How to Change Status After Marrying a United States Citizen or Permanent Resident

If you are a nonimmigrant in the United States and you marry a U.S. citizen or a lawful permanent resident, you may be able to adjust your status to that of a lawful permanent resident. To be eligible to adjust your status, you must meet the following requirements:

You must be the beneficiary of an immigrant visa petition filed by your U.S. citizen or lawful permanent resident spouse.

You must have an immigrant visa available to you.

You must be admissible to the United States.

You must file an application to adjust your status with the U.S. Citizenship and Immigration Services (USCIS).

You must attend an interview with a USCIS officer.

If you are approved, you will receive a green card. If you are denied, you will receive a written explanation of the reason for the denial.

The following is a brief overview of the process of adjusting status after marrying a U.S. citizen or a lawful permanent resident.

1. File a Petition

Your U.S. citizen or lawful permanent resident spouse must file a Form I-130, Petition for Alien Relative, on your behalf. This petition must be filed with USCIS.

2. Wait for a Visa Number

If you are the principal beneficiary of the petition, you will be given a priority date. You will not be able to adjust your status until a visa number is available to you. The Department of State publishes a monthly Visa Bulletin which lists the priority dates for each foreign country.

3. File an Application to Adjust Status

Once you have a visa number available to you, you must file Form I-485, Application to Adjust Status, with USCIS. You must also submit the following:

• Form I-864, Affidavit of Support
• Two photos
• Proof of your identity and lawful status
• Proof of your relationship to your U.S. citizen or lawful permanent resident spouse
• Proof of your employment history
• Proof of your educational attainment
• Medical examination results

All the forms are free to download from the U.S. government, but you will have to pay fees to submit them. For adjusting status based on marriage, the main forms are:

• Form I-130, Petition for Alien Relative, with I-130A supplement (if you haven't already submitted and had your I-130 approved), signed by the U.S. petitioner.
• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Form I-864, Affidavit of Support (in which the U.S. petitioner signs a contract with the government to provide financial support for the immigrant), plus supporting documents showing the petitioner's financial capacity.
• Form I-944, Declaration of Self Sufficiency, was added in 2020 to test whether the immigrant is subject to the public charge ground of inadmissibility.
• Form I-131, Application for Travel Document (optional if the immigrant wants to travel outside the U.S. during the wait for approval, which will probably take months).
• Form I-765, Application for Employment Authorization (optional if the immigrant wants to work in the U.S. while awaiting approval.
• Form I-693 Report of Medical Examination and Vaccination Record, filled out by a USCIS-approved physician and kept in a sealed envelope.
• Form G-1450, Authorization for Credit Card Transactions, if you wish to pay by credit card rather than check or money order.

4. Attend an Interview

You must attend an interview with a USCIS officer.

5. Receive a Green Card

If you are approved, you will receive a green card. If you are denied, you will receive a written explanation of the reason for the denial.