Marriage‑Based Green Card

What is Marriage‑Based Green Card (Adjustment of Status)?

A foreign national who marries a U.S. citizen or a lawful permanent resident (green card holder) may apply for a marriage‑based green card through the “Adjustment of Status” process while already inside the United States, without having to leave the country.

Basic eligibility requirements:

The marriage is legally valid;
The applicant entered the U.S. lawfully (e.g., on a valid nonimmigrant visa);
The applicant is physically present in the U.S. at the time of filing (with certain exceptions).

Relationship between parties: The U.S. citizen or green card holder is the “petitioner” (sponsor), and the foreign spouse is the “beneficiary” (applicant).

Application Process for Adjustment of Status

If the beneficiary is already in the U.S. and eligible for adjustment, the process generally involves:

Step 1 – File Form I‑130, Petition for Alien Relative
The U.S. citizen or green card holder spouse submits Form I‑130 to USCIS to establish the qualifying marital relationship.

Step 2 – File Form I‑485, Application to Register Permanent Residence or Adjust Status
The beneficiary files Form I‑485 to change status to lawful permanent resident. This stage typically also includes:

Completing the medical examination (Form I‑693);
Biometrics (fingerprinting);
Possible Request for Evidence (RFE);
Attending an in‑person interview;
Final approval and receipt of the green card.

Concurrent Filing: Spouses of U.S. citizens are “immediate relatives” and generally have no visa backlog, so I‑130 and I‑485 may be filed together. Spouses of green card holders fall under preference categories and usually must wait for a visa number to become available before filing I‑485.

Optional simultaneous applications: While filing I‑485, the beneficiary may also file Form I‑765 (EAD work permit) and Form I‑131 (advance parole travel document) to obtain work authorization and travel permission while the green card application is pending.

Key Considerations for Marriage‑Based Green Card

Marriage to a U.S. citizen: If the applicant’s current nonimmigrant status expires after I‑485 is properly filed, the applicant enters “pending adjustment” status and remains lawfully present.
Marriage to a green card holder: The beneficiary must maintain valid nonimmigrant status throughout the waiting period for a visa number; otherwise, they may have to depart and complete consular processing abroad.

Travel Restrictions While I‑485 Is Pending

While I‑485 is pending, you cannot leave the United States without advance parole (Form I‑131) approval. Departure without advance parole is considered abandonment of the green card application.

Work Authorization During the Process

If you hold valid work permission (e.g., OPT) from your current nonimmigrant status, you may continue working while the green card application is pending. If that permission expires before the green card is approved, you must apply for an EAD based on the pending I‑485. Once the EAD is approved, you may work for any U.S. employer.

Scrutiny of Marriage Authenticity

USCIS has become increasingly strict in reviewing the bona fides of marriage. During the interview, officers will focus on:

How the couple met and the development of the relationship;
Cohabitation history and sharing of living expenses;
Knowledge of each other’s families;
Details of the wedding, daily life, and living arrangements;
Joint bank accounts, shared insurance, joint leases, tax returns, and other documentary evidence.

Important Notice

The information provided above is for general reference only and does not constitute legal advice. Immigration laws are complex, fact‑specific, and subject to change. Every case presents unique circumstances that require careful evaluation by a qualified professional. If you would like to discuss your particular situation or need assistance with any immigration matter, we welcome you to contact our office. Our experienced attorneys are here to help you navigate the process and protect your interests.

Why choose Lawyer
曾琦(Qi Zeng)

Attorney 曾琦（Qi Zeng） handles H1B, EB‑1, EB‑2, marriage‑based green cards and student‑related immigration. She offers tailored strategies with risk review and careful document preparation. Pragmatic and honest, no overpromises. Client privacy is strictly protected to help students and professionals obtain U.S. immigration status.