Complete Guide · Updated May 2026
Adjustment of Status Guide
A plain-English guide for spouses of U.S. citizens who are already in the U.S.
Summary
Adjustment of Status (AOS) is the USCIS process that lets the spouse of a U.S. citizen apply for a green card from inside the United States, without leaving the country. Most couples file Form I-130 (the family petition the U.S. citizen files) and Form I-485 (the actual green card application) together, attend one fingerprinting appointment, sit for one mandatory in-person interview, and receive the green card in the mail. As of May 2026, the typical case takes about 8 to 14 months and costs roughly $2,955 to $3,005 in USCIS fees, plus a medical exam.
At a glance
| Who it's for | Spouse of a U.S. citizen who is already in the U.S. after a lawful entry |
| Core forms | Form I-130 (the family petition the U.S. citizen files), Form I-130A (a spouse questionnaire), Form I-485 (the actual green card application), Form I-864 (the financial-support contract the sponsor signs), Form I-693 (the medical exam), plus optional Form I-765 for a work permit and Form I-131 for a travel permit |
| USCIS filing fees (one applicant, all forms filed together) | I-130: $625 online / $675 paper. I-485: $1,440 (fingerprints included). I-765 (work permit): $260. I-131 (travel permit): $630. Total: about $2,955–$3,005 |
| Typical timeline | 8 to 14 months from filing to green card, depending on the local USCIS field office |
| Interview | Mandatory in-person for every marriage-based case in 2026. Both spouses attend |
| Work permit | Form I-765 (also called an EAD, Employment Authorization Document) costs $260 when filed with the I-485. Usually issued in 4 to 7 months |
| Travel permit | Form I-131, which gives Advance Parole (permission to travel while the case is pending), costs $630 when filed with the I-485. Combined with the work permit on one card |
Figures and timelines are current as of May 2026. Always verify on uscis.gov before filing.
What Adjustment of Status is, in plain English
Adjustment of Status is how a person already in the United States becomes a lawful permanent resident (green card holder) without going back to their home country to pick up an immigrant visa. The phrase comes from a section of U.S. immigration law that lets eligible people “adjust” from a temporary status (like a student, work, or visitor visa) to permanent resident status without leaving.
For spouses of U.S. citizens, AOS is usually the simplest path. USCIS treats spouses of U.S. citizens as immediate relatives, a category that gets unlimited green card numbers each year, so there is no waiting line for a green card to become available. (Other family categories, like spouses of green card holders, often have to wait years for a number.) The official USCIS page on adjustment of status confirms this.
At the end of the process the immigrant spouse gets one of two cards. If the marriage is less than two years old on the day USCIS approves the case, the green card is conditional and valid for two years. The couple then files Form I-751 to remove conditions before that card expires. If the marriage is two or more years old at approval, the green card is valid for ten years from the start.
If the immigrant spouse is currently outside the U.S., AOS is not the right path. The alternative is Consular Processing, which uses an embassy interview abroad. For a full side-by-side, see AOS vs Consular Processing.
Who can use AOS as the spouse of a U.S. citizen
Four things need to be true on the day of filing. First, the immigrant spouse is physically inside the United States. Second, they entered the U.S. lawfully (with a valid visa, the Visa Waiver Program, parole, or another authorized way), and a U.S. officer at the border or airport “inspected and admitted” them. Third, they are legally married to a U.S. citizen, and the marriage is real (the legal phrase is “bona fide”), not for a green card. Fourth, they are not blocked by something on the USCIS list of disqualifying issues (the official word is “inadmissible”). Examples include certain criminal records, prior immigration fraud, or specific health conditions.
Immediate relatives of U.S. citizens get protections other categories do not. Spouses of U.S. citizens can usually file AOS even after:
- Overstaying a prior visa
- Working in the U.S. without authorization (in most cases)
- Letting their nonimmigrant status lapse
These protections come from a specific section of U.S. immigration law and apply only to immediate relatives. They do not extend to spouses of green card holders, or to people who entered the U.S. without being inspected at the border. Source: USCIS Policy Manual, Volume 7, Part A (INA section 245(c)).
The Process
The six steps of adjustment of status
From filing to green card. Most couples filing as the spouse of a U.S. citizen go through the same six steps in the same order.
- 01
Prepare the application package
Both spouses assemble one combined packet: Form I-130 (Petition for Alien Relative, the form the U.S. citizen files to start the case), Form I-130A (Supplemental Information for Spouse Beneficiary, a short questionnaire about the immigrant spouse), Form I-485 (Application to Register Permanent Residence, the actual green card application), Form I-864 (Affidavit of Support, the financial-support contract the sponsor signs), Form I-693 (the sealed medical exam report, expected at filing since December 2024), and optional Form I-765 (work permit) and Form I-131 (travel permit). For form-by-form deep dives, see the I-130, I-485, and I-864 guides. Add the supporting evidence: marriage certificate, proof of U.S. citizenship, prior-marriage termination documents, the immigrant spouse's birth certificate with certified translation, every passport page and the I-94 (the arrival/departure record from the border officer), passport-style photos, and the financial documents that support the I-864.
