Family immigration · Adjustment of status
Marriage Green Card Lawyer: Complete Adjustment of Status Package
Married to a U.S. citizen or green card holder and living in the United States? We prepare and file your complete marriage green card package (I-130, I-130A, I-485, I-765, I-131 and I-864), with every government fee listed up front. We serve couples from our Washington, DC office and nationwide by video, with consultations in English, Spanish, French and Arabic.
What the package includes
A marriage-based green card filed from inside the United States is really two cases moving together. The U.S. citizen or permanent resident spouse (the petitioner) proves the marriage with Form I-130. The foreign spouse (the beneficiary) asks USCIS to change their status to permanent resident with Form I-485. We prepare both sides, plus the supporting forms that let the beneficiary work and travel while the case is pending.
The six forms we prepare
- Form I-130, Petition for Alien Relative, signed by the petitioner. It establishes that a real, legal marriage exists.
- Form I-130A, Supplemental Information for Spouse Beneficiary, with the foreign spouse's address, employment and family history.
- Form I-485, Application to Register Permanent Residence or Adjust Status, the green card application itself.
- Form I-765, Application for Employment Authorization, so the beneficiary can work while the I-485 is pending.
- Form I-131, Application for Travel Document, to request advance parole for travel abroad during the case.
- Form I-864, Affidavit of Support, the petitioner's binding financial promise, with tax and income evidence and a joint sponsor's I-864 where needed.
We also review the beneficiary's entry record and immigration history, organize the marriage evidence into an indexed exhibit list, coordinate the sealed medical exam from a USCIS-designated civil surgeon (Form I-693), and assemble one bundled packet so USCIS receives everything together.
What is not included
Your written engagement letter states the exact scope before any work begins. Items that are scoped case by case include responses to a Request for Evidence, attorney attendance at the green card interview, certified translations, the civil surgeon's own charge for the medical exam, and any waiver application. If your history raises a ground of inadmissibility, we tell you at intake rather than after filing.
Who can file from inside the United States
Adjustment of status is available to a spouse who is physically in the United States and meets the requirements of INA 245. In general, the beneficiary must have been inspected and admitted or paroled into the country. How a person entered matters more than almost anything else, so we confirm it from the I-94 record and passport stamps before we recommend this route.
Spouses of U.S. citizens: filing everything together
The spouse of a U.S. citizen is an immediate relative. There is no annual cap and no waiting line, so the I-130 and I-485 can be filed at the same time. Federal regulations treat an I-485 as properly filed whether it is submitted with the I-130 or after it (8 CFR 245.2). For immediate relatives who were admitted lawfully, some status problems, such as overstaying a visa, generally do not block adjustment. Unauthorized work, a prior entry without inspection, or a misrepresentation can, so each one needs a closer look.
Spouses of green card holders: waiting for a visa number
The spouse of a permanent resident falls in the F2A family preference category. The I-130 can be filed at any time, but the I-485 can be filed only when the Visa Bulletin shows a visa is available for the beneficiary's priority date. Unlike immediate relatives, F2A beneficiaries generally must also have kept lawful status, so an overstay can close the adjustment route. If the petitioner naturalizes, the case converts to the immediate relative category.
When consular processing is the better route
If the foreign spouse lives abroad, or is in the U.S. but cannot adjust, the green card is issued through a U.S. embassy instead. See our consular processing page. If the spouse has unlawful presence and must leave to interview, a provisional I-601A waiver filed before departure may be needed.
What it costs in government fees
These are the fees USCIS charges, paid directly to the agency. A joint sponsor, prior marriages or a complicated entry history change the work involved, not these amounts.
| Form | USCIS fee | Notes |
|---|---|---|
| I-130 (paper) | $675 (paper) / $625 (online) | A bundled concurrent filing is mailed on paper |
| I-130A | No separate fee | Filed with the I-130 |
| I-485 (age 14 and over) | $1,440 (paper) / $1,390 (online) | Children under 14 filing with a parent: $950 (paper) / $900 (online) |
| I-765 (with a pending I-485) | $260 | Optional but usually filed |
| I-131 (advance parole) | $630 (paper) / $580 (online) | Optional; needed only for travel |
| I-864 | $0 | No USCIS filing fee |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Government fees change; confirm on the USCIS fee schedule before filing. Fees are set by regulation in 8 CFR 106.2.
