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Immigration Lawyer’s Lawyer

Looking for a green card through marriage?

Whether your partner is inside or outside of the US, our immigration attorneys pave the way for your seamless journey.


Be together with the assistance of our comprehensive representation in your marriage-based permanent residence matter. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining legal residency in the US. Say goodbye to confusion and frustration – with our personalized support, tailored to your unique situation, you'll navigate the adjustment process with confidence. Take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.

The Immigration Lawyer’s Lawyer

Looking for a green card through marriage?

Whether your partner is inside or outside of the US, our immigration lawyers pave the way for your seamless journey.

Unlock the door to your American dream with our comprehensive citizenship assistance. Our team of seasoned attorneys is here to guide you every step of the way, ensuring a smooth and successful journey towards obtaining US citizenship. Say goodbye to confusion and frustration – with our personalized support, tailored to your unique needs, you'll navigate the process with confidence. Take advantage of a complimentary telephone consultation with one of our senior attorneys to kickstart your journey today.

Marriage-based Adjustment of Status

vs

Marriage-based consular processing

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.

If you are outside of the United States, you must obtain your visa abroad through consular processing.

Marriage-based consular processing presents a pathway for foreign nationals to attain lawful permanent resident status in the United States. Tailored for individuals residing outside the US, this method enables them to secure immigrant visas, or green cards, through marriage to a US citizen or lawful permanent resident. Unlike adjustment of status, which applies to individuals already within the US, consular processing occurs at a US embassy or consulate abroad.


Adjustment of Status through marriage offers a pathway for foreign nationals to transition their immigration status in the United States. Specifically designed for individuals who entered the country on a non-immigrant (temporary) visa, this process enables them to pursue lawful permanent resident status and secure green cards by virtue of their marriage to a US citizen or permanent resident. Notably, it permits applicants to stay in the US during the application processing period, even if their temporary visa expires along the way.

Who Can Apply for Adjustment of Status Through Marriage?

To qualify for a marriage-based green card and adjust your status, certain conditions must be met. These include:

  • Physical Presence in the United States: You must be currently residing in the United States.

  • Immigration Admissibility: Meeting the immigration requirements for admissibility into the US is crucial. This typically involves having a clean criminal record. However, certain crimes may allow for a waiver of inadmissibility.

  • Legal Entry into the US: Your entry into the US must have been legal. Even if your temporary visa has expired, you may still qualify if you entered legally on a valid visa or through a visa waiver program.

  • Legitimate Marriage: Your marriage to a US citizen or permanent resident spouse must be genuine and not solely for immigration purposes. Documentation and interviews will be required to prove the authenticity of your marriage.

Given the stringent scrutiny by the United States Citizenship and Immigration Services, it's essential to ensure your application is meticulously prepared. Consulting with an immigration attorney before commencing the adjustment of status process can provide invaluable guidance and help ensure a smooth application process.

When pursuing adjustment of status through marriage, assembling the necessary documentation is crucial to support your application. Typically, you'll require:

Marriage certificate

Birth certificate

Evidence of legal entry into the US

Documentation confirming your spouse's citizenship or permanent resident status

Proof of the authenticity of your marriage, which may include photographs, shared assets, joint benefits, or communication records like shared correspondence or residing at the same address

Documentation of any previous divorce or death if applicable

Given the complexity of the application process and the importance of accurate documentation, seeking guidance from an experienced immigration attorney can be invaluable. Their expertise can help navigate the intricacies of your case, potentially improving the likelihood of a successful application.

What are the Benefits of Adjustment of Status through Marriage?

Some of the benefits include:

Family Unity

Adjustment of status through marriage allows families to stay together in the United States. It enables spouses of US citizens or permanent residents to obtain lawful permanent resident status without having to leave the country.

Legal Status

Upon approval, the applicant receives lawful permanent resident status, granting them the right to live and work in the US indefinitely. This status provides stability and opens up various opportunities for education, employment, and benefits.

No Need to Leave the US

Unlike some other immigration processes, adjustment of status through marriage allows applicants to remain in the US while their application is pending. This eliminates the need for potentially lengthy separations from family and employment.

Faster Processing

In some cases, adjustment of status through marriage can be processed more quickly compared to other immigration pathways. This can expedite the process of obtaining legal status and integrating into American society.

Flexibility in Eligibility

Adjustment of status through marriage is open to spouses of both US citizens and permanent residents. This flexibility allows individuals in various stages of the immigration process to pursue permanent residency based on their marital relationship.

Possibility of Waivers

In cases where the applicant faces inadmissibility issues, such as certain criminal convictions, a waiver may be available to overcome these barriers. An experienced immigration attorney can assess eligibility for waivers and guide applicants through the process.

