Navigating Adjustment of Status for Spouses Already in the US

When your spouse is already in the United States, applying for a Green Card through Adjustment of Status (AOS) offers a valuable path to stay together without the need to leave the country. This process allows eligible spouses of U.S. citizens or lawful permanent residents to apply for permanent residency while remaining in the U.S. Understanding how AOS works, the requirements, and the steps involved can make this journey smoother and less stressful.

Couple reviewing immigration paperwork at home

What is Adjustment of Status for Spouses?

Adjustment of Status is a process that lets an eligible individual already in the U.S. apply for lawful permanent resident status without leaving the country. For spouses, this means they can apply for a Green Card based on their marriage to a U.S. citizen or permanent resident.

This process is especially helpful because it avoids the need for consular processing abroad, which can be costly, time-consuming, and emotionally difficult due to separation.

Who Qualifies for Adjustment of Status?

To qualify for AOS as a spouse, several conditions must be met:

• The spouse must be physically present in the U.S.

• The marriage must be legally valid and bona fide (genuine).

• The petitioner must be a U.S. citizen or lawful permanent resident.

• The spouse must be eligible to receive an immigrant visa.

• The spouse must have entered the U.S. legally or be eligible to adjust status despite any previous immigration violations.

  
  

For example, if your spouse entered the U.S. on a valid visa and married you, a U.S. citizen, they likely qualify for AOS. Even if they overstayed a visa, some exceptions may apply, but consulting an immigration expert is crucial.

Key Forms and Documents Required

The AOS process involves submitting several forms and supporting documents:

• Form I-130 (Petition for Alien Relative): Filed by the U.S. citizen or permanent resident spouse to establish the relationship.

• Form I-485 (Application to Register Permanent Residence or Adjust Status): Filed by the spouse seeking the Green Card.

• Form I-864 (Affidavit of Support): Demonstrates the petitioner’s ability to financially support the spouse.

• Form I-765 (Application for Employment Authorization): Optional, allows the spouse to work while the application is pending.

• Form I-131 (Application for Travel Document): Optional, allows travel outside the U.S. while the application is pending.

• Supporting documents such as marriage certificates, proof of bona fide marriage (photos, joint leases, bank accounts), birth certificates, and passport copies.

  
  

Submitting a complete and accurate application package is essential to avoid delays or denials.

Step-by-Step Process of Adjustment of Status

1. File Form I-130

   The U.S. citizen or permanent resident spouse files Form I-130 with USCIS to prove the marriage relationship.

   
   

1. Wait for USCIS Receipt and Processing

   USCIS will send a receipt notice and may request additional evidence.

   
   

2. File Form I-485

   Once the I-130 is approved or concurrently with it (if eligible), the spouse files Form I-485 to adjust status.

   
   

1. Attend Biometrics Appointment

   The spouse will receive a notice to provide fingerprints, photos, and signature.

   
   

2. Attend the Green Card Interview

   USCIS schedules an interview to verify the marriage and eligibility.

   
   

1. Receive Decision

   USCIS will approve or deny the application. If approved, the spouse receives a Green Card.

   
   

Common Challenges and How to Overcome Them

• Proving a Genuine Marriage

USCIS carefully reviews evidence to confirm the marriage is not for immigration purposes only. Keep detailed records such as joint bank statements, photos together, lease agreements, and affidavits from friends or family.

• Maintaining Legal Status During the Process

If the spouse’s current visa expires during processing, applying for employment authorization or advance parole can help maintain lawful presence.

• Dealing with Requests for Evidence (RFEs)

Respond promptly and thoroughly to any USCIS requests to avoid delays.

• Handling Prior Immigration Violations

Some violations may complicate eligibility. Consulting an immigration attorney can clarify options.

Benefits of Adjustment of Status for Spouses

• No Need to Leave the U.S.

Avoids the risk and hardship of consular processing abroad.

• Ability to Work and Travel

With approved work and travel permits, spouses can maintain employment and travel while waiting.

• Path to Permanent Residency and Citizenship

After receiving the Green Card, spouses can eventually apply for U.S. citizenship.

How Professional Help Can Make a Difference

Navigating immigration paperwork and procedures can be overwhelming. Working with experienced professionals ensures:

• Proper preparation and filing of all forms.

• Guidance through interviews and requests.

• Strategies to handle complex situations.

• Peace of mind knowing your case is handled correctly.

  
  

If your spouse is already in the U.S. and you want to start the Adjustment of Status process, expert assistance can help you stay together and move forward confidently.

If you want to learn more or begin your spouse’s Adjustment of Status application, call to book a consultation at +1 (201) 541-3830 or email joseph.raia@immigrate-law.com. We will guide you through every step and help keep your family united during the Green Card process.