What Is The Eligibility For 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.
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.
