How to Apply for Marriage-Based Adjustment of Status

Navigating the marriage-based adjustment of status process can be complex and overwhelming for many couples. At Law Offices of Jeffrey A. Thompson, we understand the importance of this journey in uniting families and securing permanent residency.

This guide will walk you through the essential steps, required documents, and potential challenges you may face when applying for a marriage-based green card. We’ll provide practical tips to help streamline your application and increase your chances of success.

Understanding Marriage-Based Adjustment of Status

Definition and Purpose

Marriage-based adjustment of status allows eligible foreign nationals married to U.S. citizens or lawful permanent residents to obtain a green card without leaving the United States. This process unites families and secures permanent residency for spouses who wish to build their lives together in the U.S.

Eligibility Requirements

To qualify for marriage-based adjustment of status, applicants must meet specific criteria:

1. The marriage must be legally valid and entered into in good faith.
2. The U.S. citizen or permanent resident spouse must file Form I-130 (Petition for Alien Relative).
3. The foreign national must have entered the U.S. legally and maintained lawful status (with some exceptions for immediate relatives of U.S. citizens).

Factors such as criminal history, prior immigration violations, or certain grounds of inadmissibility can affect eligibility.

Advantages Over Consular Processing

Adjusting status within the U.S. offers several benefits compared to consular processing:

1. Couples remain together throughout the application process, avoiding lengthy separations.
2. Applicants can often obtain work authorization and travel permission while their cases are pending.
3. The process reduces stress and anxiety.

The Application Process

The marriage-based adjustment of status process involves submitting a comprehensive application package to USCIS. This includes Form I-485 (Application to Register Permanent Residence or Adjust Status), along with supporting documents such as birth certificates, marriage certificate, and financial evidence.

Potential Challenges

USCIS scrutinizes these applications carefully to prevent fraud. Applicants should prepare for a rigorous review process and potential requests for additional evidence.

Processing times can vary widely depending on USCIS workload and the complexity of individual cases. It’s important to stay informed about current processing times and respond promptly to any USCIS requests to avoid delays.

As we move forward to discuss the required documents and forms for the marriage-based adjustment of status process, it’s essential to understand the importance of thorough preparation and attention to detail in your application.

Essential Documents for Marriage-Based Adjustment of Status

Form I-485: The Foundation of Your Application

Form I-485 (Application to Register Permanent Residence or Adjust Status) serves as the cornerstone of your adjustment process. This extensive form collects detailed information about your background, immigration history, and eligibility for permanent residency. USCIS scrutinizes every section, so accuracy is paramount. Common pitfalls include inconsistencies with previous immigration documents and omissions of past addresses or employment history. You should review the form multiple times and cross-reference with your personal records to ensure completeness. As of May 2025, the processing time for I-485 adjustment of status after marriage is an average of 15.5 months, and the filing cost is $1,440.

Form I-130: Establishing Your Relationship

The U.S. citizen or permanent resident spouse must file Form I-130 (Petition for Alien Relative) to establish the qualifying relationship. This form requires evidence of the petitioner’s status and proof of a bona fide marriage. Recent USCIS data shows that incomplete I-130 forms cause processing delays for up to 30% of applications. To avoid this, include a robust collection of joint financial documents, shared lease agreements, and photographs spanning the duration of your relationship.

Critical Supporting Documents

Beyond the primary forms, you’ll need to submit various supporting documents. These typically include:

1. Marriage certificate
2. Birth certificates for both spouses
3. Passport copies and I-94 records
4. Divorce or death certificates from previous marriages (if applicable)
5. Police clearances from countries where you’ve lived

A common oversight involves the submission of poor-quality copies or untranslated foreign documents. USCIS requires clear, legible copies and certified translations for all non-English documents. In 2024, USCIS reported that 15% of applications faced delays due to inadequate document submissions.

