How to Apply for a Marriage Green Card From Inside the U.S.

If your spouse is already in the United States, they may be eligible to apply for a Green Card through adjustment of status rather than attending a visa interview at a U.S. consulate abroad. This process allows eligible applicants to complete their Green Card application from within the United States and, in most cases, apply for work and travel authorization while the case is pending.

Adjustment of status involves multiple forms, supporting documents, and eligibility requirements, so it is important to understand the process before filing.

Who can adjust status?

Adjustment of status (AOS) from inside the U.S. is typically an option when a Green Card applicant has been lawfully admitted or paroled into the country. That generally means they’re in the U.S. with a valid visa status, such as a student or work visa.

Applicants must also have entered the U.S. with inspection, meaning they went through a valid port of entry, such as an airport, where a CBP officer reviewed and determined their admissibility into the U.S. Entering without inspection typically bars you from adjustment of status—limited exceptions exist, like under INA Section 245(i). If you or your spouse entered without inspection, consult a marriage Green Card attorney before assuming this path is unavailable.

When you can apply for a Green Card

If you are in the United States on a nonimmigrant visa, the timing of a Green Card application may depend on your visa type. Certain visas like the H-1B and L-1 visas, allow dual intent, meaning you can generally pursue permanent residence while maintaining your nonimmigrant status.

When you file too soon after entering the U.S. on a single-intent nonimmigrant visa, USCIS may believe you misrepresented your intent while applying for that visa: You used a visa that’s designed to be temporary, so that you could enter the country to seek permanent residence. The minimum recommended time you should wait before applying for a Green Card is often 90 days, though waiting longer can still lead to USCIS scrutiny if anything you said to obtain the nonimmigrant visa was misleading or materially false.

If you recently entered the U.S. and you plan to file for a Green Card soon, it’s worth it to consult with an immigration attorney before filing anything with USCIS.

How to file for a marriage Green Card inside the U.S.

Step 1: Gather supporting documents

A typical adjustment of status package includes several documents:

• Proof that the sponsoring spouse is a U.S. citizen or lawful permanent resident. 
• Marriage certificate
• Divorce decrees, annulment records, or death certificates for any prior marriages
• Proof of the applicant’s lawful admission or parole into the U.S., like a passport admission stamp or Form I-94
• Form I-130A, Supplemental Information for Spouse Beneficiary (required when filing for a spouse)
• Form I-864, Affidavit of Support, showing the sponsor meets the 125% federal poverty guideline
• Form I-693, Report of Immigration Medical Examination and Vaccination Record completed by a USCIS-designated civil surgeon
• Evidence of a bona fide marriage spanning the full period of the relationship: certified copies of marriage, divorce, or death records, joint bank statements, joint leases, insurance plans, photos together, texts or correspondence, etc.

Some documents can take time to receive, particularly certified copies of marriage, divorce, or death records. Gathering these documents early can help avoid delays during case preparation. 

Step 2: File Form I-130 and Form I-485

The sponsoring spouse must file Form I-130, Petition for Alien Relative. If the sponsoring spouse is a U.S. citizen, the foreign national spouse can also file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time (concurrent filing).

If the sponsoring spouse is a lawful permanent resident, the foreign national spouse may file Form I-485 only when an immigrant visa is immediately available under the F2A category for your country. To see whether concurrent filing is an option, check the latest Visa Bulletin for “current” priority dates under the F2A category.

Along with the I-485, the spouse can also file:

• Form I-765 for an Employment Authorization Document (EAD), allowing them to work for any U.S. employer while the case is pending
• Form I-131 for Advance Parole, which allows international travel while your Green Card application is pending

Step 3: Attendiometrics and the Green Card Interview

After filing, USCIS will usually schedule a biometrics appointment to collect fingerprints, a photo, and your signature for background checks. Most marriage-based Green Card cases require an in-person Green Card interview where the officer will review the application and evaluate whether the marriage is bona fide. Both spouses must attend the interview at a local USCIS field office. Bring originals of all the documents you submitted, plus any additional evidence of your shared life.

If USCIS needs more information or has questions about the relationship, the officer may schedule a more detailed interview, known as a Stokes interview, where the spouses are interviewed separately and their answers compared for consistency.

A final decision on your application will come after your interviews are complete.

What does adjustment of status cost?

As of 2026, government filing fees for a marriage based Green Card filed inside the United States typically costs over $2,000 and may be higher depending on which forms are submitted.

Additional costs can include the required immigration medical exam, certified copies of civil documents, document translations, and fees for work and  travel authorization applications.

Because USCIS filing fees can change, applicants should always confirm current fees on the USCIS website before filing.

Marriage Green Card attorney fees could add another $2,000 to $6,000, though applying on your own could prove more costly if your application leads to USCIS evidence requests or additional processing.

How long it takes to get a marriage Green Card in the U.S.

For spouses of U.S. citizens, the adjustment of status process typically takes one to two years from petition filing to final decision. Note that USCIS processing times vary based on workload and case complexity. 

Spouses of lawful permanent residents face longer wait times because immigration visas in the F2A category are subject to annual limits. In such cases, applicants will need to wait for their priority date to be current before they can file or receive an approval of Form I-485.

Start your Green Card planning today

Even if your spouse is already in the U.S. and eligible to start the Green Card process, creating a strong plan is vital before you submit anything to USCIS. Even seemingly minor errors or inconsistencies in your forms or supporting documents can lead to delays, additional costs, or requests for additional evidence could lead to added expenses, processing delays, and months of headaches. 

The attorneys at Manifest Law have experience helping married couples to apply for Green Cards, whether or not both spouses live in the U.S. They can help ensure the application is properly prepared and aligned with current USCIS requirements, whether both spouses are in the United States or abroad (consular processing). 

Request a consultation today so we can review your situation and help you file a strong, complete application.

FAQs when getting a marriage Green Card

Can my spouse adjust status if they entered on a tourist visa?

Yes, in many cases, though you may face additional questions from USCIS about the spouse’s intent at entry. A tourist visa is a lawful admission under INA 245(a), so your spouse is generally eligible as long as they did not overstay (though marriage after an overstay can still lead to a Green Card).

What happens if my spouse leaves the U.S. after filing I-485?

If Form I-485 is pending, the applicant should not travel internationally unless they have an approved Advance Parole. Leaving the United States without an advance parole is usually considered an abandonment of the adjustment of status application.  To avoid travel related issues, you should file Form I-131 (Advance Parole) concurrently with Form I-485 

What if my spouse has a prior visa denial or criminal history?

A prior visa denial doesn’t automatically lead to Green Card denial, however, the basis for denial matters. Cases involving fraud or material misrepresentation can create significant immigration consequences. 

Applicants must disclose all arrests and convictions on their application. Certain criminal offenses may require a waiver or may impact green card  eligibility.  

Can my Spouse work while applying for a Green Card? 

A Green Card applicant may only work in the United States after receiving an approved Employment Authorization Document (EAD) by filing Form I-765.

Form I-765 can be filed together with Form I-485, and the work permit is typically issued within a few months of filing, often well before the Green Card is approved.