​​​​Spouse of US Citizen living in the United States

If you are a U.S. citizen and your spouse is already living in the United States, the process for obtaining a green card is called adjustment of status. In this process, your spouse applies for a green card directly through USCIS, without involving a U.S. embassy or consulate.

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The adjustment of status process begins by filing a spousal petition, an adjustment of status application (green card application), an affidavit of support, and, if needed, an application for employment authorization with USCIS. There are no separate stages in this process. A spouse of a U.S. citizen who is living in the United States may file all required applications concurrently at the same time.

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Filing a family petition is to prove that your relationship is bona fide. The goal is to show that your marriage or partnership is genuine and not solely for immigration purposes.

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Filing an Adjustment of Status (AOS) application allows you to change your non-immigrant visa status to permanent residency (green card). This process also demonstrates that you are a person of good moral character, with no immigration violations or criminal record. Generally, only those who entered the U.S. lawfully can adjust their status. However, exceptions may apply for individuals who entered without inspection, overstayed their authorized period, or worked without a permit.

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Submitting an Affidavit of Support shows that the applicant has a financial sponsor who can support them, ensuring they will not rely on public benefits. Typically, the U.S. citizen spouse serves as the sponsor. If the spouse does not earn enough or does not work, a joint sponsor can be used. A joint sponsor does not have to be a family member, but must be either a U.S. citizen or lawful permanent resident. Tax records are often required to prove that the sponsor meets the income requirements.

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Because the green card process can take several months, applicants are often issued a work permit and Social Security card. This allows them to work legally and obtain other essential documents, like a driver’s license, while waiting for USCIS to approve their application.

Whether an interview is required is somewhat random. In some cases, if the bona fide relationship can be convincingly demonstrated with documents, the interview may be waived. However, recent trends indicate that USCIS is more likely to schedule interviews for most applicants.

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In situations where the marriage is recent or the couple has lived apart for a significant period of time, documentary evidence may be limited. In those cases, affidavits from family members or close friends can be used to explain how they know the couple and why they believe the marriage is genuine.​

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Once the adjustment of status application is approved, you may receive either a ten-year green card or a two-year conditional green card. Many applicants are surprised by the two-year validity period, but this distinction is based entirely on the length of the marriage at the time the green card was approved. When a marriage is less than two years old at the time of approval, USCIS issues a conditional green card. The purpose of this conditional status is to give the government an additional opportunity to confirm that the marriage is genuine and was not entered into solely for immigration purposes. If the marriage is already two years old or more at the time of approval, USCIS issues a standard ten-year green card.

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Attorney Fee: $3000

✓ Green Card Processing Time: 5–14 months.

✓ Work Permit Processing Time: 2-6 months. 

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.​​​​​​​​​​​​​​​​

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At Dream Immigration Law, we’ve helped countless couples reunite and start their lives together in the U.S. Whether your spouse is abroad or already here, we’re here to make the process clear, honest, and stress-free — every step of the way.