🇺🇸 Marriage Green Card & Adjustment of Status Lawyer — I-485

Get Your Marriage Green Card in the United States

If you are married and your spouse is already in the United States, Adjustment of Status may allow your spouse to apply for a green card without leaving the United States for immigrant visa processing abroad.

At Pelican Johnson Immigration Law, we help married couples navigate the Adjustment of Status process—from preparing the marriage-based petition and green card application to financial sponsorship, supporting evidence, and USCIS interview preparation.

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    The Basics

    Marriage Green Card & Adjustment of Status Quick Facts.

    Who Is This Process For?

    Certain eligible foreign spouses who are already physically present in the United States.

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    Can the I-130 and I-485 Be Filed Together?

    In many cases involving the immediate relative of a U.S. citizen, yes, if the applicant is otherwise eligible. This is called a concurrent filing.

    Does the Applicant Have to Leave the United States?

    An eligible Adjustment of Status applicant completes the green card process from within the United States.

    What Is the End Result?

    If USCIS approves the I-485, the applicant becomes a lawful permanent resident—a green card holder.

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    Is Your Spouse Outside the United States?

    Adjustment of Status is for eligible applicants who are already in the United States.

    If your spouse lives outside the United States, you may instead need to use the Marriage & Spousal Visa process through Consular Processing.

    Why Couples Choose Pelican Johnson Immigration Law

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    Guidance Every Step Of The Way

    A marriage-based Adjustment of Status case can involve multiple immigration forms, supporting documents, financial requirements, relationship evidence, and a USCIS interview.

    All 50 States

    Immigration law is federal. We represent Adjustment of Status clients throughout the United States without requiring you to live near our office.

    From Application to USCIS Interview

    We prepare and organize the required forms and supporting documentation, help you prepare your relationship evidence and financial sponsorship documents, and prepare you for the USCIS interview.

    No Guesswork

    We provide clear instructions throughout your case. You will know what documents are needed, and what to expect as your case moves forward.

    Marriage Green Card & Adjustment of Status Attorney Services

    USCIS Forms Preparation ✓

    Truly Flat Fee ✓

    Collection of Form Information ✓

    Supporting Document Advice and Preparation ✓

    24/7 Online Client Portal ✓

    Continued Monitoring With USCIS ✓

    “Mock Interview” Preparation With Spouse ✓

    Preparation for any Requests for Evidence ✓

    Financial Sponsorship Evaluation ✓

    The K-1 Visa Is Only the First Step

    Entered the United States on a K-1 Fiancé(e) Visa?

    After entering the United States on a K-1 fiancé(e) visa and marrying the U.S. citizen petitioner within 90 days, the foreign spouse generally must apply for Adjustment of Status to become a lawful permanent resident.

    Getting married is an exciting milestone for K-1 couples, but it is only one step in the immigration process. After marriage, the foreign spouse must continue the process by applying for Adjustment of Status to become a lawful permanent resident.

    Pelican Johnson Immigration Law helps couples continue from the K-1 fiancé(e) visa process through the marriage green card stage, including preparation of the Adjustment of Status application, supporting documentation, financial sponsorship, and USCIS interview preparation.

    Already married after entering on your K-1 visa? Let us help you take the next step toward your green card.

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    From Marriage to Green Card

    How Does Marriage-Based Adjustment of Status Work?

    1

    Prepare and File the Case

    We prepare the required immigration forms and supporting documentation based on your individual case. For qualifying spouses of U.S. citizens, the I-130 petition and I-485 green card application can often be filed together.

    We review your immigration and relationship history, organize the required evidence, prepare the financial sponsorship documentation, and prepare the complete filing for USCIS.

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    USCIS Processing & Biometrics

    After USCIS accepts the filing, the applicant will receive receipt notices and may be scheduled for a biometrics appointment.

    If applications for employment authorization or travel permission were filed, USCIS will process those applications separately while the green card case remains pending.

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    USCIS Interview

    USCIS may schedule the couple for a marriage-based Adjustment of Status interview.

    The officer may review the immigration forms, eligibility for permanent residence, and evidence demonstrating that the marriage is genuine.

    Interview preparation is part of our process.

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    Green Card Decision

    If USCIS approves the Adjustment of Status application, the foreign spouse becomes a lawful permanent resident of the United States.

    PREPARED FROM PETITION TO APPROVAL

    Proving Your Marriage Is Real

    Every Marriage Is Different. Your Evidence Should Reflect Yours.

    USCIS requires marriage-based applicants to establish that their marriage is genuine and was not entered into simply to obtain an immigration benefit.

    Evidence may include joint financial accounts, leases or mortgages, insurance, tax documents, photographs, travel records, children together, correspondence, beneficiary designations, affidavits, and other evidence demonstrating your shared life.

    At Pelican Johnson Immigration Law, we identify the evidence needed, determine how much to include, and organize it strategically to clearly document your relationship.

    Work and Travel While Your Green Card Is Pending

    Depending on the applicant’s circumstances, an Adjustment of Status filing may also include applications for employment authorization and Advance Parole for international travel while the green card application is pending.

    However, work and international travel issues can depend on the applicant’s existing immigration status and history.

    We help our clients understand which applications are appropriate for their case and what to expect while the green card application is pending.

    For more information, see our Top Adjustment of Status Questions below.

    Financial Sponsorship

    Most marriage-based Adjustment of Status cases require Form I-864, Affidavit of Support, and supporting financial documentation.

    If the petitioner’s qualifying income is insufficient, other options may be available depending on the circumstances, including qualifying assets, household-member income, or an eligible joint sponsor.

    We review the financial sponsorship requirements with our clients and help determine what documentation should be provided.

    Will I Receive a Two-Year or Ten-Year Green Card?

    The answer generally depends on the length of your marriage when permanent resident status is granted.

