Best 3 Questions to Ask Before Filing Marriage AOS Without Leaving the United States in 2026

At Santamaria Law Firm, we understand that filing for Adjustment of Status based on marriage can provide an important pathway for an eligible foreign national to seek permanent residence without leaving the United States. However, marriage alone does not automatically establish eligibility to adjust status. Before filing Form I-130 and Form I-485, couples should carefully evaluate the immigrant spouse’s immigration history, manner of entry, current status, and the circumstances surrounding the marriage. In 2026, a careful pre-filing assessment can help identify potential problems before they become more difficult to address during the adjustment process. 

Was the Immigrant Spouse Lawfully Inspected and Admitted or Paroled Into the United States?

The first question concerns how the immigrant spouse entered the United States. For many immediate relatives of U.S. citizens, lawful inspection and admission or parole is an important part of establishing eligibility for adjustment of status under INA § 245(a). Evidence may include an admission stamp, electronic Form I-94, visa records, parole documentation, or other government records showing the manner of entry.

This issue deserves particular attention when the immigrant spouse entered using a temporary visa such as a visitor, student, or employment visa. The fact that someone later married a U.S. citizen does not by itself erase problems associated with an unlawful entry. Similarly, individuals who entered without inspection may require a different immigration strategy and should not assume that marriage automatically permits adjustment from within the United States. Couples should therefore confirm the immigrant spouse’s admission or parole history before preparing the I-485 package. A review of prior immigration applications, I-94 records, visas, and previous encounters with immigration authorities can help establish whether the basic adjustment framework applies.

Does the Immigrant Spouse Have Any Immigration or Admissibility Problems?

The second question is whether the immigrant spouse has a history that could affect adjustment of status. Overstaying a visa, unauthorized employment, previous removal proceedings, immigration fraud or misrepresentation, certain criminal convictions, prior immigration violations, or other inadmissibility issues can significantly change how a marriage-based AOS case should be prepared. Some immigration violations may be forgiven for certain immediate relatives of U.S. citizens, while other issues may require a waiver or create more complicated legal consequences. The answer can also depend on whether the applicant previously entered the United States lawfully, whether there was a prior removal order, or whether the person made inaccurate statements to a government official.

Applicants should therefore avoid assuming that a clean-looking marriage automatically produces a straightforward green card case. The complete immigration history should be reviewed before filing, including prior visas, applications, entries, departures, employment history, notices from immigration authorities, and interactions with U.S. government agencies. A careful review can also help determine whether additional forms, explanations, or supporting evidence should accompany the adjustment application.

Can We Demonstrate That Our Marriage Is Genuine and Not Solely for Immigration Benefits?

The third question concerns the bona fide nature of marriage. USCIS may examine whether the couple entered the marriage as a genuine marital relationship rather than solely to obtain an immigration benefit. Couples should preserve evidence that reflects their actual shared life. Depending on their circumstances, this may include joint financial accounts, a shared lease or mortgage, insurance policies, utility records, photographs, travel records, correspondence, beneficiary designations, tax documents, and evidence of significant events experienced together.

Not every married couple will have the same evidence. Newly married couples, couples living apart because of work, and couples who maintain separate finances may have legitimate reasons for having fewer traditional documents. What matters is that the evidence accurately reflects the relationship and that the couple can explain their circumstances consistently. Preparation should also extend to the marriage interview when one is scheduled. Couples should understand the history of their relationship, important dates, living arrangements, family relationships, and significant shared experiences without attempting to memorize artificial answers.

Why Trust Santamaria Law Firm With Your Marriage AOS Case?

At Santamaria Law Firm, we approach marriage-based Adjustment of Status as an evidence-driven immigration process. Before filing, we examine the immigrant spouse’s entry history, immigration record, admissibility concerns, marriage history, and available evidence of a bona fide relationship. Our goal is to identify potential issues early and develop a filing strategy that presents the couple’s circumstances accurately and coherently. Whether the case involves an uncomplicated adjustment or more complicated immigration history, careful preparation can help couples understand their options before submitting the application.

Legal Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.