Marriage-Based Adjustment of Status (AOS)
Get Your Marriage Green Card Without Leaving the United States
What Is Marriage-Based Adjustment of Status?
If you are married to a U.S. citizen or lawful permanent resident and you entered the United States legally, you may qualify for a marriage-based green card through Adjustment of Status (AOS), the USCIS process that lets eligible immigrants apply for lawful permanent residence while remaining in the U.S.
Many people call this a green card marriage application or describe it as U.S. residency by marriage. If you meet the requirements, AOS lets you apply for a marriage green card without leaving the country.
Our national immigration law firm in New York City helps couples complete this process with clarity and care. Our marriage immigration lawyers guide you every step of the way in both English and Spanish.
Learn more about the official process from USCIS: Adjustment of Status.
Who Qualifies for Marriage-Based AOS
You may qualify for a marriage-based green card if:
- You are legally married to a U.S. citizen or permanent resident.
- You are in the United States.
- You were admitted or paroled (for example, entered with a visa).
- Your marriage is genuine, not for immigration benefits.
If your case involves a visa overstay, unauthorized work, or other challenges, our marriage-based immigration lawyers can review your options and build the strongest case possible.
For other family-based green card options, see our Green Card Lawyers page.
Understanding Conditional Green Cards
If your marriage is less than two years old when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you must file Form I-751 to remove conditions and become a permanent resident.
Our team also handles I-751 Removal of Conditions to help you transition smoothly to permanent residence.
Learn more from USCIS: Removing Conditions on Residence.
Adjustment of Status and Consular Processing
If you and your spouse are already in the United States, Adjustment of Status (AOS) lets you apply for a green card here. You file the required forms, complete biometrics, and attend your USCIS interview in the U.S.
If your spouse or beneficiary lives abroad, the green card process generally proceeds through consular processing. That path includes filing an I-130, working with the National Visa Center (NVC), completing the DS-260 immigrant visa application, submitting civil documents and the medical exam, and attending the immigrant visa interview at a U.S. consulate.
We handle both pathways. For AOS cases we prepare I-130/I-485 packages, assemble evidence, and coach clients for USCIS interviews. For beneficiaries abroad we manage certain family-petition consular cases — from I-130 and NVC document submission through DS-260, medical and civil-document preparation, and consular interview preparation. We assist survivors who were abused in the U.S. and now live abroad with VAWA consular processing.
If you are unsure which path applies to you request a case evaluation, and we will confirm whether AOS or consular processing fits your situation and map the safest next steps.
Forms and Documents Required
AOS involves several forms and pieces of evidence. Our attorneys prepare, review, and submit everything accurately and on time.
Key forms include:
- Form I-130 – Petition for Alien Relative
- Form I-485 – Application to Adjust Status
- Form I-864 – Affidavit of Support
- Form I-693 – Medical Exam
- Form I-765 – Work Permit
- Form I-131 – Travel Permission
- Form I-751 – Petition to Remove Conditions (filed later only if the green card was issued on a 2-year conditional basis)
We’ll also help you gather strong evidence — such as shared finances, leases, travel records, and photos — to show your marriage is real.
For a step-by-step walkthrough and a full documentation checklist, see our Marriage Visa Process: 2025 Expert Guide.
LEARN MORE & GET IN TOUCH
We invite you to explore our site to learn about the specific services we offer and read success stories from people just like you. If you’re considering legal help for your immigration matter, reach out to us. Even if you’re not sure you have a case, we’re happy to evaluate your situation and discuss your options. At The Law Firm of Moumita Rahman, your hopes and concerns become ours – and we won’t rest until we’ve done everything possible to help you “belong in the country you helped build.” Ready to take the next step? Contact us for a case evaluation, and let’s work together toward your freedom and peace of mind.
Common Challenges We Handle
Our marriage green card lawyers regularly help couples handle issues like:
- Visa overstays or unauthorized work
- Entry without inspection (EWI) and related waiver strategies
- Prior denials or removal orders
- Criminal records or arrests
- Large age gaps between spouses
- Cultural differences that affect documentation or testimony
- Same-sex marriage green card cases
- Missing or inconsistent documentation and Requests for Evidence (RFEs)
Timeline and What to Expect
Many marriage-based green card cases take 6-24 months.
In New York City, USCIS interviews are usually scheduled 6–18 months after filing. While your AOS application is pending, you may be eligible to apply for work authorization (Form I-765) and a travel document (Form I-131). The firm assists clients with those requests when they are filed as part of an AOS or other qualifying immigration petition. We do not accept standalone work-permit or work-visa cases.
Check your local office’s timelines on the USCIS Processing Times Tool.
For New York-specific filing tips and local requirements, see Marriage Visa Requirements — NY (2025).