- 02
File the packet and pay the fees
The combined packet goes to the USCIS mailing address (called a lockbox) listed on the I-485 page. Couples can file online or by mail. Online filing is $50 cheaper per form. Once USCIS receives the packet, receipt notices (Form I-797) arrive 2–4 weeks later. The I-485 receipt also proves the immigrant spouse can legally remain in the U.S. while the case is pending.
- 03
Attend the fingerprinting appointment
About 4 to 8 weeks after filing, USCIS sends an appointment notice for biometrics (the official word for fingerprinting): a 15- to 30-minute visit to a local Application Support Center for fingerprints, a photo, and a digital signature. As of April 1, 2024, the $85 biometrics fee is bundled into the I-485 fee.
- 04
Receive work and travel permits
If Form I-765 (work permit) and Form I-131 (travel permit, which gives 'Advance Parole', or permission to travel while the case is pending) were filed with the I-485, USCIS usually issues one combo card that does both jobs (Form I-766, also called an Employment Authorization Document, or EAD) within 4 to 7 months. The card lets the immigrant spouse work for any U.S. employer and travel internationally. Leaving the U.S. before the travel permit is issued generally counts as abandoning the green card application in USCIS's view, so most couples wait for the card before any international trip. For deeper coverage, see the work authorization and travel during AOS guides.
- 05
Attend the green card interview
In 2026, USCIS brought back mandatory in-person interviews for every marriage-based green card case filed from inside the U.S. Both spouses attend together at a local USCIS field office. The officer asks about the marriage (how the couple met, the wedding, daily life), checks that the marriage is real, and confirms the immigrant spouse is allowed to receive a green card. Most interviews last 20 to 45 minutes. See the interview prep guide for sample questions and document checklists.
- 06
Receive the decision and the green card
If the officer approves at the interview, the case status changes to 'New Card Is Being Produced' within days. The physical green card arrives 30 to 90 days later. Marriages under two years old at approval get a 2-year conditional card; couples then file Form I-751 (the form to remove conditions and upgrade to a regular 10-year card) in the 90 days before that card expires. Marriages two or more years old at approval get a 10-year card right away.
How much it costs
As of May 2026, here are the USCIS filing fees for a one-applicant marriage-based AOS, with all the forms filed together in one packet (the official term is “concurrent filing”). All fees come from the current G-1055 fee schedule.
| Form | Purpose | Online | Paper |
|---|---|---|---|
| I-130 | Family petition | $625 | $675 |
| I-485 | Green card application (fingerprinting fee included) | $1,440 | $1,440 |
| I-130A | Spouse supplement | $0 | $0 |
| I-864 | Affidavit of Support | $0 | $0 |
| I-765 | Work permit (filed with I-485) | $260 | $260 |
| I-131 | Travel permit (filed with I-485) | $630 | $630 |
| USCIS total | $2,955 | $3,005 | |
Outside USCIS, plan for the I-693 medical exam (usually $200 to $500, paid to the civil surgeon), document translations if needed ($20 to $40 per page), and passport-style photos. Source: USCIS Form G-1055 Fee Schedule.
If the U.S. citizen spouse's income falls below the I-864 floor (about $27,050 per year for a household of two as of 2026, which is 125% of the HHS Federal Poverty Guidelines used by USCIS), the couple can add a joint sponsor or use countable assets at three times the income gap.
What you'll need to prepare
The evidence USCIS expects falls into five buckets. Pulling everything together early shortens the process and lowers the chance of a Request for Evidence, or RFE (a notice from USCIS asking for more documents).
Identity (immigrant spouse)
- Birth certificate with certified English translation
- Two passport-style photos
- Government-issued ID (often the foreign passport itself)
- Every page of every current and prior passport with a U.S. stamp or visa
- Form I-94 arrival/departure record (downloadable from the CBP website)
Marriage
- Marriage certificate from the issuing civil authority
- Divorce decrees, annulment orders, or death certificates for any prior marriages
- Proof the marriage is real (called bona fide evidence): joint bank statements, joint lease or mortgage, joint utility bills, joint insurance, joint tax returns, photos from the wedding and from life together, birth certificates of children together, and affidavits from people who know the couple
U.S. citizen spouse status
- U.S. birth certificate, U.S. passport, or Certificate of Naturalization
- Proof of any name changes
Financial
- Most recent federal tax return or IRS tax transcript
- Recent W-2s, 1099s, and pay stubs
- An employer letter confirming current employment and salary
- Joint sponsor's same documents, if using one
Medical
- Form I-693 from a USCIS-approved doctor (called a civil surgeon), sealed in the envelope by the doctor
Common mistakes and how to avoid them
Most denied or delayed AOS cases involve a small number of avoidable errors. Watching for these saves months of waiting.
