Immigration 101
Adjustment of Status (AOS) is the process that allows certain foreign spouses of U.S. citizens or lawful permanent residents to apply for a green card without leaving the U.S. Here’s a simple breakdown of the AOS process.
Legal Entry: The foreign spouse must have entered the U.S. legally.
Marriage: The couple must be legally married.
Visa Availability: Immediate relatives (spouses of U.S. citizens) don’t have to wait, but spouses of lawful permanent residents may face waiting periods.
Form I-130: Filed by the U.S. spouse to confirm the marital relationship.
Form I-485: The primary application for AOS, submitted by the foreign spouse.
Form I-864: Affidavit of Support to show the U.S. spouse can financially support the applicant.
Form I-693: Medical examination form completed by an authorized doctor.
Form I-765 and I-131: Optional forms for work and travel permits while waiting.
File Forms: File Form I-130 and Form I-485 (often together) with USCIS.
Biometrics: Attend an appointment to submit fingerprints and photos for background checks.
Interview: Both spouses usually attend an interview to confirm the marriage’s authenticity.
Processing typically takes 8–14 months, depending on case complexity.
Filing fees are generally around $2,115 when filing both forms together.
Be thorough when completing forms and submitting documents to avoid delays.
Provide strong evidence of a genuine marriage, including joint financial records, photos, and shared leases.
Attend all appointments and respond promptly to any USCIS requests for additional information.
The AOS process requires detailed preparation, but by following each step, eligible applicants can secure their green card without leaving the U.S. Staying organized and proactive can help make the process go as smoothly as possible.
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Adjustment of Status 101:
A Step-by-Step Guide to Becoming a Permanent Resident in the U.S.
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Adjustment of Status (AOS) is a process that allows eligible individuals already in the United States to apply for a green card (lawful permanent residence) without having to return to their home country. This path is common for marriage-based green card applicants who entered the U.S. legally and are married to U.S. citizens or lawful permanent residents. In this guide, we’ll explore eligibility requirements, key forms, the step-by-step AOS process, and frequently asked questions.
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) is a pathway to becoming a lawful permanent resident that can be completed entirely from within the United States. Unlike consular processing, which requires an interview abroad, AOS allows applicants to stay in the U.S. while their application is processed. This process is particularly beneficial for spouses of U.S. citizens, as they can file their application without waiting for visa availability.
Who is Eligible for Adjustment of Status?
To qualify for adjustment of status, applicants must meet several specific requirements:
Lawful Entry: A key eligibility factor for AOS is that the applicant must have entered the United States legally. This means they were inspected and admitted or paroled by a U.S. immigration officer (typically through a visa or visa waiver program).
Marital Relationship: For marriage-based AOS, the applicant must be legally married to a U.S. citizen or lawful permanent resident, and the marriage must be bona fide (genuine). Evidence of a genuine marriage includes documents such as joint leases, bank accounts, and photographs of the couple together.
Availability of a Visa Number: Spouses of U.S. citizens are considered immediate relatives, which means there are no caps or limits on the number of visas available in this category. For spouses of lawful permanent residents, a visa number must be available in the family preference category before they can file for AOS.
No Major Immigration Violations: While some past immigration violations or criminal history may not bar applicants from AOS, others can render them ineligible. Individuals with certain criminal convictions, visa overstays, or other violations may require waivers or alternative solutions.
Required Forms for Adjustment of Status
Applicants must complete and submit various forms as part of the AOS process:
Form I-130 (Petition for Alien Relative): The U.S. citizen or permanent resident spouse files this form to establish the qualifying relationship and the applicant’s eligibility for a green card through marriage. Supporting documents, such as a marriage certificate, must accompany this form.
Form I-485 (Application to Register Permanent Residence or Adjust Status): This is the primary application for adjusting to lawful permanent resident status. For spouses of U.S. citizens, the I-130 and I-485 can be filed together to expedite processing (known as concurrent filing).
Form I-864 (Affidavit of Support): The U.S. citizen or lawful permanent resident spouse must complete this form to demonstrate they have sufficient financial means to support the foreign spouse. Evidence of income, such as tax returns or pay stubs, is required.
Form I-693 (Medical Examination and Vaccination Record): A medical exam, conducted by an authorized U.S. physician, is necessary to ensure the applicant meets U.S. health standards.
Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document): If filed with the I-485, these forms allow the applicant to work and travel while their application is pending. These are often called an Employment Authorization Document (EAD) and Advance Parole, respectively.
Step-by-Step Process for Adjustment of Status
Here’s a detailed overview of each step in the AOS process:
Step 1: Gather Documentation and Prepare Forms
The first step in the AOS process is to gather necessary documents and complete the required forms. Key documents include:
Proof of legal entry (passport and I-94 record)
Marriage certificate
Evidence of bona fide marriage (e.g., joint leases, bank statements)
Financial documents for the Affidavit of Support
Complete and review the forms carefully to avoid errors that could lead to delays.
Step 2: File Forms with USCIS
For marriage-based AOS applicants married to U.S. citizens, Forms I-130 and I-485 can be filed together, which is known as concurrent filing. This can save time, as USCIS processes both forms simultaneously. The forms should be mailed to the appropriate USCIS address, and applicants should include all supporting documents and filing fees (typically around $1,225 for the I-485).
Step 3: Attend Biometrics Appointment
After USCIS receives the application, they will issue a receipt notice, followed by a notice scheduling a biometrics appointment. At this appointment, the applicant’s fingerprints, photograph, and signature will be collected for background checks. The appointment usually takes 15–30 minutes and is straightforward.
Step 4: Wait for Employment Authorization and Advance Parole (Optional)
If the applicant submitted Forms I-765 and I-131 with the I-485, USCIS may issue an Employment Authorization Document (EAD) and Advance Parole travel document. The EAD allows the applicant to work in the U.S., and Advance Parole permits international travel while the application is pending. These are optional but beneficial for applicants who need to work or travel during the process.
Step 5: Attend the Adjustment of Status Interview
Most marriage-based AOS applicants are required to attend an interview with their spouse at a local USCIS office. During this interview, a USCIS officer will ask questions about the marriage to verify its authenticity. Typical questions cover how the couple met, daily routines, and future plans.
Both spouses should bring original copies of supporting documents, such as a marriage certificate, recent photographs, and evidence of joint finances. The interview is a critical step, and preparing for common questions can help applicants feel more confident.
Step 6: Receive Decision and Green Card
If the USCIS officer approves the application, the applicant will receive a green card in the mail shortly after the interview. If the marriage is less than two years old, the applicant will receive a conditional green card valid for two years. To remove conditions, the couple must file Form I-751 within the 90-day period before the card’s expiration.
Processing Times and Fees
Common Issues and How to Address Them
Frequently Asked Questions
Yes, if you file Form I-765 for employment authorization, you may work once USCIS approves it. This usually takes 3–5 months.
Yes, with an approved Advance Parole document (Form I-131), you can travel. However, it’s crucial to have this document before leaving the U.S. to avoid abandoning your application.
If USCIS denies your AOS application, you may have options to appeal or file a motion to reopen the case. It’s important to consult an immigration attorney in this situation to assess possible next steps.
Conclusion
Adjustment of Status is a valuable option for foreign nationals in the U.S. who want to become lawful permanent residents without leaving the country. By understanding the eligibility requirements, forms, and steps involved, applicants can navigate the process with confidence. If you have questions or need help preparing your application, consider reaching out to an immigration attorney for professional guidance.
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The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.
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