Marriage-Based Green Card (AOS) Step-by-Step for Couples Living in the U.S.

The journey to obtaining a marriage-based Green Card is one of the most meaningful steps a couple can take. For those already residing in the United States, the process is known as Adjustment of Status (AOS). It allows the spouse of a U.S. citizen to apply for lawful permanent residency without having to leave the country.

Here is a summary of the primary steps involved:

• Confirm Eligibility: Ensure both the U.S. citizen petitioner and the immigrant spouse meet all legal requirements.
• File the Petition Packet: Submit the required forms, including Form I-130 and Form I-485, along with supporting documents and fees.
• Biometrics Appointment: Attend an appointment to provide fingerprints, a photograph, and a signature.
• Attend the Interview: Both spouses will attend an interview with a USCIS officer to verify the authenticity of the marriage.
• Receive a Decision: Await the final decision and, upon approval, the arrival of your Green Card.

What Documents Are Required?

A successful application depends on thorough and accurate documentation. While every case is unique, a typical filing packet includes several key items to prove identity, legal entry, and the legitimacy of your marriage.

For the U.S. Citizen Petitioner:

• Proof of U.S. citizenship (e.g., U.S. passport, birth certificate, or naturalization certificate).
• Form I-130, Petition for Alien Relative.
• Form I-864, Affidavit of Support, to show financial capacity to support the immigrant spouse.

For the Immigrant Spouse:

• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Copy of your birth certificate and passport.
• Proof of lawful entry into the U.S. (e.g., I-94 travel record).
• Form I-765, Application for Employment Authorization (optional, but recommended).
• Form I-131, Application for Travel Document (optional, for advance parole).
• Results of a medical examination conducted by a USCIS-approved civil surgeon.

Evidence of a Bona Fide Marriage:

This is crucial. You must prove your marriage is genuine and not solely for immigration purposes. Evidence can include:

• Joint bank account statements.
• A lease or mortgage showing you live together.
• Shared utility bills, insurance policies, or credit card statements.
• Photos of your wedding and life together with family and friends.
• Affidavits from friends and family attesting to your relationship.

How Long Does the Process Take?

This is a very common and understandable question. Processing times can vary significantly based on your location and the current USCIS caseloads. Generally, the entire process, from filing to receiving the Green Card, can take anywhere from 10 to 24 months, or sometimes longer. After filing, you can typically expect to receive work authorization and a travel document within 6 to 9 months, which allows you to work and travel while your Green Card application is pending.

What Should We Expect During the Interview?

The marriage-based Green Card interview is the final step in the process and often the most nerve-wracking for couples. The primary goal is for the USCIS officer to confirm your marriage is authentic. You will both be placed under oath and asked questions about your relationship and daily life together.

Questions can range from how you met and when your relationship became serious, to details about your home, your daily routines, and your future plans. While most interviews are conducted with both spouses present, you could be separated and asked questions individually if the officer has doubts. The key is to be honest, consistent, and calm. Reviewing your application and documents together before the interview can help you feel prepared.

Your Immigration Ally for Life’s Biggest Moments

The path to a marriage-based Green Card is a journey of hope, and you should not have to walk it with uncertainty. At Sverdloff Law Group, we understand that this is more than just a legal process; it is about building your future together. Our mission is to provide the legal guidance and empathetic support you need to navigate every step.

If you are ready to begin your Adjustment of Status journey, contact us today. Let us be your trusted ally in securing your life together in the United States.