Lawyers Seeking Adjustment Of Status For Spouses Of U.S. Citizens Or Green Card Holders Who Are Physically In The United States
If a person is in the United States on a nonimmigrant visa and has married a U.S. citizen or lawful permanent resident, they might be able to obtain a marriage-based green card without leaving the country through Adjustment of Status.
This process generally involves filing a Form I‑130 and a Form I‑485. Spouses married to U.S. citizens typically experience shorter processing times compared to spouses of legal permanent residents. Additionally, in many cases, the U.S.-based spouse can also petition for minor children.
In Situations Like This, Experience Counts
There is nothing more important than the person you love. When it comes to green cards, you need attorneys with experience. Our team has more than 25 collective years practicing immigration law. There is no replacement for the knowledge, intuition and skill that these decades bring us. When you work with us, you have the reassurance that we have handled numerous cases with details similar to yours. We know how to expedite solutions, complete documents efficiently and avoid challenges.
The Timeline For Your Adjustment Of Status
The Adjustment of Status (I-485) process can feel long, but understanding each stage helps manage expectations. While timelines vary based on USCIS caseloads, field office location and individual circumstances, most cases take 10 to 14 months from start to finish. Working with an experienced Adjustment of Status attorney helps ensure each step is completed accurately, reducing delays.
This is what to expect:
Month 1
We prepare and file your I-485 and related forms with precision. Accurate documentation is crucial to avoid requests for evidence (RFEs) that can extend your timeline.
Months 2–3
You will receive official USCIS receipt notices and an appointment for fingerprints and a photo at your local USCIS office. These steps verify your identity and begin the formal processing of your application.
Months 6–9
Many applicants receive their Employment Authorization Document (EAD) and Advance Parole combo card during this period. This allows you to work and travel legally while your green card application is pending.
Months 10–14
If required, the USCIS interview takes place at your local field office. Because preparation is key, we provide guidance and mock sessions so you can approach your interview confidently. Successful interviews often lead directly to green card approval.
Approx. 10-14 Months
Fok Immigration Law. Your In-House Immigration Councel.
Every stage carries importance. Missing deadlines or submitting incomplete forms can create months of delay. That is why having an adjustment of status lawyer guide your case helps ensure smoother processing and peace of mind.
The Advantages Of Concurrent Filing
Concurrent filing allows applicants to submit I-130 (Petition for Alien Relative) and I-485 (Adjustment of Status) at the same time. This approach offers several benefits:
- Immediate access to interim benefits: Applicants can apply for work authorization and travel permission while waiting for final approval.
- Streamlined processing: Filing concurrently can shorten overall wait times by aligning petition and status adjustment processes.
- Reduced administrative back-and-forth: Fewer separate filings mean less risk of delays or missing notices from USCIS.
Filing concurrently enables applicants to maximize efficiency and maintain legal flexibility. Our experienced immigration attorney can help ensure all forms are completed correctly, increasing the likelihood of timely approval and uninterrupted benefits.
Common Questions And Answers About Marriage-Based Green Cards Within The U.S.
What are the requirements for applying for a marriage-based green card?
To qualify, the U.S. citizen or green card holder must file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. Both spouses must provide proof of a bona fide marriage, such as joint bank account statements, lease agreements and photos together. Additionally, the marriage must be legal under U.S. law.
What evidence do I need to demonstrate that our marriage is bona fide?
You should submit documents that show you share a life together, such as joint financial statements, insurance policies, property deeds, and photographs of your wedding and other significant events. Correspondence and affidavits from friends and relatives can also support your application.
After filing, how soon will the interview take place?
Once USCIS approves your Form I-130, they will schedule an interview. The timing can vary significantly depending on the caseload of your local USCIS office.
Are there financial requirements for the U.S. citizen spouse?
Yes. The U.S. citizen sponsor must file Form I‑864 and demonstrate income of at least 125% – or one and a quarter times – the HHS Federal Poverty Guideline for the sponsor’s household size.
What if the U.S. citizen’s income is insufficient?
If the U.S. citizen doesn’t meet the income requirements, assets may be used as an alternative, or a joint sponsor who meets the income criteria may submit an Affidavit of Support on behalf of the beneficiary.
What additional forms are involved in the process?
If applicable, Form I-765 for work authorization and Form I-131 for a travel document may also be filed concurrently.
Can the minor children of my spouse immigrate as well?
Yes, minor children can be included in the green card application. They need to apply for admission under the IR-7 visa category.
What happens if the marriage ends before obtaining permanent residence?
If the marriage ends due to divorce or annulment before adjusting status, the foreign spouse may lose eligibility to adjust status based on that marriage. However, exceptions exist, such as the provisions under the Violence Against Women Act (VAWA) for abused spouses.
How long after receiving my green card can I apply for U.S. citizenship?
You can apply for naturalization three years after obtaining your green card, provided you stay married and live with your U.S. citizen spouse, and meet all other eligibility requirements.
We Can Answer Your Family Immigration Questions
At Fok Immigration Law, we have extensive experience helping families unite here in the U.S. by guiding our clients through the complexities of the U.S. immigration system. If you have any questions about the marriage-based green card process, please contact our San Jose office at 408-212-7014 or our San Mateo office at 650-546-7020. You can also reach out to our California immigration attorneys online.