Adjustment of status is the process of applying for a green card from inside the United States after marrying a US citizen. You file Form I-485 along with a spousal petition, attend biometrics, and interview together at a local USCIS office. In 2026, the process is shaped by a new public charge rule and a revised Form I-485 that took effect September 18.
What Adjustment of Status Actually Means
Adjustment of status is how someone already physically present in the United States applies for lawful permanent residence without leaving the country. It is governed by Section 245 of the Immigration and Nationality Act.
For married couples, it is the step that turns a valid marriage to a US citizen into a green card. But marriage alone does not adjust anyone’s status. You still need to file the forms, pay the fees, attend the appointments, and pass the interview.
Who Can Adjust Status Through Marriage
If You Married After Entering on a K-1 Visa
This is the most common path. You entered on a K-1 visa, married your sponsoring US citizen within 90 days, and now need to adjust from K-1 nonimmigrant status to lawful permanent resident. Your adjustment application must be based on the marriage to the same person who filed the K-1 petition. You cannot adjust through a K-1 based on marriage to someone else.
See what happens after the K-1 wedding for the full post-marriage sequence.
If You Married While in the US on Another Status
If your spouse is in the US on a valid nonimmigrant visa (tourist, student, work) or was inspected and admitted and then overstayed, they may be able to adjust status as the immediate relative of a US citizen. The immediate relative category is exempt from the annual visa caps and from most bars related to status violations.
The key requirement is that the person was inspected and admitted or paroled into the United States. Entry without inspection generally blocks adjustment unless a narrow exception applies.
If You Married Abroad or Online
If you married abroad and your spouse is not yet in the United States, adjustment of status is not available because your spouse is not physically present. You would file Form I-130 and process the case through a US consulate abroad.
If you married through a legal online ceremony and your spouse is already inside the United States with a lawful entry, adjustment may be available. If they are outside the United States, the case goes through consular processing. See online marriage for immigration purposes for how that path works.
The Forms You Need to File
Form I-130 Petition for Alien Relative
This is the spousal petition. It establishes that you are a US citizen and that you have a valid marriage. It is the foundation of the entire case. Filing fee: $535.
Form I-485 Application to Adjust Status
This is the green card application itself. It asks about your spouse’s immigration history, employment, and eligibility for adjustment. Filing fee: $1,440, which includes biometrics.
Important: if you are filing on or after September 18, 2026, you must use the new 09/18/26 edition of Form I-485. There is no grace period. See the new Form I-485 and which edition to use for the details.
Form I-864 Affidavit of Support
The sponsoring US citizen must prove they can financially support the immigrant spouse at 125% of the federal poverty guidelines. The new Form I-864 (edition 08/24/26) now authorizes USCIS to pull the sponsor’s credit report. No filing fee.
Form I-765 Employment Authorization
This requests a work permit (Employment Authorization Document, or EAD) while the adjustment application is pending. There is no separate filing fee when filed concurrently with Form I-485.
Form I-131 Advance Parole
This requests permission to travel outside the United States while the adjustment is pending. Leaving without advance parole while an adjustment application is pending can result in the application being considered abandoned. No separate filing fee when filed concurrently.
Concurrent Filing: Submitting Everything Together
Spouses of US citizens can file Forms I-130, I-485, I-765, and I-131 together in one package. This is called concurrent filing, and it is the standard approach for immediate relatives.
The advantage is efficiency. Everything starts processing at once, and USCIS can issue the work permit and travel document while the underlying petition and adjustment application are still pending.
Make sure every form in the packet uses the correct edition as of your filing date. One outdated form can cause the entire package to be returned.
What Happens After You File
Receipt Notices
Within two to four weeks, you will receive separate receipt notices (Form I-797C) for each form in the package. Each has its own receipt number. Keep all of them.
Biometrics Appointment
USCIS will schedule your spouse for a biometrics appointment at a local Application Support Center, usually within four to eight weeks of filing. This involves fingerprints, a photograph, and a digital signature. Do not miss this appointment. Rescheduling causes delays.
The EAD and Advance Parole Combo Card
USCIS typically issues a single combo card that serves as both the work permit and the advance parole document. Current processing time for the combo card is roughly three to five months after filing.
Until the combo card arrives, your spouse cannot work and cannot travel outside the United States without risking the adjustment application.
The Adjustment Interview
USCIS will schedule an in-person interview at a local field office. Both spouses attend. The officer reviews the documents, asks questions about the marriage and relationship history, and makes a determination. Current wait times for adjustment interviews vary widely by field office, from a few months to over a year.
How the September 2026 Changes Affect This Process
Two changes that took effect in September 2026 directly affect the adjustment process. The new public charge rule gives officers broader discretion to consider public benefits when deciding adjustment applications filed on or after September 18. The new Form I-485 aligns with that rule and is mandatory for filings on or after September 18.
If your case was filed and accepted before September 18, it remains under the prior framework. See how the September public charge change works for the full breakdown.
Additionally, the August 5 policy change allowing denials without an RFE applies to adjustment cases. A complete, well-documented filing is more important than ever.
How Long Does Adjustment of Status Take
For marriage-based cases, the total time from filing to green card approval is typically 8 to 14 months in 2026, depending on the local USCIS field office’s interview backlog. Some offices are faster. Some are significantly slower.
The combo card (work permit and travel document) usually arrives within three to five months. That is the point at which your spouse can begin working and traveling while waiting for the final interview and decision.
What You Get: the Conditional Green Card
If your marriage was less than two years old on the date the green card is approved, your spouse receives a conditional green card valid for two years. Before it expires, you must jointly file Form I-751 to remove the conditions. See removing conditions on the green card later for how that process works.
If your marriage was more than two years old on the approval date, your spouse receives a standard ten-year green card.
Frequently Asked Questions
Can my spouse work while the adjustment application is pending?
Not until the Employment Authorization Document (EAD) is issued, which typically takes three to five months. There is no work authorization during the gap between filing and receiving the EAD.
Can my spouse travel while the adjustment is pending?
Only with an approved Advance Parole document. Leaving the US without it while the adjustment is pending can result in the application being treated as abandoned.
What is concurrent filing?
It means filing the I-130 petition, I-485 adjustment application, I-765 work permit request, and I-131 travel document request all together in one package. It is the standard approach for immediate relatives of US citizens.
Do both spouses have to attend the interview?
Yes. Both the petitioning US citizen and the applicant spouse must appear at the adjustment interview. Bring originals of all documents you submitted copies of, plus updated evidence of the ongoing relationship.
How much does adjustment of status cost?
Government fees total approximately $1,975 to $2,100 depending on specific filing categories. This includes the I-130 filing fee ($535), the I-485 filing fee ($1,440 including biometrics), and no additional fee for I-765 and I-131 when filed concurrently. [VERIFY: confirm current fees on USCIS G-1055.]
File It Right the First Time
The adjustment process is not complicated in theory, but the number of forms, the edition date requirements, and the September 2026 rule changes create real opportunities for mistakes. A rejected filing costs you time, and time costs you months without a work permit or travel document.
Our immigration attorney services include full adjustment packet preparation and review. Book a free consultation about your case and bring your marriage certificate, your spouse’s passport, and any prior immigration documents.