Adjustment of status is the process of changing from a temporary immigration status (tourist, student, worker) to permanent resident without leaving the United States. For spouses of US citizens, this is typically done by filing Form I-485 concurrently with the I-130 petition.
This is the pathway for couples where the foreign-born spouse is already physically present in the US.
To be eligible for adjustment of status as a spouse, your foreign-born spouse generally must:
Important exception: Spouses of US citizens who entered without inspection (EWI — crossed the border without authorization) are generally not eligible for adjustment of status. They would typically need to leave the US for consular processing, which may trigger a 3- or 10-year unlawful presence bar. This situation requires an attorney.
Overstayed a visa? Unlike most other categories, immediate relatives of US citizens (including spouses) can generally adjust status even if they have overstayed their visa, as long as they were originally admitted lawfully. This is a significant advantage of the immediate relative classification.
The power of adjustment of status for spousal cases is concurrent filing — submitting everything at once rather than waiting for the I-130 to be approved first. A complete concurrent filing package includes:
| Form | Purpose | Fee |
|---|---|---|
| I-130 | Petition for Alien Relative | $535 |
| I-485 | Application to Adjust Status | $1,440 (includes biometrics) |
| I-765 | Application for Employment Authorization (EAD) | Included in I-485 fee |
| I-131 | Application for Advance Parole (travel document) | Included in I-485 fee |
| I-864 | Affidavit of Support | No fee |
The I-765 and I-131 are optional but strongly recommended. The EAD lets your spouse work legally while the case is pending. Advance Parole lets them travel internationally without abandoning the pending application.
In addition to the forms, include:
For the I-485:
For the I-130 (see FilingTheI130Petition):
For the I-864 (see ImmigrationFinancialRequirements):
Before filing the I-485 (or before the interview), your spouse must complete a medical examination by a USCIS-designated civil surgeon. This is not a regular doctor visit — only physicians specifically authorized by USCIS can perform immigration medicals.
The exam includes:
Cost: $200-500 depending on location and which vaccinations are needed.
Timing: The I-693 is valid for 2 years from the date of the civil surgeon's signature. You can submit it with the initial filing or bring it to the interview. Filing it upfront often avoids delays.
Finding a civil surgeon: Use the USCIS tool at uscis.gov to find designated physicians in your area.
| Step | Typical Timeline After Filing |
|---|---|
| Receipt notices (I-797C) for all forms | 2-4 weeks |
| Biometrics appointment | 3-8 weeks |
| EAD card received | 3-8 months |
| Advance Parole received | 3-8 months (often combined with EAD as a combo card) |
| Interview scheduled | 8-18 months |
| Decision | At interview or within weeks after |
| Green card received | 2-4 weeks after approval |
Timelines vary significantly by USCIS field office. Some offices process cases in under a year; others take 2+ years.
In most cases, USCIS now issues a single card that serves as both the Employment Authorization Document and Advance Parole. This combo card lets your spouse both work and travel internationally.
Critical warning about travel: Do not travel internationally on Advance Parole if your spouse entered the US without inspection or has certain immigration violations. Departing the US could trigger re-entry bars. Consult an attorney before traveling.
During the months between filing and the interview:
For spouses already in the US, adjustment of status is usually the better choice because:
However, consular processing may be faster in some cases, particularly if the local USCIS office has very long wait times. Some couples whose spouse is abroad choose consular processing because the spouse receives a green card immediately on entry to the US rather than waiting months after arrival.