You married a U.S. citizen. Your spouse is already living here with you. So you’re probably asking the same question most people in this situation ask first: can my spouse just apply for a green card from here, or do we have to go through a consulate abroad?
For couples in New York City, Westchester County, and the surrounding areas, the answer is often yes. If your spouse entered the country lawfully and meets a few other requirements, marriage-based adjustment of status lets them apply for a green card without leaving the United States.
That said, “often yes” isn’t the same as “always yes.” The process has enough moving parts that small mistakes can lead to real delays.
This guide walks through how adjustment of status through marriage actually works. It covers what USCIS looks for, and where couples tend to trip up.
What Marriage-Based Adjustment of Status Actually Means
Adjustment of status is the legal process of changing a person’s immigration status to lawful permanent resident while they remain inside the United States. It’s the alternative to consular processing, which requires the foreign spouse to attend an immigrant visa interview at a U.S. embassy or consulate overseas.
When the basis for the green card is a marriage to a U.S. citizen or lawful permanent resident, people usually call it a “marriage green card” case. Legally, it involves two separate filings that work together: Form I-130 (Petition for Alien Relative), which proves the marriage exists and is legally valid, and Form I-485 (Application to Register Permanent Residence or Adjust Status), which is the actual green card application. For spouses of U.S. citizens who are already in the U.S. and eligible to adjust, these two forms can typically be filed together as a “concurrent filing.”
Marriage alone doesn’t create any immigration status. USCIS has to review the case, confirm the marriage is genuine, and approve the application before anything changes.
Who Can Apply for Adjustment of Status Through Marriage
Not every married couple can use this path. Generally, a foreign spouse may be eligible to adjust status in the United States when:
- They hold a legal marriage to a U.S. citizen or, in some cases, a lawful permanent resident.
- The couple entered the marriage in good faith, not solely to obtain immigration benefits.
- An immigration officer inspected and admitted – or paroled – them into the United States, meaning they didn’t cross the border without authorization.
- No visa violation, criminal record, or other ground of inadmissibility currently bars them from adjusting status.
- A visa number is immediately available, which for spouses of U.S. citizens is almost always the case since they fall into the “immediate relative” category with no annual cap.
Here’s where it gets more complicated: if the foreign spouse is married to a lawful permanent resident rather than a U.S. citizen, the case falls under a family preference category instead of the immediate relative category. That means visa availability can affect timing, and adjustment of status might not be immediately possible depending on when the priority date becomes current.
Entry method matters a lot, too. Someone who entered on a valid visa – a tourist visa, a student visa, a K-1 fiancé visa followed by marriage within 90 days – is generally in a stronger position to adjust status than someone who entered without inspection. There are some exceptions and waivers that can apply in more complicated situations, which is exactly the kind of thing worth reviewing with an attorney before filing anything.
How the Process Works, Step by Step
Step 1: File Form I-130 (and I-485, if eligible)
The U.S. citizen spouse files Form I-130 to establish the marital relationship.If the foreign spouse is eligible to adjust status concurrently, they can file Form I-485 at the same time, along with supporting forms like Form I-864 (Affidavit of Support), Form I-765 (work authorization), and Form I-131 (travel document), if they want those benefits while the case is pending.
Step 2: Receive a Receipt Notice and Biometrics Appointment
USCIS will issue receipt notices for each form filed and eventually schedule a biometrics appointment for fingerprints, a photo, and a signature. This is also when background and security checks begin.
Step 3: Complete the Medical Examination
The foreign spouse needs a medical exam from a USCIS-authorized civil surgeon. In the New York area, there are civil surgeons throughout NYC, Westchester, and the Hudson Valley. The results go on Form I-693 and are submitted with, or sometimes after, the I-485.
Step 4: Respond to Any Requests for Evidence
If USCIS wants additional documentation, they’ll send a Request for Evidence (RFE) with a deadline. Missing that deadline can result in a denial, so this isn’t something to put off.
Step 5: Attend the Green Card Interview
Most marriage-based adjustment cases require an in-person interview, usually at the local USCIS field office.For New York City residents, that typically means the field office serving your borough; the New York field office network often handles cases for Westchester and White Plains-area couples too, depending on where you live.The officer will ask about your relationship, your daily life together, and the details in your application.
Step 6: Receive a Decision
If everything checks out, USCIS approves the case and the green card is mailed.How long you’ve been married at the time of approval determines whether the spouse receives a 10-year permanent green card or a 2-year conditional one.