Considerations for Adjustment of Status through marriage:

Marriage Legitimacy: Immigration authorities closely scrutinize marriages to ensure they are genuine and not solely for immigration purposes. Applicants must provide evidence of a bona fide marital relationship, such as joint finances, shared assets, and mutual commitment, to avoid allegations of marriage fraud.

Admissibility Issues: Applicants must meet certain criteria for admissibility into the United States, including having a clean criminal record and complying with immigration laws. Any issues related to inadmissibility, such as past immigration violations or criminal convictions, could complicate the process and require additional steps to address.

Documentation Requirements: The adjustment of status process involves gathering extensive documentation to prove the authenticity of the marital relationship and eligibility for permanent residency. Ensuring all required documents are properly prepared and submitted is crucial for a successful application.

Frequently Asked Questions

Who is eligible to apply for adjustment of status through marriage?

Spouses of US citizens or lawful permanent residents who entered the United States legally on a non-immigrant visa or through a visa waiver program are typically eligible to apply for adjustment of status through marriage.

Do I need to hire an immigration attorney for the adjustment of status process?

Only if you don't want to experiment with something so important for your life. Immigration authorities are very specific on their requirements. Small mishaps lead to delays that could last years, rejections, or worse, denials - often irreversible. For example, a small mistake and you don't get your work permit for months, effectively erasing any savings you may have had by not hiring an attorney.

How long does the adjustment of status process take?

Faster if done right. Jokes aside, processing times can vary depending on factors such as USCIS workload, locality, applicant volume, and individual circumstances. While some cases may be processed relatively quickly, others may experience delays.

What happens if my temporary visa expires during the adjustment of status process?

Applicants are generally permitted to remain in the United States while their adjustment of status application is pending, even if their temporary visa expires during the process. That being said, schedule a call with our team for specifics.

What if I have past criminal convictions or immigration violations?

It depends. Applicants with past criminal convictions or immigration violations may face challenges during the adjustment of status process. Depending on the circumstances, waivers or other forms of relief may be available. Consulting with an immigration attorney is critical to assess eligibility and navigate potential issues.

Can I work or travel while my adjustment of status application is pending?

Applicants may be eligible to apply for employment authorization and travel documents while their application is pending. However, it's essential to follow the proper procedures and obtain the necessary approvals before engaging in any work or travel activities.

What if my marriage ends before my adjustment of status is approved?

If the marriage ends before the adjustment of status is approved, the applicant's eligibility for permanent residency may be affected. In such cases, it's crucial to consult with an immigration attorney to explore alternative options and address any potential consequences.

Can I apply for adjustment of status if my spouse is a lawful permanent resident (green card holder) instead of a US citizen?

No.

What is consular processing for marriage-based immigration, and how does it differ from adjustment of status?

Consular processing for marriage-based immigration is the method of obtaining a green card for spouses of US citizens or lawful permanent residents who are outside the United States. It involves attending an interview at a US embassy or consulate abroad to obtain an immigrant visa, whereas adjustment of status is for spouses already within the US to apply for permanent residency without leaving.

Who is eligible for consular processing in the context of marriage-based immigration?

Spouses of US citizens or lawful permanent residents who are outside the United States or ineligible for adjustment of status within the US may opt for consular processing. Schedule a consult for specifics.

How does consular processing for marriage-based immigration work?

The process typically begins with the US citizen or permanent resident spouse filing petition with immigration authorities. Once approved, the case is forwarded to the National Visa Center (NVC), where more filings are required. The applicant is then scheduled for an interview at a US embassy or consulate abroad to determine eligibility for an immigrant visa.

Can the spouse stay in the US during consular processing for marriage-based immigration?

Generally no. The spouse typically must wait outside the US until their immigrant visa is issued. Attempting to enter the US while consular processing is pending could complicate the process or result in denial of the immigrant visa.

Is consular processing faster than adjustment of status for marriage-based immigration?

Generally no. The processing time for consular processing varies and is case and country dependent.

Advantages of Complimentary Consultation

Immigration matter analysis and tailored evaluation

Case recommendation and potential strategy

Potential red flags assessment

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See our privacy policy to learn more.

This website and our general online presence contains general information about Alien Attorney (a Pandeli Law brand) and is not intended to serve as a source of legal advice for any purpose. Neither receipt of information presented on this site nor any email or other electronic communication sent to Alien Attorney or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Alien Attorney expressly disclaims liability with respect to actions taken or not taken based on the contents of this site. Prior results do not guarantee a similar outcome.

See our privacy policy to learn more.