Financial Stability: Form I-864

Form I-864 (Affidavit of Support) demonstrates the U.S. citizen or permanent resident spouse’s ability to financially support the immigrant spouse. This form requires recent tax returns, W-2 forms, and proof of assets if income doesn’t meet the threshold. The 2025 poverty guidelines set the minimum required income at 125% of the federal poverty level for the household size. To see if you are above the poverty level, refer to Form I-864P, HHS Poverty Guidelines for Affidavit of Support.

Preparing Your Document Package

The collection of these documents can take time, but thorough preparation significantly increases your chances of a smooth application process. Meticulous document preparation can expedite USCIS processing times and reduce the likelihood of Requests for Evidence. As you move forward with gathering your documents, consider how each piece contributes to the overall strength of your application. The next step in the process involves submitting your carefully prepared package to USCIS and navigating the subsequent stages of the application process.

Navigating the USCIS Application Process

Submitting Your Application Package

The marriage-based adjustment of status application initiates a complex journey through the U.S. immigration system. USCIS reports historical national median processing times for various forms by fiscal year, from 2020 to 2025 (up to February 28, 2025). Individual circumstances and USCIS workload can affect this timeline.

To submit your application package, mail all necessary documents to the appropriate USCIS lockbox facility. Check the current filing instructions on the USCIS website before sending your application to avoid issues.

Include a cover letter that lists all forms and supporting documents in your package. This step can help USCIS process your application more efficiently and reduce the risk of misplaced documents. Make copies of everything you send for your records.

The Biometrics Appointment

USCIS will send a notice for a biometrics appointment within 3-5 weeks after receiving your application. This step involves fingerprinting and photographing for background checks. Failure to attend this appointment can result in application denial, so prioritize this date.

The appointment typically lasts about 20 minutes. USCIS staff will collect your biometric data. Bring your appointment notice and a valid government-issued photo ID. While some applicants feel nervous about this step, it’s a routine part of the process that verifies your identity and ensures public safety.

Preparing for the Interview

The interview often causes the most stress in the adjustment of status process. USCIS uses this opportunity to verify the information in your application and assess the authenticity of your marriage. Thorough preparation increases your chances of success.

Review your application before the interview. USCIS officers often ask questions based on the information you provided. Any inconsistencies can raise red flags. Practice answering potential questions with your spouse, focusing on how you met, your shared experiences, and future plans.

Bring original copies of all documents submitted with your application, plus any new evidence of your shared life since filing (e.g., recent joint bank statements, utility bills, or photos from family events). USCIS officers appreciate ongoing evidence of a genuine marital relationship.

Interview Day

On the day of your interview, arrive early and dress professionally. The interview typically lasts 20-30 minutes. The USCIS officer will review your application, ask questions about your relationship, and may request additional documents.

Answer questions honestly and concisely. If you don’t understand a question, ask for clarification. The officer may separate you and your spouse to ask individual questions. This is a standard procedure to verify the authenticity of your marriage.

Post-Interview Process

After the interview, USCIS will make a decision on your case. They may approve your application immediately, request additional evidence, or take more time to review your case. If approved, you’ll receive your green card in the mail within a few weeks.

USCIS provides performance data on all application and petition form types submitted for adjudication. Thorough preparation and honest representation of your relationship significantly increase your chances of a positive outcome.

Final Thoughts

The marriage-based adjustment of status process requires meticulous preparation and attention to detail. Each step, from document gathering to the USCIS interview, plays a vital role in securing your future in the United States. Professional legal assistance proves invaluable due to the complexities of immigration law and the potential consequences of application errors.

At Law Offices of Jeffrey A. Thompson, we specialize in guiding couples through the marriage-based adjustment of status process. Our team stays current with the latest USCIS policies and procedures, providing personalized guidance from initial consultation to final approval. We help you gather compelling evidence, prepare for the USCIS interview, and address potential issues that may arise during the process.

The marriage-based adjustment of status journey can challenge couples, but thousands successfully navigate it each year. With the right preparation and support, you can join those who have built their lives together in America. Trust in our expertise to guide you through this important journey, ensuring your love story continues on American soil.