What is a Marriage Green Card through Adjustment of Status?
A Marriage Green Card through Adjustment of Status (AOS) allows spouses of U.S. citizens or permanent residents, who are already in the United States, to apply for lawful permanent residency without leaving the country.
This process is essential for those who have entered the U.S. on a temporary visa and wish to remain with their spouse permanently. In this blog, we will dive into what AOS is, its requirements, and the steps to apply, with a focus on SEO-optimized information to help you better understand and navigate the process.
What is Adjustment of Status (AOS)?
The Adjustment of Status (AOS) process enables foreign nationals who are already present in the U.S. on a temporary visa or under lawful entry to “adjust” their immigration status to that of a permanent resident (Green Card holder) without having to return to their home country for visa processing. It’s a popular option for spouses of U.S. citizens or Green Card holders, as it allows them to remain in the U.S. while their application is being processed.
Eligibility for Marriage Green Card through Adjustment of Status
To qualify for Marriage Green Card through Adjustment of Status, the foreign spouse must meet certain criteria:
Lawful Entry: The applicant must have entered the U.S. legally, meaning through a valid visa or other lawful admission.
Marriage to a U.S. Citizen or Permanent Resident: The marriage must be valid and legally recognized. In cases of marriage to a U.S. citizen, the spouse is considered an “immediate relative,” making the process faster.
No Grounds of Inadmissibility: The foreign spouse must not be subject to any grounds of inadmissibility, such as previous immigration violations, certain criminal convictions, or health-related issues. In some cases, waivers may be available for these grounds.
Steps to Apply for Marriage Green Card through Adjustment of Status
The AOS process requires submitting several forms and documents to the U.S. Citizenship and Immigration Services (USCIS). Below are the primary steps involved:
File Form I-130: The U.S. citizen or permanent resident spouse must first file Form I-130, Petition for Alien Relative, to establish the qualifying relationship.
File Form I-485: The foreign spouse files Form I-485, Application to Adjust Status, either concurrently with the I-130 or after its approval, depending on the situation.
Attend Biometrics Appointment: After filing, the applicant will receive a notice to attend a biometrics appointment to provide fingerprints, photos, and a signature.
Attend Interview: Most applicants will be required to attend a USCIS interview with their spouse to verify the legitimacy of the marriage.
Receive Decision: If the application is approved, the foreign spouse will receive their Marriage Green Card, granting permanent residency.
Benefits of Adjustment of Status
Stay in the U.S.: One of the biggest advantages of AOS is that the foreign spouse can stay in the U.S. while their application is being processed, avoiding the need to leave the country for consular processing.
Work Authorization: While the AOS application is pending, applicants can apply for work authorization (Form I-765) and travel authorization (Form I-131), allowing them to work legally and travel abroad without abandoning their application.
Concurrent Filing: For spouses of U.S. citizens, Form I-130 and Form I-485 can be filed concurrently, speeding up the overall process.
Processing Time for Marriage Green Card through AOS
The processing time for AOS applications varies depending on several factors, including the applicant’s location and the current USCIS workload. On average, the process can take between 10-14 months. It’s important to check the USCIS processing times page for the most up-to-date information.
The Marriage Green Card through Adjustment of Status is an essential pathway for foreign spouses already in the U.S. to gain lawful permanent residency. By understanding the eligibility requirements, steps, and benefits, you can better navigate the process. If you have any questions or need assistance with your application, we recommend consulting with an experienced immigration attorney.
For more information on the Adjustment of Status process and other immigration resources, visit our Immigration Resources page.
