Change of status through marriage to a U.S. citizen or resident in 2026
- Aly Hudson
- 7 days ago
- 5 min read
Changing your legal status in the United States through marriage to a US citizen can feel overwhelming. You may have entered the country on a K1 visa or a tourist visa (any other legal status), and now you want to adjust your status to become a lawful permanent resident. This step-by-step guide will walk you through the adjustment of status (AOS) process, including the documents you need, fees involved, where to file, and official government resources to help you navigate this important journey.
What is Adjustment of Status (AOS)?
Adjustment of status allows you to apply for a green card without leaving the United States. If you are married to a US citizen or permanent resident, you can file for AOS to change your current visa or legal status to that of a lawful permanent resident. This process is different from consular processing, where you would apply for a green card from outside the US.
You must meet eligibility requirements, including having entered the US legally and being married to a US citizen or resident.
Step 1: Gather Required Documents
Before filing your AOS application, collect all necessary documents. These will prove your eligibility and support your case.
Essential Documents:
❏ Form I-485, Application to Register Permanent Residence or Adjust Status
This is the main form for AOS.
❏ Form I-765, Application for Employment Authorization
This form provides work authorisation in the US before you obtain a green card.
❏ Form I-131, Application to Travel Documents
This form allows you to travel outside the US before you obtain a green card.
❏ Form I-864, Affidavit of Support
Filed by your spouse to show they can support you financially.
❏ Form I-130, Petition for Alien Relative or I-130 receipt notice (Not needed for K1 visa)
Usually filed by your US citizen/resident spouse to establish the family relationship.
❏ Form G-1450, Authorization for Credit Card Transactions (for each form with its own filling fee amount)
USCIS no longer accepts payments made by personal or business check, money order, or cashier’s check
❏ Form G-1145, E-Notification of Application/Petition Acceptance (for each form I-485, I-765, I-131)
Form to receive your case number by txt message to ur phone number (in case the paper notice is lost by mail)
❏ Proof of US Citizenship of Your Spouse
US passport / birth certificate / naturalization certificate.
❏ Marriage Certificate
Official document proving your marriage.
❏ Divorce decrees or death certificates (both from you and your spouse)
With a certified English translation, if not in English.
❏ Form I-94 (proof of Lawful Entry )
Your I-94 arrival/departure record or visa stamp.
❏ Proof of approved I-129F petition (for AOS through K1/K2 visa)
Second notice from USCIS, stating that ur I-129F form was approved
❏ Passport Photos
Two recent passport-style photos of the applicant.
❏ Government-Issued ID (passport)
Such as a passport biographic page.
❏ Birth Certificate
With a certified English translation, if not in English.
❏ Form I-693 Medical Examination Report (If the MOM was not completed for K1/K2 or ur AOS is not through K1/K2 petition)
Completed by a USCIS-approved civil surgeon.
❏ Evidence of Bona Fide Marriage
Joint bank accounts, lease agreements, photos together, affidavits from friends or family.
Additional Documents (If Applicable):
Certified court records for any previous marriages (divorce decrees or death certificates)
Name changes
Any other USCIS-requested documents.
Step 2: Understand the Fees
Filing fees can change, so always check the USCIS website for the latest amounts. As of now, here are the typical fees:
Form I-485: $1,440 (for applicants aged 14 to 78) / $950 (If under 14 years of age)
Form I-864: No fee, included with I-485 package.
Form I-765: $260
Form I-131: $630
Form I-130: Paper Filing Fee $675 / Online Filing Fee $625 (Not needed for K1 visa)
Medical Exam (Form I-693): Varies by provider, usually $200 to $900. Paid at the approved by USCIS Civil Surgeon
Fee waivers are rarely granted for marriage-based AOS.
Step 3: Complete and Submit Your Forms
Filling Out Form I-485
Answer all questions truthfully and completely.
Use black ink if filling by hand.
Sign and date the form.
Attach all supporting documents and photos.
Filing Form I-130
Your spouse files this form to prove your marriage relationship.
Include proof of citizenship and marriage.
You can file I-130 and I-485 together (concurrent filing)
Step 4: Where to File Your Application
You must send your application package to the correct USCIS address. The filing location depends on your state of residence.
Use the USCIS Direct Filing Addresses page to find the right address for Form I-485:
*You can always file an I-130 via USCIS online.
Make sure to send your application via a trackable mail service like USPS Priority Mail, FedEx, or UPS.
Step 5: Attend Biometrics Appointment
After USCIS receives your application, they will schedule a biometrics appointment. You will go to a local Application Support Center (ASC) to provide fingerprints, a photo, and a signature. This step is mandatory and helps USCIS conduct background checks.
You will need to bring the following to the biometrics appointment:
❏ Biometrics Notice (fill your info on page 2)
❏ Passport
❏ Marriage certificate with ur US citizen spouse
Step 6: Prepare for the Interview
USCIS will schedule an interview for you and your spouse at a local USCIS office. The interview confirms the legitimacy of your marriage and verifies your application details.
Tips for the Interview
Bring originals of all documents submitted.
Arrive early.
Be honest and clear in your answers.
Bring evidence of your life together (photos, leases, joint accounts).
Your spouse must attend with you.
Step 7: Receive Your Green Card
If USCIS approves your application, you will receive your green card in the mail. The first green card is usually conditional if your marriage is less than two years old.
You will need to file Form I-751 to remove conditions later, 3 months before the 1st green card expires.
Helpful Government Links
USCIS Adjustment of Status Overview
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-130, Petition for Alien Relative
Form I-864, Affidavit of Support
USCIS Filing Addresses
Final Thoughts
Changing your legal status through marriage to a US citizen requires careful preparation and attention to detail. By following this AOS step-by-step guide, you can confidently gather your documents, complete your forms, and navigate the process with fewer surprises. Remember to use official USCIS resources and keep copies of everything you submit.
If you would like my assistance in leading the case, please feel free to contact me and request my services! I'm always happy to help!
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