Filing without the I-693 medical exam
Since December 2024, USCIS expects the medical with the I-485 at filing. Packets without it can be rejected outright.
Leaving the U.S. before the travel permit is approved
Traveling on a temporary visa (like the visa the immigrant spouse used to enter) generally signals to USCIS that the green card application has been abandoned. Most couples wait for the combo work-and-travel card before any trip abroad.
Using the wrong form edition
USCIS periodically releases new editions and rejects packets that use an old edition. Check the form's edition date against the USCIS form page on the day of filing.
Incomplete financial evidence on I-864
Sending just a single year's tax return without the W-2s, pay stubs, or an employer letter is the most common cause of a Request for Evidence, or RFE (a notice from USCIS asking for more documents).
Skipping the proof that the marriage is real
USCIS expects to see a real shared life (the legal term is 'bona fide marriage'). One certificate is not enough. Joint financial accounts, joint housing, photos over time, and joint trips are the strongest items.
Inconsistent answers between I-130, I-485, and the interview
Names, addresses, employment dates, and travel dates need to match across every form. Cross-check before mailing.
What happens after you file
A rough month-by-month view of a typical AOS case (with all the forms filed together in one packet) for the spouse of a U.S. citizen, as of May 2026. The exact timing depends on the local USCIS field office and individual circumstances.
| Time after filing | What usually happens |
|---|---|
| 2 to 4 weeks | Receipt notices (Form I-797, USCIS's confirmation that they got each form) for I-130, I-485, I-765, and I-131 arrive by mail |
| 4 to 8 weeks | Fingerprinting appointment notice arrives; the appointment itself is usually 1 to 2 weeks later |
| 4 to 7 months | The combo work-and-travel card (Form I-766) arrives if Form I-765 and Form I-131 were filed with the I-485 |
| 6 to 13 months | Interview notice arrives 4 to 8 weeks before the scheduled date |
| 8 to 14 months | Interview happens; case is usually approved on the spot or within 90 days |
| 30 to 90 days after approval | Green card arrives in the mail |
The longest stretch is almost always between the fingerprinting appointment and the interview, while USCIS runs background checks and the case sits in line at the local field office. For a fuller breakdown, see the marriage green card timeline.
Edge cases worth knowing
A few situations come up often enough to call out, even though the article assumes a standard case.
Marriage less than two years old on approval day
USCIS issues a conditional green card valid for two years. Within the 90 days before that card expires, the couple files Form I-751 together to remove the conditions and switch to a regular 10-year card. Skipping the I-751 means loss of green card status.
Entering the U.S. without being inspected at the border
Adjustment of Status through marriage to a U.S. citizen is generally not available to someone who crossed the border without going through a port of entry, unless they qualify under a narrow older-law exception or apply for a provisional waiver. This is a case where an attorney consultation makes sense.
Prior immigration violations beyond visa overstay
Past unlawful presence, prior removal orders, or visa fraud have specific waiver requirements. An attorney consultation is recommended.
U.S. citizen spouse's income below the I-864 threshold
Add a joint sponsor who meets the income floor, or use the U.S. spouse's countable assets at three times the income shortfall.
Long international travel during the case
Even with the travel permit (Advance Parole), frequent or extended trips abroad can trigger questions about whether the immigrant spouse really intends to live in the U.S. Keep documentation of the U.S. residence (lease, utilities, employment).
Case denied
USCIS issues a written decision explaining why. The immigrant spouse may be able to refile, ask USCIS to reopen or reconsider the case, or appeal, depending on the reason. Denials can also lead to removal proceedings, so an attorney consultation is a good step.
Do you need a lawyer?
Most straightforward marriage-based AOS cases do not require an attorney. The same forms are available to anyone on USCIS.gov for free, and self-help software handles most of the form mechanics so applicants can focus on completeness and accuracy.
Hire an attorney when the case has real complexity: entry without inspection, prior removal proceedings, a criminal record, prior visa or marriage fraud allegations, a public-charge concern, or a complicated work history that the I-864 cannot easily cover. For the standard “U.S. citizen marries someone here on a valid visa” case, the bottleneck is usually thoroughness, not legal strategy, and a careful do-it-yourself or self-help-software approach is enough.
