Adjustment of Status

Married in the USA? Adjustment of Status Form (I-485) and all supporting documents are required if your spouse is in the United States as a visitor (non-immigrant) or any other non-immigrant status and now you want them to become a permanent resident of this country. This will allow you to start the process of obtaining their Green Card.

You can apply for the adjustment of status (Form I-485) if you had your marriage in the USA. You want to start this process immediately! Once you have begun the adjustment of status filing process, your spouse does not have to leave the country. In fact, they need to stay in the United States while the application is pending.

Marriage Visa or Fiance visa - Your Best Option?

Many people ask us which is the best and quickest option - Marriage in the USA or Fiance visa.

Best and Quickest Option 1 - Marriage in the USA / Adjustment of Status Process

If you and your spouse are in the USA, you can get a USA marriage by marrying in the United States and filing for an adjustment of status (Form I-485) to that of permanent resident. Your foreign spouse must have entered the USA legally for this marriage visa process to work. Marrying in the United States using the Adjustment of Status process is one of the most common ways couples can ensure they can stay together and still get their Marriage Visa. It is very important you understand this adjustment of status process, otherwise your Marriage Visa may get denied.

Time to Obtain Green Card: 4-5 months from date of filing.  

Best Option 2 - Fiance Visa (K1)  

If your fiance is NOT in the USA, you can obtain a Fiance Visa (also known as a K1 visa) which allows your future spouse to enter the country for 90 days and have a marriage in the USA. You can then start the marriage visa process and file an adjustment of status (Form I-485).

Remember, to apply for a Fiance Visa you can not be married yet. If you are married, then you one of the other two marriage visa options: Marriage Visa through Adjustment of Status or K3 Marriage Visa. 

Time until Fiance can arrive in U.S.: 7-9 months from date of filing.  

Best Option 3 - K3 Marriage Visa via Consulate

If your spouse is NOT in the USA and you are already married, you cannot obtain a Fiance Visa (K1). You can obtain a K3 Marriage Visa. You would obtain the K3 Marriage Visa by filing the appropriate paperwork for the marriage visa through the US Embassy in your spouse's home country. Your spouse will be interviewed at the Embassy and upon approval may travel to the USA. Upon inspection and admission to the US, your spouse will enter the United States to adjust her status. This, however, is a longer process than obtaining a marriage in the USA and a fiance visa (K1).
 
Time to Obtain Green Card: 11 months from date of filing. (7 months till spouse can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card)
 

Best Option 4 - CR1 Marriage Visa via Consulate


If your spouse is NOT in the USA and you are already married, you cannot obtain a Fiance Visa (K1). You can initiate your case by filing form I-130. Once approved the case will be forwarded to the National Visa Center and finally you will have an interview at the US Embassy. Once approved you will enter the US with an Immigrant visa and your Green Card will be mailed to you upon entry. You do not need to complete an Adjustment of Status in this case.

CR1 Marriage visa is similar to the K3 Marrage Visa but you will be separated from each other longer with this CR1 marriage visa option. You will receive your green card with either option.
 
Time to Obtain Green Card: 12 months from date of filing. Green Card received upon entry into the U.S.

Are you Eligible for Marriage in the USA?

The Marriage in the USA (or Adjustment of Status) method is the best option for most, but you need to know if you qualify.

USCIS (US Immigration) will only accept your adjustment of status application if you can satisfy the following THREE requirement:

You will hear many good and scary stories about how an American married a foreigner, eventually obtained their marriage visa process (K3 visa/CR1 visa) and they were able to live in the United States.


This is possible for you, too. If you do it correctly it will be easy with little worries. But you must make sure you complete your marriage visa (K3/CR1 visa) paperwork correctly and in a timely manner. 

Adjustment of Status Details: Get your Green Card Fast and without Worries 

Completing the Adjustment of Status is a step closer to obtaining your Green Card. If you want to complete the Adjustment of Status process quickly and without worries, use the TN Visa Expert Visa Preparation System.

If you are married and living in the United States, you are one step away from becoming a U.S.
permanent resident. Now you need to apply to your local USCIS office for a green card. Of course,
like most things involving the USCIS bureaucracy, it’s not as simple as it sounds.

The process of getting a green card in the United States is called “adjustment of status.” It involves
paperwork and an interview. Most of your work will happen before you have any personal contact with
USCIS. You’ll prepare an adjustment of status packet, including various forms, documents, fees, a medical
exam, and more. 

Some people will want to seek professional help as soon as they see the mountain of forms, checklist and supporting documents needed.

The forms used for adjustment of status based on marriage can also be used for other adjustment applications, hence the confusion and the likelihood to make mistakes. Any mistake in the form, can return the case back to you, resulting in delays and even denials.

Our Visa Preparation system is designed to eliminate any mistakes and create a flawless process for you to go through quickly and easily.  Our system follows you through the application process, all the way from compiling your application forms to waiting for your interview. Our system also includes getting green cards for your children.

After filing the adjustment of status packet, you’ll wait about 30 days for fingerprinting and another three months for an interview with USCIS. At or soon after that interview, you should be approved for residency.

Before you begin filling in the mound of forms required by USCIS for the adjustment of status, it will be helpful to first assemble
the documents and materials that must accompany the forms when you turn them in. 

Adjustment of Status - Documents Required

The following documents are required with your Adjustment of Status petition.
  1. Complete Form I-485
  2. Provide any Initial Evidence of Criminal history
  3. Birth Certificate
  4. Copy of Passport pages
  5. 2" x 2" Color photographs
  6. Biometrics services - your fingerprints - You will be contacted to get fingerprinted after you submit your Adjustment of Status Form I-485
  7. Police Clearances (may be required)
  8. Vaccination Supplement (of K-1 fiance or K-2 dependent if applicable)
  9. Medical Examination (required in most cases)
  10. Biographic Information (Form G-325A)
  11. Affidavit of Support/Employment Letter (required in most cases)
  12. Evidence of Eligibility
  13. Application for Travel Document (Form I-131). Optional
  14. Application for Employment Authorization or EAD (Form I-765)
  15. Additional Documents Proving Eligibility
  16. Non refundable USCIS filing fee: $985 USD (check or money order)

Steps for Adjustment of Status

1. File Adjustment of Status petition with supporting forms and documents.
2. Receive receipts from USCIS 2-3 weeks after filing your adjustment of status petition. Keep these do not lose them! You will receive an A-number, this is your reference number for your case, do not lose.
3. Receive work permit from USCIS 90 days after filing your adjustment of status petition.
4. Interview will be scheduled. If interview is scheduled before you receive your work permit then it will no longer be required as you will get your Green Card.

Fees for Adjustment of Status

The adjustment of status fees are imposed by the U.S. government. The adjustment of status fees are not negotiable and must be paid as part of your application. The adjustment of status fees are as follows:
  • USCIS Filing Fee  - $985
  • Biometrics Fee - $85
  • USCIS Filing Fee for Children - $635

Total Fees: $1070 USD

Benefits of Adjustment of Status

The basic benefit of the Adjustment of Status is that you have arrived at the final stage of obtaining your Green Card. One your application is approved, you will obtain the Green Card which gives you a permanent resident status in the United States.

Two additional benefits of the adjustment of status is that while your adjustment of status petition is pending you can:
-  Travel abroad by applying for Advance Parole allowing you to re-enter the U.S. after travel abroad
-  Work for a U.S. employer by applying for a Work Permit