By Erick Widman, Immigration Attorney, Passage Immigration Law.
If you are married to a U.S. citizen and live in the United States, you may be able to apply for a green card without leaving the country. That process is called adjustment of status. This guide explains who can use it, what you file, what it costs in government fees, and what changed in 2025 and 2026 that affects how USCIS reviews these cases.
General information only. This is not legal advice for your situation, and every case turns on its own facts.
The short version
- A spouse of a U.S. citizen is an “immediate relative.” No visa quota applies, so a visa number is always available.
- To adjust status in the U.S., you must have been inspected and admitted or paroled, be physically present when you file, and not be barred or inadmissible, or qualify for a waiver.
- USCIS decides adjustment as a matter of discretion. In May 2026 USCIS reminded officers to weigh positive and negative factors, so the evidence you submit about your life and your marriage matters more than a checklist of forms.
- USCIS reviews whether the marriage is genuine when it decides the I-130 and again when it decides the I-485.
- Most marriage cases are interviewed. The U.S. citizen spouse generally attends with you.
Who can apply from inside the U.S.
Under INA 245(a), you may adjust status if you were inspected and admitted or paroled, you are eligible for an immigrant visa, a visa is immediately available, and you are admissible. A spouse of a U.S. citizen qualifies as an immediate relative under INA 201(b)(2)(A)(i), so a visa is always available.
Immediate relatives are exempt from several of the bars in INA 245(c). That means you can be eligible even if you are out of status on the date you file, worked without authorization, or violated the terms of a nonimmigrant visa. The USCIS Policy Manual lists these exemptions in Volume 7, Part B, Chapter 8.
Being exempt from a statutory bar does not guarantee approval. Adjustment is discretionary, and unlawful entry (without inspection) is a separate problem. If you entered without being inspected and admitted or paroled, you generally cannot adjust under INA 245(a). Narrow exceptions exist, such as INA 245(i). Talk to an attorney before you file or before you leave the United States.
What changed: how USCIS now weighs discretion
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. It states that adjustment of status is a matter of discretion and administrative grace and is not designed to replace the regular consular visa process. It directs officers to weigh all positive and negative factors in the totality of the circumstances, including family ties, immigration history, moral character, and conduct after admission or parole.
What the memo does and does not do:
- It does not change INA 245 and it does not stop USCIS from accepting marriage-based I-485 applications.
- It tells officers that applicants who were admitted as nonimmigrants or paroled and then stayed past their authorization, worked without authorization, or acted inconsistently with their status may have those facts counted against them, and that these facts must be offset by positive equities.
- It says that maintaining status in a dual-intent category (for example H-1B) is not inconsistent with applying for adjustment, but is not enough by itself to earn a favorable decision.
- It requires a written denial that explains the positive and negative factors if USCIS denies a case on discretionary grounds.
- By its own terms it guides USCIS staff and does not create rights that applicants can enforce.
What this means for you: build the positive side of the record. Tax returns, steady employment, family ties, a clean record, community involvement, and an honest, complete explanation of your immigration history all help.
The marriage is reviewed twice
In October 2025, USCIS updated Volume 6 of the Policy Manual (spousal petitions). USCIS states that it will review the bona fides of the marriage when it decides the I-130 and again when it decides the I-485. Practically, your evidence has to hold up at both stages and the marriage must still be intact when the I-485 is decided.
Evidence that tends to matter, depending on your facts: a shared lease or mortgage, joint bank accounts and bills, insurance showing each other as beneficiaries, photos across time and with family, travel records, ongoing communication, and statements from people who know you as a couple. This list is illustrative, not a required checklist.
What you file
USCIS lists the standard package for an immediate relative in the U.S. It generally includes:
- Form I-130, Petition for Alien Relative, which can be filed together with the I-485
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-864, Affidavit of Support, from the U.S. citizen spouse
- Form I-693, medical examination report, when required (USCIS may reject the I-485 if a required I-693 is missing)
- Passport-style photos, government ID, birth certificate, marriage certificate, and proof that any prior marriage ended
- Proof of admission or parole (for example Form I-94 and passport pages)
- Certified police and court records, if you have any arrests or charges
- Form I-765 (work permit) and Form I-131 (advance parole), which are optional and filed separately
A public charge final rule took effect September 18, 2026, and applies to Form I-485 applications postmarked or submitted on or after that date. Spouses of U.S. citizens are subject to the public charge ground. USCIS officers weigh age, health, family status, assets, resources and financial status, and education and skills, and may consider the Form I-864. For benefits received on or after September 18, 2026, USCIS says it will consider any means-tested public benefit. If you have received benefits, tell your attorney before you file.
