I. What Is Marriage-Based Adjustment of Status?

If you're married to a U.S. citizen or lawful permanent resident and are already lawfully present in the United States, Adjustment of Status (AOS) may allow you to apply for a Green Card without leaving the country. Adjustment of Status is the process of becoming a lawful permanent resident while remaining in the U.S. by filing Form I-485, Application to Register Permanent Residence or Adjust Status as outlined in INA § 245(a) and 8 C.F.R. § 245.1.

Eligibility for marriage-based Adjustment of Status is not based on nationality. Citizens of any country may qualify if they meet the statutory requirements, including having a qualifying relationship with a U.S. citizen or lawful permanent resident, being eligible to adjust status, and being admissible to the United States. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) generally have immigrant visas immediately available, while spouses of lawful permanent residents must wait until a visa number becomes available under the Department of State's Visa Bulletin.

Marriage alone does not automatically qualify someone for a Green Card. The applicant must establish that the marriage is legally valid, entered into in good faith (not solely for immigration benefits), and that they are otherwise admissible to the United States. Most spouses of U.S. citizens may file Form I-130 and Form I-485 concurrently if eligible, while spouses of lawful permanent residents generally must wait until their priority date is current. Eligible applicants may also apply for employment authorization (Form I-765) and advance parole (Form I-131) while the adjustment application is pending. 

Several alternatives may be available if you are not eligible for Adjustment of Status depending on your circumstances. If you are outside the United States or cannot adjust status, you may qualify for consular processing through a U.S. embassy or consulate after an approved immigrant petition. Others may qualify for a K-1 fiancé(e) visa before marriage, pursue a waiver of inadmissibility if available, or explore other family- or employment-based immigration options. The best pathway depends on your immigration history and individual facts, making legal guidance especially important before filing.

Applicants should also be prepared to provide substantial evidence of a bona fide marriage, such as joint financial records, shared residence documents, insurance policies, tax returns, photographs, and other evidence showing a genuine marital relationship. If permanent residence is granted before the second wedding anniversary, the applicant generally receives conditional permanent residence and must later file Form I-751 to remove the conditions. ​

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II. Marriage-Based Adjustment of Status & Interview Requirements

Navigating a marriage-based Adjustment of Status under INA § 245, the Code of Federal Regulations (8 C.F.R. § 245), and the USCIS Policy Manual, Volume 7 requires careful preparation. Under the May 2026 USCIS discretionary updates, marriage-based cases may receive closer review for potential fraud. Santamaria Law Firm carefully prepares every family petition from the ground up to ensure structural consistency, protecting clients from entry to the final interview.

1. How Did You Enter The US? Here Is What USCIS Checks — INA § 245(a)

To adjust status within the United States, the foreign spouse must demonstrate they were inspected and admitted or paroled. This data is verified using federal regulatory tracking databases accessible via the official USCIS I-94 Travel History portal. While immediate relatives of U.S. citizens are exempted from certain visa overstay penalties, any undisclosed historical status anomalies can lead to devastating misrepresentation findings. 

2. How To Prove Your Marriage Is Real To USCIS? — 8 C.F.R. § 204.2(a)

A key part of a marriage-based AOS application is showing that marriage was entered into in good faith and not solely for immigration purposes. Under the May 2026 USCIS  policy updates, it is important to provide complete and consistent evidence to support the application. Couples should provide strong documentation of their shared life using verifiable primary records. We help clients to organize and present strong and authentic evidence to support their preparation as per the standards governing USCIS Form I-130 Petitions.

3. Can You Financially Support Your Spouse? — INA § 212(a)(4)

The petitioning spouse must demonstrate the financial capacity to support the foreign spouse at or above 125% of the Federal Poverty Guidelines. This requirement involves executing a legally binding contract with the U.S. government via the USCIS Form I-864 Affidavit of Support. If the primary sponsor’s income falls short under the current USCIS Poverty Guidelines (Form I-864P), our firm coordinates with qualified joint sponsors to satisfy complex asset-based calculations, eliminating the risk of sudden Requests for Evidence (RFEs) or administrative delays.

4. Background Checks & Medical Exam: What To Expect — 8 C.F.R. § 245.1

Every applicant must clear strict criminal, national security, and public health checks. This step requires completing a biometric security screening and undergoing a comprehensive medical examination administered by a designated civil surgeon, documented via the USCIS Form I-693 Report of Medical Examination and Vaccination Record. Any underlying grounds of inadmissibility are met by our firm with advanced waiver strategies to safeguard family unity.

5. Your Final Interview: What Officers Are Really Looking For— 8 C.F.R. § 245.6

The final hurdle to permanent residency is the mandatory adjustment of status interview. Local field offices, including the San Francisco and San Jose locations, have intensified their scrutiny of marriage intent under the updated 2026 guidelines. Adjudicators look for discrepancies in separate timelines, domestic routines, and financial management. USCIS Interview and Discretion Guidelines.

At Santamaria Law Firm, we do not simply rely on standard preparation checklists. We offer mock interviews to help you prepare for the interview based on our 13+ years of experience helping various adjustment of status clients. We have created evidence checklists based on what officers have specifically asked our clients over the years. 

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