The medical exam fee is set by the civil surgeon and varies by provider. If you file the I-130 first and the I-485 later, the I-130 can be filed online at the lower online fee ($625).
Step-by-step timeline
- Eligibility review. We check the entry record, prior visas, prior marriages, criminal history and the sponsor's income before anything is signed.
- Evidence and forms. We send a tailored document list, draft every form, and return them for review and signature.
- Filing. One packet goes to USCIS with the correct fees. Each form gets its own receipt notice.
- Biometrics. USCIS schedules fingerprints and a photo at a local Application Support Center.
- Work and travel cards. USCIS decides the I-765 and I-131, often as a single combo card.
- Interview. Most marriage cases are interviewed at the local USCIS field office. USCIS can waive the interview.
- Decision. USCIS approves, issues a Request for Evidence, or denies. On approval the green card is mailed.
- Conditions, if any. A two-year conditional card requires Form I-751 within 90 days before it expires.
We do not quote a processing time, because it changes by form and by office. USCIS posts current figures on its processing times page. We check them when we file and send you the live link for your field office.
Evidence that shows a real marriage
USCIS must be satisfied that the marriage is legally valid and was entered in good faith, not to obtain an immigration benefit. Legal validity is shown with the marriage certificate and proof that every prior marriage ended. Good faith is shown with evidence of a shared life. Strong files usually include several of these:
- A joint lease or deed, with both names, and mail sent to both spouses at the same address
- Joint bank statements showing ordinary household use, not just a token account
- Joint tax returns, health or car insurance listing the spouse, and named beneficiaries on policies
- Birth certificates of children born to the marriage
- Photos across time and with family, travel records, and communication history
- Sworn statements from friends and relatives who know the couple
Quality matters more than volume. A short, organized exhibit list with dates is easier for an officer to accept than a box of loose screenshots.
Financial sponsorship: Form I-864 and the 125% rule
The petitioner must sign the Affidavit of Support. To qualify alone, the sponsor needs household income of at least 125% of the federal poverty guidelines for the household size (the full poverty-guideline amount for an active-duty service member sponsoring a spouse or child) and must be domiciled in the United States (8 CFR 213a.2). Assets can make up a shortfall. If they do not, a joint sponsor who meets the test on their own can sign a second I-864.
The affidavit is an enforceable contract with the government, and it does not end with divorce. We explain what the sponsor is promising before they sign.
Working and traveling while your case is pending
Filing the I-485 lets the beneficiary request a work permit and advance parole. Until the work permit arrives, the beneficiary should not start work unless they already hold separate authorization.
Travel is the most common self-inflicted problem. In most cases, leaving the United States before advance parole is approved is treated as abandoning the I-485. Some visa holders, such as H-1B and L-1 workers who keep their status, have different rules. Ask us before booking any trip.
Preparing for the green card interview
Both spouses normally attend. The officer reviews the forms under oath, asks about how you met and your daily life, and checks original documents. We hold a preparation session, update the evidence with anything new since filing, and tell you what to bring. If an officer has concerns, they may ask follow-up questions in separate interviews.
After approval: conditional green cards and Form I-751
If you had been married for less than two years on the day the green card was approved, USCIS issues a two-year conditional card. To keep permanent residence, the couple files Form I-751 within the 90 days before the card expires (8 CFR 216.4). Marriages of two years or more receive a 10-year card. Spouses of citizens may be able to apply for citizenship after three years of residence.
If USCIS is taking too long or denies the case
Some cases stall well beyond posted processing times with no explanation. When inquiries and congressional help have failed, a federal lawsuit asking the court to compel a decision (mandamus) can be an option. DC Federal Litigation PLLC handles these cases. Read more about I-485 adjustment delays, I-130 petition delays and work permit delays.
