If your spouse is already living in the U.S., adjustment of status is a path to a marriage-based green card. The process begins with a petition filed in the U.S. It is designed to help your spouse apply for lawful permanent resident status from within the country.
Do I Qualify?
U.S. Citizen or Lawful Permanent Resident
You must be a U.S. citizen or green card holder.
Spouse Present in the U.S.
Your spouse must currently be physically present in the U.S.
Bona Fide, Legal Marriage
You must be legally married and able to demonstrate that your marriage is genuine.
Financial Sponsorship
You must demonstrate the ability to financially support your spouse.
Spouse Must Be Admissible
The foreign spouse must be admissible under U.S. immigration law.
Spouse's Lawful Entry
Your spouse generally must have been lawfully inspected and admitted or paroled into the U.S.
Documents to Gather
Proof of U.S. Citizenship or Permanent Residence
Valid U.S. passport, U.S. birth certificate, naturalization certificate, certificate of citizenship, Consular Report of Birth Abroad (CRBA), or a copy of your green card.
Marriage and Civil Documents
Government-issued marriage certificate for your current marriage and birth certificates. If either spouse was previously married, you must provide documentation for every prior marriage.
Proof of Bona Fide Marriage
Joint bank account statements, joint lease or mortgage documents, utility bills in both names, health or life insurance policies listing your spouse, travel records showing time spent together, and photographs documenting your relationship over time.
Financial Documents
Most recent federal tax returns, W-2s or 1099s, recent pay stubs, bank statements, and a letter of employment.
Spouse's Entry Documents
Provide your spouse's passport with admission stamp, Form I-94 arrival/departure record, and copies of any prior visa, USCIS approval notices, receipt notices, employment authorization documents (EADs), advance parole documents, or immigration documents or correspondence.
Additional Documents May be Required
Legal name change documents, prior immigration records, police and court records, affidavits from family or friends, certified English translations, and communication records supporting the relationship.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The adjustment of status process involves multiple steps and required documentation. The process typically begins with an initial consultation.
File Form I-130 and I-485 With USCIS
Spouses of U.S. citizens are generally eligible to file Forms I-130 and I-485 together. If the sponsoring spouse is a lawful permanent resident (LPR), additional wait times may apply due to visa availability and processing backlogs. There are several factors that can impact the duration of your timeline. USCIS processing times vary and are subject to change. For the most current information, review USCIS Case Processing Times.
Biometrics Appointment
USCIS schedules a biometrics appointment to collect fingerprints, a photo, and a signature.
Case Processing
USCIS reviews the petition and application, and may issue a Request for Evidence if additional documentation is needed.
Interview Notice
USCIS schedules an in-person interview at the field office with jurisdiction over your residence.
Interview Preparation
Before the interview, we review your documents and discuss the interview process.
Interview and Decision
You and your spouse attend the interview together. If approved, the green card is mailed by USCIS.
Complex Case Factors
Prior Immigration Violations
Unlawful presence in the U.S., prior deportations or removals, or previous visa overstays.
Criminal History
Certain criminal convictions can affect eligibility or trigger additional scrutiny.
Discretionary Review
Meeting the requirements is no longer enough — USCIS may consider additional discretionary factors during review.
Disclaimer & Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Visiting this site, submitting a contact form, or contacting the Law Office of Ashley Weston does not create an attorney-client relationship. An attorney-client relationship is only established through a written, signed retainer agreement.
The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
All legal matters are fact-specific, and prior testimonials or results do not guarantee a similar outcome. This website constitutes attorney advertising under California Rules of Professional Conduct and applicable rules in other jurisdictions. Attorney responsible for this advertisement: Ashley Weston, Esq., Sacramento, California.