Documents and Evidence You’ll Need
Every case is a little different, but couples generally need to gather:
- A certified marriage certificate
- Passports and prior immigration documents for the foreign spouse
- Evidence of the U.S. citizen’s status (birth certificate or naturalization certificate)
- Financial documents supporting the Affidavit of Support, including tax returns and pay stubs
- Proof the marriage is genuine – joint bank accounts, a lease or mortgage in both names, photos over time, insurance policies listing each other, and similar records
- Divorce decrees or death certificates if either spouse was previously married
That last category – evidence of a genuine marriage – is where a lot of couples underestimate what’s needed. USCIS isn’t looking for a mountain of paperwork; they’re looking for a consistent, credible picture of shared life. A newly married couple who hasn’t had time to build up years of joint records isn’t automatically suspect, but the evidence you do have should tell a coherent story.
Common Mistakes That Slow Cases Down
A few patterns show up again and again in marriage-based cases:
Filing before checking eligibility to adjust. Some people enter the U.S. without inspection and don’t realize this generally prevents adjustment of status, even with a valid marriage. In some circumstances, a waiver or another legal pathway may apply, but that needs to be sorted out before filing, not after a denial.
Inconsistent information across forms. Addresses, employment history, and dates that don’t match between the I-130, I-485, and supporting documents raise questions an officer will want answered at the interview.
Incomplete Affidavit of Support. The sponsoring spouse needs to meet the income requirement or bring in a joint sponsor. Underestimating this requirement is a common reason for delays.
Not disclosing prior immigration history. Prior visa denials, overstays, or removal proceedings need to be addressed head-on. Omitting them doesn’t make them go away – it just means USCIS finds out at a worse time.
Assuming the process is the same for everyone. A spouse who came in on a K-1 visa, a spouse of a green card holder, and a spouse with a prior deportation order are all dealing with meaningfully different processes, even though the end goal – a green card through marriage – looks the same on paper.
What Happens After You File
Once the couple files the case, the foreign spouse can generally remain in the U.S. while it’s pending. If they requested work authorization and a travel document along with the I-485, USCIS often issues those before the green card interview itself, giving the spouse some ability to work and travel in the meantime. Traveling on advance parole while a case is pending carries its own risks depending on your circumstances, so it’s worth confirming with an attorney before booking anything.
Processing times vary by USCIS field office and change over time, so it’s best to check current processing times on the USCIS website rather than relying on what a friend’s case looked like last year.
Frequently Asked Questions
Can I work while my adjustment of status application is pending?
If you filed Form I-765 for employment authorization along with your I-485, you can generally work once that application is approved and you receive your Employment Authorization Document. You can’t work based on the I-485 filing alone.
What’s the difference between a 2-year and a 10-year green card?
If the marriage was less than two years old on the day the green card was approved, USCIS generally issues a conditional 2-year green card. Couples married longer than two years at approval typically receive a 10-year green card directly. Conditional residents need to file Form I-751 to remove the conditions before the 2-year card expires.
What if my spouse entered the U.S. illegally – can we still do adjustment of status? It depends heavily on the specifics. Entry without inspection generally blocks adjustment of status unless a specific exception or waiver applies. This is one of the most important things to evaluate with an attorney before filing anything, since filing prematurely can create bigger problems.
Can we file adjustment of status if we got married in another country?
Yes, as long as the marriage is legally valid in the country where it took place and would be recognized under U.S. law. You’ll need certified copies of the foreign marriage certificate, often with a certified translation.
How long does marriage-based adjustment of status take in New York?
Timing depends on the local USCIS field office’s current caseload, whether the case requires an interview, whether USCIS issues an RFE, and the specific facts of the case. Because timelines shift, check current USCIS processing times for the field office handling your case rather than assuming a fixed number.
Next Steps
Marriage-based adjustment of status can be relatively straightforward for couples with a clean immigration history and solid documentation. It gets more complicated quickly when there’s a prior overstay, an unlawful entry, a past deportation order, or gaps in the paper trail proving the relationship. If any of that sounds like your situation, it’s worth having your case reviewed before you file rather than after USCIS raises questions.
E-Z Immigration works with couples throughout New York City, Westchester County, White Plains, and the surrounding communities on marriage green card cases, including adjustment of status and consular processing. If you have questions about your eligibility or want a second opinion before filing, contact our team to schedule a consultation and talk through your specific circumstances.
This article is for general informational purposes only and does not constitute legal advice. Immigration laws, fees, and processing procedures change, and individual eligibility depends on the specific facts of each case. Speak with a qualified immigration attorney before making decisions about your immigration matter.