If a prior immigration file matters to your case, a FOIA request can get it. See what is in your A-File.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
If a delay or denial later calls for a federal lawsuit, DC Federal Litigation PLLC handles that litigation from its Washington, DC office. Consultations are available in English, Spanish, French and Arabic.
Frequently asked questions
How long does a marriage green card take?
It depends on the form, the USCIS field office and whether the spouse is a citizen or a permanent resident. USCIS publishes current figures for the I-130 and I-485 on its processing times page, updated monthly. Spouses of green card holders also depend on the Visa Bulletin. We check the live data when we file and share it with you rather than quote a number that may already be out of date.
Can I work or travel while my marriage green card is pending?
You can request a work permit (I-765) and advance parole (I-131) with your I-485. Work only once the card is approved, unless you already have other authorization. Do not travel abroad before advance parole is approved: for most applicants, leaving without it means USCIS treats the I-485 as abandoned. Certain H-1B and L-1 holders who keep their status are treated differently, so ask before you travel.
What is the difference between IR-1 and CR-1, and what is a conditional green card?
Both are spouse categories. CR-1 (conditional) applies when the marriage is less than two years old on the day permanent residence is granted; IR-1 applies to longer marriages. A conditional resident receives a two-year card and must file Form I-751 within the 90 days before it expires to remove the conditions. An IR-1 resident receives a 10-year card and does not file an I-751.
How do we prove our marriage is genuine?
Show a shared life. Good evidence includes a joint lease or deed, joint bank and credit accounts in real use, joint tax returns, insurance listing your spouse, children's birth certificates, photos over time, travel records and affidavits from people who know you. We organize it into a dated exhibit list. A few strong documents usually carry more weight than many weak ones.
What does a marriage green card cost?
Government fees are paid to USCIS and are listed in the fee table on this page, form by form, for the I-130, I-485, I-765 and I-131; the I-864 has no USCIS fee. The civil surgeon charges separately for the medical exam. Beyond that, prior marriages, a joint sponsor or a complicated entry history add work. Our legal fees are set out in writing in your engagement letter after we review your case.
My spouse is a green card holder, not a citizen. What changes?
You are in the F2A preference category instead of the immediate relative category. The I-130 can be filed right away, but the I-485 can be filed only when the Visa Bulletin shows your priority date is current. F2A applicants generally must have kept lawful status to adjust in the U.S. If your spouse becomes a citizen, the case converts to the immediate relative category.
Can we file the I-130 and I-485 at the same time?
Yes, if the petitioner is a U.S. citizen, or if a permanent resident's spouse has a current priority date. Federal regulations accept an I-485 filed together with the I-130 or after it. A concurrent filing is mailed as one packet with all fees. Filing together lets the beneficiary request a work permit and travel document right away.
How much income does my spouse need to sponsor me?
The sponsor needs household income of at least 125% of the federal poverty guidelines for the household size, or the full guideline amount if the sponsor is on active military duty and sponsoring a spouse or child. Assets can fill a gap. If the sponsor still falls short, a joint sponsor, often a relative or friend who meets the test alone, can sign a second Form I-864.
What if our case is complex, with prior visas, an overstay or a prior marriage?
Tell us at intake. A prior marriage needs proof it legally ended. An overstay is often forgiven for spouses of U.S. citizens who entered lawfully, but not for F2A spouses. An entry without inspection, a prior removal order, a false claim to citizenship or certain criminal history can change the strategy entirely, sometimes toward consular processing with a waiver. We review your record before filing, and if needed, request your prior file through FOIA.
When can I apply for citizenship after a marriage green card?
If you are married to and living with a U.S. citizen, you can generally apply after three years as a permanent resident, counting time as a conditional resident. Otherwise the standard period is five years. USCIS accepts the N-400 up to 90 days before you reach the required period. Conditional residents should file the I-751 on time; the two filings can be pending together.
Start your marriage green card
Tell us about your marriage, your entry history and your sponsor's income. We review it, confirm the route that fits, and send a written engagement letter with the government fees listed before anything is filed.