide will walk you through the key steps of applying for adjustment of status for your spouse, from understanding eligibility requirements to preparing a strong application package. We’ll also provide insights on what to expect during the process and how to increase your chances of success.

What Is Adjustment of Status for Spouses?

Definition and Eligibility

Adjustment of Status allows eligible individuals in the United States to apply for lawful permanent resident status without leaving the country. For spouses of U.S. citizens or lawful permanent residents, this process offers a path to obtain a green card.

To qualify for spouse-based adjustment of status, you must meet specific requirements:

1. You must be married to a U.S. citizen or lawful permanent resident
2. Your marriage must be valid and recognized under U.S. law
3. You must be physically present in the United States
4. You must have entered the country legally

USCIS data provides information on the number of forms received, processed, approved, denied, and pending, along with average processing times. This data highlights the importance of proper documentation of your relationship.

The Application Process

The adjustment process typically involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. As of 2025, the government filing fee for this form is $1,440. The current average processing time for Form I-485 is 9.3 months, though this can vary based on individual circumstances and USCIS workload.

Benefits of Adjusting Status

Adjusting status offers several advantages over consular processing:

1. You can stay in the U.S. with your spouse during the application process, which may reduce family separation
2. You may apply for work authorization while your application is pending, allowing you to start or continue employment in the U.S.
3. The process often moves faster than consular processing, especially for immediate relatives of U.S. citizens

Potential Challenges

While adjustment of status offers many benefits, it’s important to understand potential challenges:

1. Strict eligibility requirements (e.g., lawful entry, maintaining status)
2. Complex paperwork and documentation needs
3. Possible interview with USCIS officers
4. Potential delays due to high application volumes

Understanding these aspects of the adjustment of status process will help you prepare for the next steps in your journey. In the following section, we’ll discuss how to prepare a strong application package to increase your chances of success.

How to Prepare a Strong Adjustment of Status Application

Essential Forms for Spouse-Based Adjustment

The foundation of your application is Form I-485, Application to Register Permanent Residence or Adjust Status. As of 2025, this form requires a government filing fee of $1,440. You must also submit Form I-130, Petition for Alien Relative, which establishes the relationship between you and your U.S. citizen or permanent resident spouse. The current filing fee for Form I-130 is $675.

Additional forms you may need to include:

• Form I-864, Affidavit of Support (demonstrates financial stability)
• Form I-765, Application for Employment Authorization (allows you to work while your case is pending)
• Form I-131, Application for Travel Document (enables international travel during the process)

Gathering Supporting Evidence

USCIS requires substantial evidence to prove the authenticity of your marriage and your eligibility for adjustment. Key documents include:

• Marriage certificate
• Birth certificates for both spouses
• Passport-style photographs
• Evidence of your spouse’s U.S. citizenship or permanent residency
• Proof of lawful entry into the U.S. (I-94 record, visa stamps)
• Joint financial records (bank statements, tax returns, lease agreements)
• Photographs of you and your spouse together
• Affidavits from friends and family attesting to the genuineness of your relationship

Organizing Your Application for Success

A well-organized application can significantly impact the processing time and outcome of your case. Here are some tips to strengthen your submission:

1. Use a checklist to ensure all required forms and documents are included
2. Arrange documents in a logical order, following USCIS guidelines
3. Provide clear, high-quality copies of all supporting documents
4. Include a cover letter summarizing the contents of your application package
5. Retain copies of everything you submit for your records

USCIS data shows that thoroughly documented applications have higher approval rates and shorter processing times. In fiscal year 2024, USCIS production levels for naturalization applications continued to surpass pre-pandemic levels.

The Importance of Professional Assistance

The complexity of the adjustment of status process often necessitates professional legal guidance. Immigration attorneys possess in-depth knowledge of current immigration policies and USCIS requirements. They can review your application meticulously, ensuring it meets all necessary standards and maximizing your chances of a favorable outcome.

With your application package prepared and organized, you’re ready to move forward with the filing process. The next chapter will guide you through the steps of submitting your application to USCIS and what to expect during the subsequent stages of the adjustment of status journey.

How the Adjustment of Status Process Works

Filing Your Application

The first step involves submitting your completed forms and supporting documents to USCIS. As of 2025, you must send your application to the appropriate USCIS lockbox facility (which varies depending on your location and application type). USCIS recommends using a trackable mailing method to ensure your package arrives safely.

USCIS will send you a receipt notice, typically within 2-3 weeks after receiving your application. This notice contains your receipt number, which you’ll use to track your case status online. The processing times for Form I-485 vary based on individual circumstances and USCIS workload.

Biometrics Appointment

USCIS will schedule a biometrics appointment, usually within 3-5 weeks of receiving your application. At this appointment, USCIS will collect your fingerprints, photograph, and signature for background checks and identity verification.

The appointment itself is typically brief (lasting about 15-20 minutes). Bring your appointment notice and a valid government-issued photo ID. Dress professionally, as your photo will be taken for your green card.

Preparing for the Interview

The interview is an important part of the adjustment of status process. USCIS uses this opportunity to verify the information in your application and assess the authenticity of your marriage. Preparation is essential for a successful interview.

Review your application thoroughly before the interview. Be ready to answer questions about your relationship history, daily life together, and future plans. USCIS officers may ask detailed questions to verify the legitimacy of your marriage.

Gather additional evidence to bring to the interview, such as recent joint financial statements, photos, and correspondence. This can help strengthen your case and address any concerns the officer might have.

Interview Day and Possible Outcomes

On the day of your interview, arrive early and bring all required documents (including originals of the copies you submitted with your application). The interview typically lasts 20-30 minutes, but it may run longer.

After the interview, there are several possible outcomes:

1. Approval: The officer may approve your application on the spot.
2. Request for Evidence (RFE): You may need to provide additional documentation.
3. Further Review: The officer might need more time to review your case.
4. Denial: In rare cases, your application may be denied if you’re found ineligible.

The processing times for Form I-130, which establishes the genuineness of the marriage, can be found on the USCIS website. This highlights the importance of thorough preparation and honest representation throughout the process.

If approved, you’ll receive your green card in the mail within 2-3 weeks. If you receive an RFE, respond promptly and thoroughly to avoid delays or potential denial.

The adjustment of status process can be complex and time-consuming. Many applicants find that working with an experienced immigration attorney can help navigate potential pitfalls and increase the likelihood of a successful outcome. Their expertise can be particularly valuable in preparing for the interview and responding to any USCIS requests.

Final Thoughts

The adjustment of status process for your spouse requires careful planning and attention to detail. You must understand immigration laws, gather essential documents, and prepare for the USCIS interview. Professional legal assistance can provide invaluable support throughout this complex journey.

Law Offices of Jeffrey A. Thompson specializes in guiding clients through intricate immigration processes, including adjustment of status for spouses. Our team stays current with the latest USCIS policies and procedures to offer personalized support. We handle all communications with USCIS on your behalf, allowing you to focus on your life and family.

Attorney Thompson and his team can help you prepare a comprehensive application package and gather compelling evidence of your bona fide marriage. We also assist in preparing you for the USCIS interview (a critical step in the process). With the right approach and support, you can navigate this significant milestone in your immigration journey successfully.