    If you have been married for less than two years when USCIS approves the Adjustment of Status application, the foreign spouse generally receives conditional permanent resident status.

    If you have been married for at least two years when permanent resident status is granted, the foreign spouse generally receives permanent resident status without the two-year marriage condition.

    We explain this in greater detail in our Adjustment of Status FAQs below.

    Marriage Green Card & Adjustment of Status

    Frequently Asked Questions

    Every Adjustment of Status case is different, and clients often have questions about their prior immigration status, visitor visas, overstays, unauthorized employment, work permits, international travel, financial sponsorship, interviews, and what happens after approval.

    What Is Adjustment of Status?

    Adjustment of Status is the process that allows certain eligible individuals who are already physically present in the United States to apply for lawful permanent resident status—a green card—without leaving the United States to complete immigrant visa processing at a U.S. Embassy or Consulate abroad.

    For married couples, the process generally involves establishing the qualifying marriage, demonstrating that the marriage is genuine, and showing that the foreign spouse is eligible to adjust status in the United States.

    Can I Get a Green Card Through Marriage Without Leaving the United States?

    Yes, in many cases.

    If you are eligible for Adjustment of Status, you may apply for your marriage-based green card while remaining in the United States rather than returning to your home country for a consular interview.

    Eligibility depends on several factors, including how you entered the United States, your spouse's immigration status, your immigration history, and whether any grounds of inadmissibility or other legal issues apply.

    Because eligibility for Adjustment of Status depends on your specific immigration history and circumstances, this situation should be discussed with an experienced immigration attorney before filing.

    Contact Pelican Johnson Immigration Law to Discuss Your Case

    Can I Adjust Status If I Entered the United States on ESTA or a Tourist, Student, Work, or Other Temporary Visa?

    Possibly. Entering the United States temporarily does not automatically prevent you from later applying for Adjustment of Status based on marriage to a U.S. citizen.

    This may include individuals who entered the United States through the Visa Waiver Program using ESTA, or with a B-1/B-2 visitor visa, F-1 student visa, J-1 exchange visitor visa, H-2B temporary worker visa, or another temporary nonimmigrant visa.

    However, the manner of your entry, your particular visa or immigration classification, your immigration history, and your intentions when you entered the United States can all be important. Entering the United States temporarily after already making a plan to remain permanently—and misrepresenting your intentions to a consular or immigration officer—can create serious immigration problems.

    Getting married after entering the United States temporarily is not, by itself, immigration fraud. Each case must be evaluated based on its individual facts and circumstances.

    Some types of entries also involve special rules. For example, certain J-1 exchange visitors may be subject to the two-year foreign residence requirement, while individuals admitted through the Visa Waiver Program using ESTA generally waive important rights to contest removal. These issues can significantly affect how an Adjustment of Status case should be handled.

    Because eligibility for Adjustment of Status depends on how you entered the United States, your immigration history, and your individual circumstances, this situation should be discussed with an experienced immigration attorney before filing.

    Contact Pelican Johnson Immigration Law to Discuss Your Case

    Can I Adjust Status If I Overstayed My Visa or Authorized Stay?

    In some cases, yes. However, an immigration overstay is a serious issue and should be carefully evaluated before an Adjustment of Status application is filed.

    For certain immediate relatives of U.S. citizens, including qualifying spouses of U.S. citizens, an overstay or failure to continuously maintain lawful immigration status does not necessarily prevent Adjustment of Status if the applicant otherwise qualifies.

    However, this does not mean that an overstay is erased or that it can simply be ignored. The applicant must fully disclose their immigration history to USCIS, and other issues involving the person's entry, immigration status, unauthorized employment, prior immigration violations, or possible grounds of inadmissibility may still affect eligibility.

    The consequences can also be very different for someone married to a lawful permanent resident rather than a U.S. citizen. An overstay may prevent Adjustment of Status in circumstances where an exception available to an immediate relative of a U.S. citizen does not apply.

    Leaving the United States after accruing certain periods of unlawful presence can also trigger three-year or ten-year bars to returning to the United States. For this reason, a person who has overstayed should not assume that leaving the United States and completing the immigration process abroad is a safe alternative without first obtaining legal advice.

    An overstay does not automatically mean that you cannot obtain a marriage-based green card, but it can have serious immigration consequences. Your complete immigration history should be reviewed by an experienced immigration attorney before you file an Adjustment of Status application or make plans to leave the United States.

    Can I Get a Marriage Green Card If I Worked Without Authorization?

    In many cases, unauthorized employment does not prevent an immediate relative of a U.S. citizen from adjusting status, provided the applicant is otherwise eligible.

    However, unauthorized employment should be disclosed accurately on the immigration forms. Never provide false information or conceal prior employment from USCIS.

    Different rules may apply to applicants who are not immediate relatives of U.S. citizens.

    This issue can affect your eligibility for Adjustment of Status and should be carefully reviewed with an experienced immigration attorney before anything is filed with USCIS.

    What Forms Are Filed for a Marriage-Based Adjustment of Status?

    A marriage-based Adjustment of Status case may involve several USCIS forms, depending on the circumstances.

    These commonly include the family petition, green card application, financial sponsorship documentation, and applications for employment authorization and travel permission when appropriate.

    The exact forms and supporting evidence depend on the facts of the individual case. Filing the correct forms together and ensuring that the information is consistent throughout the application is an important part of preparing a strong filing.

    Ready to Get Your Marriage Green Card Process Started?

    Let Us Guide You Through Adjustment of Status

    Your marriage green card application is an important step toward building your life together in the United States.

    Contact Pelican Johnson Immigration Law today to discuss your marriage-based Adjustment of Status case.

    Start Your Application

    Send us a message — our team typically responds within 1 business day.

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