Marriage to US citizen + Adjustment of Status (I-130/I-485)

Adjustment of Status (AOS) lets a person already in the United States apply for a green card without leaving. For the spouse of a US citizen (an immediate relative), the citizen files Form I-130 and the spouse files Form I-485. Under INA § 245(a) (8 U.S.C. § 1255(a)), adjustment is available, in USCIS’s discretion, to a person who was inspected and admitted or paroled into the United States. INA § 245(c)(2) bars adjustment for unauthorized employment before filing, being in unlawful status on the filing date, or failing to maintain lawful status since entry, but that bar expressly does not apply to an immediate relative. The unlawful-presence grounds of inadmissibility under INA § 212(a)(9)(B) are a separate issue (see the policy note below).

⚠️ Policy update (May 21, 2026): USCIS Policy Memorandum PM-602-0199 is titled Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process. It states that adjustment under INA § 245 is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas, and that adjudicators must weigh all positive and negative factors, including family ties, immigration status and history, the applicant’s moral character, and any other relevant factor. Marriage-based applicants still file the same package below; meeting the eligibility requirements does not by itself guarantee approval. Before considering consular processing instead, understand the unlawful-presence re-entry bars triggered by leaving the US — full explanation on Adjustment of status vs consular processing.

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: INA § 245(a) covers a person who was inspected and admitted or paroled; section 245(i) is a separate, limited exception. Form I-601A, Application for Provisional Unlawful Presence Waiver, is part of a different process: USCIS describes it as an application certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use to request a provisional waiver of the unlawful presence grounds of inadmissibility under INA § 212(a)(9)(B) before departing the United States for an immigrant visa interview at a U.S. Embassy or Consulate.

The package (one envelope to USCIS)

Filing this package near mid-September 2026? Two forms in it were scheduled to change editions, and they have gone in opposite directions — read both lines before you seal the envelope.

• Form I-765 — the change did NOT happen. On September 14, 2026 the US District Court for the District of Massachusetts postponed the effective date of the rule behind the new editions and preliminarily enjoined DHS from implementing it (Presidents’ Alliance on Higher Education and Immigration, et al., v. DHS, No. 26-cv-13799 (D. Mass.)). USCIS “continues to accept the 08/28/24 edition of Form I-539 and 08/21/25 edition of Form I-765 and is not accepting the 09/15/26 edition of Forms I-539 and I-765.” Keep using I-765 edition 08/21/25. This is a postponement pending the litigation, not a cancellation.
• Form I-485 — in effect since September 18, 2026, no grace period. USCIS now accepts only the 09/18/26 edition; the 01/20/25 and 09/04/26 editions are rejected if postmarked or electronically submitted on or after September 18, 2026. The 09/18/26 edition was revised to align with the Public Charge Ground of Inadmissibility final rule.

See the Form I-485 guide and the Form I-765 guide.

Fees above are the paper-filing amounts in Form G-1055, edition 10/07/26 (checked Oct. 15, 2026). The same schedule lists online-filing amounts of $625 for Form I-130 and $1,390 for Form I-485. USCIS has announced inflation adjustments to certain H.R.1 immigration-related fees effective Oct. 16, 2026; a request postmarked on or after that date without the proper fee is rejected.

Since April 1, 2024 USCIS unbundled the package: the work permit (I-765) and Advance Parole (I-131) are no longer included with the I-485 — each costs extra even when mailed in the same envelope. Form G-1055 sets the EAD and advance-parole filing fee at $0 if you filed Form I-485 on or after July 30, 2007, and before April 1, 2024, paid the required I-485 filing fee, and the I-485 is still pending; a separate immigration parole fee (Pub. L. 119-21) applies to certain advance-parole approvals. Full breakdown on the I-485 guide.

Fee waiver: Form G-1055 states that certain filers may qualify for a fee waiver for certain forms and points to Form I-912 to determine eligibility; the I-485 row of the USCIS G-1055 fee schedule lists the categories with reduced or $0 fees. Form I-485 filed as a VAWA self-petitioner (including derivatives) is $0. Note: the I-589 asylum application now has a $100 filing fee + $105/year (FY2027) annual asylum fee per H.R.1 / OBBBA (required since July 22, 2025), both charged to the principal applicant only, with the annual fee due when USCIS notifies you; G-1055 states these fees may not be waived and, as of Feb. 5, 2026, do not apply to Ms. L. Settlement Class members and their Qualifying Additional Family Members filing as principal applicants.

Medical form and later work or travel filings

The USCIS I-485 page states these filing rules (checked October 23, 2026):

• Mailed I-485: USCIS requires Form I-693 with the application package in the original sealed envelope provided by the civil surgeon.
• Online I-485: when Form I-693 or a partial Form I-693 (such as the vaccination record) is required, USCIS says the applicant opens the civil surgeon’s sealed envelope and uploads the completed Form I-693 with the application package, and keeps the original Form I-693 and the envelope until USCIS makes a final decision on the I-485.
• Later I-765 and/or I-131: if these forms are filed after Form I-485 rather than concurrently, USCIS requires a copy of Form I-797C, Notice of Action (the receipt), as evidence that Form I-485 was filed.

Timeline

USCIS does not publish one end-to-end timeline for this package. It posts processing times per form and per office on its case processing times page, which the I-485 page links as Check Case Processing Times; those figures change, so this page does not estimate them. The USCIS I-485 page notes that USCIS may decide that an applicant does not need to be interviewed.

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 report a change of address to USCIS within 10 days of moving (Form AR-11; per the USCIS AR-11 page, the requirement does not apply to A and G visa holders and visa waiver visitors)
• Lying on N-400 about prior marriage(s)

After green card

• Conditional 2-year green card if the marriage was entered into less than 24 months before the date permanent resident status is obtained (8 U.S.C. § 1186a(h)(1)); USCIS states a conditional permanent resident receives a Green Card valid for two years
• File Form I-751 (Remove Conditions): for a petition filed jointly with the U.S. citizen or permanent-resident spouse, USCIS says it must be filed during the 90-day period immediately before conditional residence expires, and a petition filed before that window opens may be rejected; the Form I-751 page gives different timing for other filing situations
• Naturalization (Form N-400) as the spouse of a US citizen: 8 U.S.C. § 1430(a) requires, among other conditions, at least three years of continuous residence after becoming a permanent resident and living in marital union with the citizen spouse during the three years before filing

Vs K-1 fiancé visa

Resources

• USCIS I-485 page: uscis.gov/i-485
• USCIS I-130 page: uscis.gov/i-130
• CLINIC family-based: cliniclegal.org

Last verified: 2026-09-24.

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Related procedural information

• Consulate of your country in the US — passport renewal, consular ID, document apostille
• ITIN — file federal taxes without SSN — for people with a US filing or reporting obligation who aren’t eligible for an SSN
• 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.