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).
⚠️ Policy update (May 21, 2026): USCIS Policy Memo PM-602-0199 instructs officers to treat adjustment of status as discretionary “administrative grace” granted only in extraordinary circumstances, and points most applicants toward consular processing abroad. It has no grandfathering clause, so it is widely read as reaching already-pending I-485 applications. Marriage-based applicants still file the same package below, but meeting the requirements no longer makes approval near-automatic — expect more Requests for Evidence, longer waits, and interview questions about why you chose adjustment over consular processing. Documenting positive ties (long residence, family, employment, tax compliance) matters more than ever. 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: 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) | $1,440 (biometrics included) |
| I-765 | Application for Employment Authorization (work permit while waiting) | $260 (discounted when filed with I-485; optional) |
| I-131 | Application for Travel Document (Advance Parole) | $630 (optional) |
| I-693 | Medical Examination + required vaccinations (USCIS civil surgeon) | ~$300-$500 separately |
| I-864 | Affidavit of Support (sponsor’s financial commitment) | No fee |
| Total | $2,115 mandatory (I-130 + I-485) · $3,005 with work permit + travel document · + medical |
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. Cases filed before that date keep free EAD/AP renewals while pending. Full breakdown on the I-485 guide.
Fee waiver: I-485 fee waivers (Form I-912) are limited to specific humanitarian categories (VAWA, U/T visa, asylee adjustment, and similar) — typical marriage-based applicants pay full fees; verify your category in the USCIS G-1055 fee schedule. 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 | $2,115-$3,005 | $675 (I-129F) + 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: 2026-06-10.
← 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.
Related immigration cases & rulings — where they stand
General information on litigation, not legal advice. Checked: 2026-07-25.
Adjustment-of-status discretion memo (PM-602-0199)
Last checked: 2026-07-25
DecidedPublic-charge rule (final — effective Sept. 18, 2026)
Last checked: 2026-07-25
DecidedGreen-card holders at reentry: Blanche v. Lau
Last checked: 2026-07-25
In effect nowUSCIS Notice to Appear policy: when a denied application can lead to removal proceedings
Last checked: 2026-07-25