Marriage to US citizen + Adjustment of Status (I-130/I-485)
Marriage to US citizen path to green card via Adjustment of Status. Forms I-130, I-485, I-765, I-131, I-693. Fees, timelines, common issues, K-1 vs AOS comparison.
Adjustment of Status (AOS) via marriage to a US citizen is the most common path from undocumented or out-of-status to green card. The “245(a) cure” allows USC immediate relatives to bypass typical bars (visa overstay, unlawful presence under 1 year).
Overview
Who qualifies:
- You are physically in the US
- You are married to a US citizen (bona fide marriage)
- You entered the US with inspection (visa, parole) OR fall under 245(i) grandfather (rare)
- No serious criminal record
- USC spouse can sponsor financially
Note: If you entered EWI without I-601A waiver, AOS is generally NOT available — use Consular Processing with I-601A instead.
The package (one envelope to USCIS)
| Form | Purpose | Fee |
|---|---|---|
| I-130 | Petition for Alien Relative (filed by USC spouse) | $675 |
| I-485 | Application to Adjust Status (filed by intending immigrant) | $1,225 |
| I-765 | Application for Employment Authorization (work permit while waiting) | Included in I-485 |
| I-131 | Application for Travel Document (Advance Parole) | Included in I-485 |
| I-693 | Medical Examination + required vaccinations (USCIS civil surgeon) | ~$300-$500 separately |
| I-864 | Affidavit of Support (sponsor’s financial commitment) | No fee |
| Total | ~$1,900 + medical |
Fee waiver: Form I-485 (AOS itself) may be waived via Form I-912 if income is low. Asylum-based AOS remains potentially waivable for asylees; VAWA-based AOS is free. Note: the underlying I-589 asylum application now has a $100 filing + $100/year AAF effective 2026-05-29 per H.R.1 / OBBBA.
Timeline
| Stage | Time |
|---|---|
| File package + receipt notice | 2-4 weeks |
| Biometrics appointment | 4-6 weeks after filing |
| EAD + Advance Parole approval | 4-7 months after filing (combo card) |
| Interview scheduled | 8-15 months after filing |
| Interview + decision | Day of |
| Green card arrives | 2-6 weeks after approval |
| Total | 10-18 months typical |
Required evidence at interview
Proof of bona fide marriage:
- Joint lease or mortgage
- Joint bank accounts (showing actual use)
- Joint tax returns
- Photos together over time (varied dates, places, events)
- Cards/letters between spouses
- Shared insurance, beneficiary designations
- Children’s birth certificates (if any)
- Affidavits from family/friends about your relationship
Personal documents:
- Both spouses’ birth certificates
- Marriage certificate
- Divorce certificates from prior marriages (if any)
- USC spouse’s proof of citizenship (passport, naturalization cert, birth certificate)
- Police clearances if foreign criminal history
Common errors
- Failure to disclose prior immigration history (causes denial)
- Insufficient marriage evidence (perceived as “fraud marriage”)
- Working without authorization between filing and EAD (jeopardizes case)
- Missing the biometrics appointment
- Failing to update USCIS on address changes (Form AR-11, within 10 days)
- Lying on N-400 about prior marriage(s)
After green card
- Conditional 2-year green card if married less than 2 years at time of approval
- File Form I-751 (Remove Conditions) 90 days before 2-year card expires
- Naturalize to USC after 3 years (Form N-400)
Vs K-1 fiancé visa
| AOS via Marriage | K-1 Fiancé | |
|---|---|---|
| Where currently? | In US | Outside US |
| Final processing | In US | Consular interview abroad |
| Total time | 10-18 months | 9-15 months |
| US Citizen sponsor only | Yes | Yes |
| Total cost | ~$1,900 | ~$675 + adjustment after marriage |
Resources
- USCIS I-485 page: uscis.gov/i-485
- USCIS I-130 page: uscis.gov/i-130
- CLINIC family-based: cliniclegal.org
Last verified: 2026-05-25.
← See all paths to legal status
Related procedural information
- Consulate of your country in the US — passport renewal, consular ID, document apostille
- ITIN — file federal taxes without SSN — required regardless of immigration status
- USCIS form library — federal immigration forms (I-130, I-485, N-400, etc.)
- Find an immigration attorney — pro bono lists + AILA + BIA-recognized
- Know Your Rights — ICE encounters — constitutional protections
General procedural information based on official sources. Not personalized legal advice.
Frequently asked questions
Do I need an attorney for these paths to status?
If I'm undocumented, can ICE arrest me if I apply for an immigration benefit?
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How do I know which path applies to me?
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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.