How to Help Your Spouse Get a Green Card Without Leaving the U.S.
By Orelmy Díaz, Esq.
If your spouse entered the United States with a visa and is now married to you, a U.S. citizen, they may be eligible to apply for a green card without having to leave the country. This process, known as Adjustment of Status (AOS), allows the immigrant spouse to become a lawful permanent resident while remaining in the U.S.
As an immigration attorney who once walked the immigration path myself, I’ve helped hundreds of couples file successful green card applications—and I want you to feel just as empowered and informed. This article breaks down the AOS process step-by-step, so you understand what’s required and how to avoid the most common mistakes.
Who Qualifies for a Marriage Green Card Without Leaving the U.S.?
To adjust status from within the U.S., your spouse must:
Have entered the country legally (with a valid visa, such as a tourist or student visa)
Be physically present in the U.S. at the time of filing
Be married to a U.S. citizen
Be admissible under immigration law
If your spouse has a criminal record, a prior immigration violation, or misrepresentation on a past application, consult an immigration attorney before filing. These issues may trigger inadmissibility and might require a waiver.
What makes someone inadmissible to the U.S.?
Forms You Need for Adjustment of Status
A marriage-based green card application consists of multiple forms that can be submitted together. Here's what you’ll need:
1. Form I-130 – Petition for Alien Relative
Filed by the U.S. citizen spouse to prove the relationship is real. You must also submit evidence of a bona fide marriage, such as:
Joint lease/mortgage
Shared bank or credit card accounts
Utility bills
Insurance with both names
Children’s birth certificates (if any)
2. Form I-130A – Information About the Immigrant Spouse
This for gathers additinal background details from the foreign spouse. They sign this form.
3. Form I-485 – Application to Register Permanent Residence
This is the actual green card application and must be signed by the foreign spouse.
4. Form I-864 – Affidavit of Support
This form is a legally binding promise from you (the U.S. citizen spouse) that you will financially support your immigrant spouse and ensure they won’t become dependent on public benefits. USCIS uses this form to evaluate whether your household meets the minimum income requirement to sponsor someone for a green card.
If your income isn’t high enough on its own, you can add a joint sponsor or use the income of another household member, as long as they also meet the requirements and sign their own version of the I-864.
2025 Poverty Guidelines for Affidavit of Support — USCIS
This link takes you directly to the official poverty guidelines USCIS uses to determine the income requirement. The income threshold depends on:
Your household size (including dependents and the immigrant spouse)
Whether you’re on active military duty
Whether you're using a joint sponsor
Always check these numbers before filing—the guidelines are updated annually.
5. Form I-693 – Report of Medical Examination
Your spouse must complete a medical exam with a USCIS-authorized civil surgeon. The sealed results must be submitted with your application.
Find a civil surgeon near you — USCIS Tool
6. Form I-765 – Application for Employment Authorization (Optional)
Allows your spouse to legally work while their green card application is pending. Recommended.
7. Form I-131 – Application for Advance Parole (Optional)
Allows your spouse to travel internationally during the green card process. Your spouse should not leave the U.S. until this is approved.
⚠️ Even with advance parole, traveling can carry risks. I recommend speaking with an attorney before planning any trip.
Fees and How to Pay USCIS
You must include the correct government filing fees with your application. Use:
Form G-1450 to pay by credit/debit card; or
Form G-1650 for ACH/direct debit
Each paid form must have its own separate payment authorization. Always check the latest fees on the USCIS Fee Schedule.
Mailing Your Application
Before you send anything to USCIS:
Double-check that you’ve included all required forms, signatures, fees, and supporting documents
Make digital scans or photocopies of everything for your records
Use a trackable mailing service, like USPS Priority Mail, FedEx, or UPS
Send your application to the correct USCIS Lockbox address based on where you live and whether you're using USPS or a private courier
🔗 Find the right mailing address here — USCIS Lockbox Filing Locations
⚠️ Avoid requiring a signature on delivery—it can delay processing at the Lockbox.
What Happens After You File?
Processing times can vary based on your local USCIS field office, current workloads, and even seasonal backlogs. While processing times vary by field office, here’s a general outline of what I’ve seen in most marriage-based green card cases over the past few years:
Typical Timeline After Filing
7–10 days
You’ll receive official receipt notices (Form I-797C) confirming that USCIS received your package and fees. These notices include your case numbers—save these.
2–3 weeks
Your spouse will get a biometrics appointment notice. This is when USCIS takes their fingerprints and photo for background checks.
2–4 months
If you included Forms I-765 (work permit) and I-131 (travel permit), these are often approved within this window.
6–12 months
USCIS will send your marriage-based interview notice. Both spouses must attend this interview. The timing can depend heavily on your local field office.
1–2 weeks after interview
You’ll typically receive a decision—either an approval or a Request for Evidence (RFE) if something is missing or needs clarification.
How Long Does It Take?
Processing times vary by location. On average, cases take 8 to 12 months, but some are faster and others may take longer depending on the local field office.
If your marriage is:
Under 2 years at approval → Spouse receives a 2-year conditional green card
2 years or more → Spouse receives a 10-year green card
To remove conditions, you’ll need to file Form I-751 90 days before the 2-year conditional card expires.
Free Resource: Your Step-by-Step Guide
Download the Free Marriage Green Card Guide
I created this guide to help couples just like you avoid delays, organize your documents, and understand the full process from start to finish.
Click here to download your Free Green Card Guide
🧡 Final Thoughts
Helping your spouse get a green card without leaving the U.S. is absolutely possible—and often the best path for couples already living together here. This process may seem overwhelming at first, but with the right information and careful preparation, you can move forward confidently.
You deserve to build your future without fear, separation, or legal confusion. If you ever feel stuck, know that you don’t have to do this alone.