How Green Card Genius fits
Green Card Genius is self-help immigration software built specifically for marriage-based green card cases. The software walks a couple through plain-English questions, fills in the USCIS forms based on those answers, and prepares the full packet for the couple to review and sign. The one-time fee is $99 (a fraction of typical attorney fees of $2,000–$5,000), and the Denial Protection Guarantee returns the $99 service fee if USCIS denies the application. Government filing fees paid directly to USCIS are separate and non-refundable, since those fees go to the government.
Green Card Genius is not a law firm and does not provide legal advice.
Frequently asked questions
How long does adjustment of status take in 2026?
Adjustment of Status (AOS) is the process for applying for a green card from inside the U.S. As of May 2026, a marriage-based AOS case filed all at once (Form I-130 and Form I-485 sent together in one packet) usually takes 8 to 14 months from filing to green card. The exact time depends on which USCIS field office handles the interview. Some offices schedule interviews within 6 months; others take more than a year. The longest stretch is the wait between fingerprinting and the interview.
How much does adjustment of status cost?
For the spouse of a U.S. citizen filing all the forms at once, USCIS fees total about $2,955 to $3,005 as of May 2026: I-130 ($625 online or $675 paper), I-485 ($1,440, fingerprinting included), I-765 work permit ($260), I-131 travel permit ($630). I-130A and I-864 have no fee. The I-693 medical exam is another $200 to $500.
Can I work while my green card is pending?
Yes, if Form I-765 (the work permit application, also called an EAD) was filed with the I-485 packet. USCIS issues one combo work-and-travel card (Form I-766) usually within 4 to 7 months of filing. The card lets the immigrant spouse work for any U.S. employer for the two years the card is valid.
Can I travel internationally while my green card is pending?
Yes, after Form I-131 (the travel permit application) is approved. USCIS issues the travel permit (called Advance Parole) on the same combo card as the work permit. Traveling before the travel permit is approved usually counts as abandoning the green card application, so most couples wait for the card before any international trip.
Is the interview required?
Yes. As of 2026, USCIS requires an in-person interview for every marriage-based green card case filed from inside the U.S., with both spouses attending together at a local field office. The interview confirms that the marriage is real and that the immigrant spouse is allowed to receive a green card.
Can I adjust status if I overstayed my visa?
Usually yes, if the immigrant spouse is married to a U.S. citizen and entered the U.S. lawfully (with a valid visa or other authorized admission). Spouses of U.S. citizens get a special legal protection that lets them apply for a green card from inside the U.S. even after a visa overstay or unauthorized work. This protection does not extend to spouses of green card holders, or to people who entered the U.S. without being inspected at the border.
What if my U.S. citizen spouse doesn't make enough income?
Form I-864 (the financial-support contract the U.S. citizen signs) requires the sponsor to show household income at or above 125% of the federal poverty line, which is about $27,050 for a household of two as of 2026. If the U.S. citizen's income falls short, a second adult (called a joint sponsor) who meets the threshold can sign a separate I-864, or the U.S. citizen can use savings or other assets worth three times the income gap.
What happens if USCIS denies the green card?
USCIS issues a written decision listing the reasons. Depending on the reasons, the immigrant spouse may ask USCIS to reopen or reconsider the case, file an appeal, or refile from scratch. Some denials can lead to removal proceedings, so an attorney consultation is a good idea after a denial.
Key takeaways
- ✓
Adjustment of Status (AOS) is how the spouse of a U.S. citizen gets a green card from inside the U.S., without leaving for an embassy interview abroad (the alternative path, called Consular Processing).
- ✓
The typical packet is Form I-130 (family petition), Form I-130A (spouse questionnaire), Form I-485 (green card application), Form I-864 (financial-support contract), and Form I-693 (medical exam), plus the optional Form I-765 (work permit) and Form I-131 (travel permit).
- ✓
USCIS fees total about $2,955 to $3,005 when one applicant files all the forms together as of May 2026 (I-130 $625–$675, I-485 $1,440, I-765 $260, I-131 $630), plus a $200–$500 medical exam.
- ✓
Most cases filed all at once take 8 to 14 months from filing to green card. The biggest variable is the local USCIS field office.
- ✓
Both spouses must attend an in-person interview in 2026; it is mandatory for every marriage-based AOS case.
- ✓
Spouses of U.S. citizens get a special protection that lets them still apply even after a visa overstay or unauthorized work. This protection does not cover people who entered the U.S. without being inspected at the border.
This article is for educational purposes only and is not legal advice. Green Card Genius is self-help immigration software, not a law firm, and does not provide legal representation. Immigration law and USCIS policy change frequently. For advice on a specific case, consult a licensed immigration attorney. Information is current as of May 2026; verify any fee, processing time, or eligibility rule against the relevant USCIS page before relying on it.
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