Government filing fees (not attorney fees)
These come from the USCIS fee schedule, Form G-1055, edition dated 10/16/26 (checked October 16, 2026). The October 16, 2026 update changed only certain H.R. 1 fees for asylum, parole, TPS, and some initial work permits, so the fees below did not change.
| Form | Paper filing | Online filing |
|---|---|---|
| I-130, Petition for Alien Relative | $675 | $625 |
| I-485, Adjustment of status (age 14 and over) | $1,440 | $1,390 |
| I-765, work permit, filed with or while a fee-paid I-485 is pending | $260 | $260 |
| I-131, advance parole, with a pending I-485 | $630 | $580 |
| I-751, removal of conditions (later, if you receive a conditional green card) | $750 | $700 |
Confirm every fee on the USCIS fee schedule before you file. Fees change, and USCIS rejects filings with the wrong amount. USCIS no longer accepts checks or money orders for paper filings. Payment is by credit or debit card (Form G-1450), ACH (Form G-1650), or Pay.gov for online filing.
The interview
All adjustment applicants must be interviewed unless USCIS waives the interview, and for family-based cases USCIS generally requires the petitioner to appear with the applicant. Bring originals of your civil documents, current evidence of your life together, and updated financial documents. Answer truthfully and consistently with your forms. If you are asked why you applied for adjustment instead of consular processing, give a direct, factual answer, and let your attorney prepare you for it beforehand.
For a current estimate of how long cases take, check the USCIS processing times page. We do not publish a timeline here because it changes and varies by field office.
If your marriage is under two years old when you are approved
If you are married less than two years on the date you become a permanent resident, you receive a conditional green card valid for two years under INA 216. You and your spouse must file Form I-751 in the 90 days before the card expires to remove the conditions. If you are approved after two years of marriage, you receive a 10-year card.
Travel and work while your case is pending
Leaving the United States without advance parole while your I-485 is pending is generally treated as abandoning the application. Do not travel until you speak with an attorney about your facts. You may apply for a work permit when you file or while the I-485 is pending, and you should not start working on the basis of the application alone.
When you should talk to an attorney before filing
- You entered without inspection, or you are not sure how you entered
- You stayed past your authorized stay or worked without authorization
- You have any arrest, citation, or criminal charge, even if it was dismissed
- You have been in removal proceedings or have a prior removal order
- You have misrepresented anything to USCIS, a consulate, or a border officer, including past visa applications
- Your marriage is recent, your spouse was previously married, or you and your spouse live apart
- Your sponsor’s income does not meet the I-864 requirement
If you live in Oregon or SW Washington, see how our Portland family immigration lawyers handle marriage green card cases. If your spouse lives abroad instead, start with our overview of immigrant visas for family members and our step-by-step guide to CR-1 vs IR-1 spouse visas and the NVC.
Frequently asked questions
Can I file my I-130 and I-485 together?
Yes, if you are an immediate relative of a U.S. citizen and otherwise eligible. USCIS allows concurrent filing of the I-130 and I-485 for immediate relatives.
Does my spouse have to come to the interview?
Generally yes. USCIS policy says it generally requires the I-130 petitioner to appear with the principal adjustment applicant.
Can I stay in the U.S. while the case is pending?
Filing an I-485 does not by itself give you lawful status, but USCIS generally does not place applicants in proceedings solely because of a pending application, and you may apply for a work permit and advance parole.
What if I overstayed my visa?
As an immediate relative, you are exempt from several INA 245(c) bars, so an overstay does not automatically bar adjustment. It can still count against you as a discretionary factor. Have an attorney review your history before you file.
What if my marriage is less than two years old?
You would receive a two-year conditional green card, and you would file Form I-751 within the 90 days before it expires.
How much does it cost?
Government fees for a typical package are listed above. Attorney fees vary with the facts. Call (503) 427-8243 or Request a Consultation to discuss your case.
Next steps
If you are married to a U.S. citizen and want an attorney to review your eligibility, your evidence, and the risks in your history, Request a Consultation. You can also call (503) 427-8243.
Results depend on the facts of each case, and nothing here guarantees an outcome.
Sources
- INA 245(a), 8 U.S.C. 1255(a), adjustment of status
- INA 201(b)(2)(A)(i), 8 U.S.C. 1151(b)(2)(A)(i), immediate relatives
- INA 216, 8 U.S.C. 1186a, conditional permanent residence
- USCIS, Green Card for Immediate Relatives of U.S. Citizen (reviewed 01/30/2026)
- USCIS Policy Manual, Vol. 7, Part B, Ch. 8, Inapplicability of Bars to Adjustment
- USCIS Policy Manual, Vol. 7, Part A, Ch. 5, Interview Guidelines
- USCIS Policy Memorandum PM-602-0199 (May 21, 2026)
- USCIS Policy Alert, Family-Based Immigration: Spousal Petitions (Oct. 17, 2025, Policy Manual Vol. 6, Part B, Ch. 6)
- USCIS Form G-1055, Fee Schedule (edition 10/16/26)
- USCIS Policy Manual, Vol. 6, Part I, Family-Based Conditional Permanent Residents
- USCIS processing times
- USCIS, Guidance on Public Charge Inadmissibility Determination (Aug. 18, 2026)
- DHS, Public Charge Ground of Inadmissibility, 91 FR 45324 (July 20, 2026)
