Adjustment of Status Based on Marriage to a United States Citizen
Congratulations! You’ve recently tied the knot, and now you’re married to a United States citizen.
This is a big deal and can confer upon you a huge advantage because you now have a path to becoming a lawful permanent resident (“LPR”) of the United States—all without having to return to your home county.
This process is called “adjustment of status.”
Who is Eligible for Adjustment of Status by Marriage?
If you're legally married to a U.S. citizen, you’re in luck — you’re considered an “immediate relative” of your U.S.-citizen spouse. This means you can apply to be a lawful permanent resident even if you’re here on a different visa, and even if you’ve overstayed your visa.
The Main Steps to Adjust your Status Through Marriage to a U.S. Citizen
1. Prepare and File the Relevant USCIS Forms
We recommend you and your spouse file the following USCIS forms:
I-130: Petition for Immediate Relative
I-130a: Supplemental Information for Spouse Beneficiary
I-485: Application to Adjust Status (the “Green Card” application)
I-693: Report of Immigration Medical Examination and Vaccination Record
I-864: Affidavit of Support (to show your spouse can financially support you)
I-765: Application for Employment Authorization Eligibility
I-131: Application for Advance Parole (so you can travel in and out of the country without abandoning your green card application)
You’ll also need to include supporting documents in your application packet. The specific documents your U.S.-citizen spouse will need to provide are:
A copy of their passport and/or birth certificate
Your most recent complete tax return, including W-2s and/or 1099s
A copy of any divorce decrees (if applicable)
Two identical passport photos
The documents you will need to provide are:
A copy of your passport and visa
A copy of your birth certificate (with a certified translation if your birth certificate is in a language other than English)
Your most recent I-94 (you can find it here)
Your marriage certificate (with a certified translation, if needed)
Two identical passport photos
At Shillig Law, we also encourage those applying for adjustment of status based on marriage to provide documents that show you and your spouse are in a bona fide (i.e., legitimate) marriage.
These might include:
Joint lease agreement
Joint mortgage statement
Joint insurance documents (medical, auto, homeowners)
Shared bank account information
Shared cell phone bill
Shared internet bill
Birth certificates of children (with both of your names on the birth certificate)
Affidavits (a fancy name for sworn statements) from people who can attest to your relationship history
Photos documenting your relationship
Last but not least, we encourage our applicants to go on a date to write your love story. You might include information about how you met, what you love about each other, your proposal and engagement, and your wedding. Make it personal, and most importantly, have fun and use this time to remember what brought you and your spouse together in the first place!
2. Biometrics Appointment
Several weeks after submitting your application you’ll get a notice for biometrics appointment for your photo and fingerprints.
3. Green Card Interview
This interview is the chance for you and your spouse to prove that your marriage is real and share your love story! It is also a time where the USCIS officer in charge of processing your case will ask the immigrant about their most recent entry into the United States and what their intention was when they arrived to the U.S.
4. Receive Your Green Card
If all goes well, you’ll have your green card within 60 days of the interview!
Conclusion
Adjustment of Status is an excellent way to stay in the U.S. and get your green card if you’re married to a U.S. citizen. The process might seem overwhelming, but at Shillig Law, our team of passionate and experienced attorneys are here to help you every step of the way. We would be honored to be part of you and your spouse’s journey toward happily ever after!