Why Work with a Lawyer Instead of Filing Your Marriage Green Card Alone
It is possible to file your own marriage-based AOS application, but many couples who try it alone face delays, RFEs, or denials that could have been avoided. The marriage green card process is technical and requires precise documentation.
Our team helps you avoid costly mistakes, stay compliant, and move forward with confidence.
Filing Yourself
- You must learn every USCIS rule and form requirement on your own.
- Easy to overlook details that cause RFEs (Request for Evidence) or denials.
- No legal strategy if your case involves complications (like overstays or prior entries).
- Stressful communication with USCIS on your own.
- You save on legal fees but risk delays or loss of filing fees if errors occur.
Hiring a Marriage Immigration Lawyer
- We prepare and review every form for accuracy and completeness.
- Our attorneys catch errors before filing and anticipate USCIS issues.
- We create a customized strategy and handle complex histories.
- We handle all correspondence and follow-ups with USCIS for you.
- You invest in professional guidance that increases approval success.
Hiring an experienced marriage immigration lawyer can protect your legal status, save time, and reduce the risk of costly errors.
How Our Team Supports You
Our attorneys make the process simpler and less stressful. Here’s what you can expect:
- A custom legal strategy based on your history and goals
- Accurate filings and document organization to prevent delays
- Interview preparation tailored to your USCIS field office
- Support for same-sex couples and complex cases
- Clear updates throughout the process and respectful client care
At our firm, you are treated with respect. We combine legal experience and empathy to help you build a secure future in the United States.
FREQUENTLY ASKED QUESTIONS ABOUT MARRIAGE GREEN CARDS
Yes. If you entered the U.S. legally and are married to a U.S. citizen or permanent resident, you can usually apply for a marriage-based green card through Adjustment of Status without leaving the country. This process lets you live, work, and travel while your case is pending.
Yes. If your marriage is less than two years old when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you must file Form I-751 to remove the conditions and obtain a 10-year green card.
AOS means Adjustment of Status: the USCIS process that lets an eligible person already in the United States apply for lawful permanent residence without leaving the country.
Yes. While your Adjustment of Status case is pending, you can apply for a work permit and travel document (Form I-765 and Form I-131). These allow you to work legally and travel abroad while your case is in progress.
Yes. Our same-sex marriage immigration lawyers represent LGBTQ+ couples across the U.S. applying for marriage-based green cards. Every marriage is treated equally under U.S. immigration law.
If your spouse lives abroad, the green card process generally proceeds through consular processing (I-130 → NVC → DS-260 → consular interview). Our firm handles family-petition consular cases: we prepare and file the I-130, manage NVC document submission, help complete the DS-260 and civil-document requirements, coordinate medical exams, and prepare clients for the consular interview.
We also handle VAWA consular cases when a qualifying survivor is outside the U.S. If you are currently in the United States, we will confirm whether you qualify for Adjustment of Status (AOS) and recommend the best path forward. For consular processing, we manage the U.S. side of the case (NVC and consulate preparation); if local representation abroad is ever needed, we will discuss referral or local counsel options.
You are not required to hire a lawyer to apply for a marriage-based green card, but working with an experienced immigration attorney can help you avoid costly mistakes and delays. Many couples who file on their own later seek legal help after USCIS issues a Request for Evidence (RFE) or denial. Our firm ensures your case is filed correctly the first time.
Processing times vary by location and USCIS workload. Most cases take 12–24 months from start to finish. You can check current estimates using the USCIS Processing Times Tool.
You’ll need your marriage certificate, proof of your spouse’s U.S. citizenship or green card, your I-94 record, and joint documents showing your real marriage (such as bank statements, leases, and photos). Our team will help you prepare a complete and organized case file.
Our firm offers flat-fee pricing based on your case’s complexity. During your case evaluation, we’ll explain all legal and government filing fees upfront so you can plan with confidence.
Serving New York City and Clients Nationwide
Our firm is based in New York City and represents clients across New York State and the United States. If you searched for a marriage immigration lawyer near me, our NYC team serves clients locally and nationwide and can assist remotely or in person.
We are proud to be known across the country for our marriage immigration lawyers and their dedication and results.
Se habla español.
Learn more about our founder on the About Moumita Rahman page or meet our legal team.
Request a Case Evaluation
Your marriage and future deserve trusted legal care. Our marriage visa attorneys are ready to help you start your Adjustment of Status process.
You can also visit our FAQ for answers to common questions or explore our blog for practical immigration tips.
PRACTICE AREAS
Our mission is to help clients secure immigration relief and live with peace of mind. A better future for you and your family is within reach. At Moumita Rahman Immigration Attorneys, we fight for your freedom.
