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Status Adjustment: Complete Step-by-Step Process

Learn about the fees, forms, and timelines for getting a green card from within the U.S.

Written By: Alison Moodie Reviewed By: Hasalyn Modine  Updated June 4, 2025

What Is Adjustment of Status?

Green Card Pathways: AOS vs. Consular Processing
Your location determines whether to pursue Adjustment of Status (AOS) or Consular Processing for permanent residency.

Adjustment of Status (AOS)
Eligible applicants in the U.S. can obtain a Green Card without departing. Ideal for temporary visa holders (e.g., students, workers) transitioning to permanent status.

Consular Processing
Applicants abroad secure a Green Card through a U.S. embassy/consulate. Requires remaining outside the U.S. until approval.

Comparison
Both pathways share:

  • Core eligibility criteria

  • Distinct timelines, forms, documents, and fees

Important Update

As of Dec 10, 2024, USCIS requires Form I-693 (medical exam) to be submitted with Form I-485. The affidavit of support is now simpler, with clearer questions on the public charge rule.

Easy applications. Professional support. Approval assurance.
Adjustment of Status Timeline

The adjustment of status timeline depends on your case type and other factors. USCIS updates average processing times quarterly, but for more current data, Crossway tracks trends monthly by field office.

Spouse AOS Processing Timeline

Current marriage-based AOS processing: 9.5 months for U.S. citizen spouses, 35 months for permanent resident spouses.

Crossway's detailed AOS timeline guide provides complete information.

K1 to AOS Timeline

The time it takes to get a marriage green card from when your K-1 visa is approved is 9.5 months, but it could be longer depending on your situation. Currently, the timeline for K-1 visa approvals is 7-9 months, which makes the overall timeline much longer than it was historically.

For AOS processing times for other visa types, this handy USCIS tool allows you to check estimated times by form type.

AOS Tip

AOS processing times vary by USCIS office location—verify your local office's timeline. Crossway accelerates applications with guaranteed approval or a full refund. Begin now.

Adjustment of Status: 90-Day Policy

Green card applicants in lawful status must avoid violating the 90-day rule—a USCIS policy assessing if initial entry intentions were misrepresented.

Non-dual-intent visas (e.g., F-1, B1/B2) forbid immigration plans, while H-1B/L-1 visas permit permanent relocation.

AOS filings on non-dual-intent visas risk denial or visa revocation if entry appears inconsistent with original temporary intent.

Document your shifted plans

Maintain thorough records if adjusting status within 90 days of U.S. entry. For unexpected changes like marriage, preserve relationship evidence (texts, emails, photos) to demonstrate authentic intent shift. Applicants must prove initial lawful intent and subsequent valid changes

90-Day Rule for Status Adjustment

USCIS uses this rule to assess potential misrepresentation in AOS filings made within 90 days of U.S. entry. While rebuttable with evidence, overcoming the presumption is difficult.

Key Points:

  • Post-90-day filings face reduced scrutiny

  • Applies universally to all status changes

  • Documentation of original temporary intent is essential

Crossway Assistance:

  • Optimal filing timeline assessment

  • Evidence preparation for genuine non-immigrant intent

  • Complex AOS case navigation

AOS Application Process
Securing Permanent Residency Through AOS

1

Verify your permanent residency qualifications.

2

Your sponsor must submit the correct petition for your green card type:

  • Family-based: Form I-130

  • Employment-based: Form I-140

  • Humanitarian: Form I-730

3

Once your petition has been filed, USCIS must grant it. The timeline for this can vary between several months to well over a year, depending on your individual circumstances.

4

USCIS approval timelines vary from months to over a year after petition submission, depending on your case specifics.

5

After USCIS approval, verify current visa availability for your category. Wait times vary by case type, priority date, and country. Immediate relatives of U.S. citizens face no delays, while others may wait years.

6

With visa availability, submit Form I-485 for status adjustment. Include work permit (EAD) and advance parole applications to maintain employment/travel flexibility during processing. Note: Proposed USCIS fee changes may increase associated costs.

7

USCIS will schedule your biometrics appointment (fingerprints/photo) after receiving Form I-485, sending location, date, and time by mail.

8

USCIS may request additional evidence by mail or schedule a follow-up interview if needed.

9

Expect an approval/denial decision within ~90 days post-interview. Track case status online. If approved, receive mailed notice followed by your physical Green Card.

File Form I-130 and I-485 concurrently when eligible

Spouses, children, and parents of U.S. citizens often benefit from concurrent I-130/I-485 filing, saving time and enabling work/travel authorization during processing.

Adjustment of Status Fees Explained

To adjust your status to permanent resident, plan for these key costs:

  1. Form I-130 Petition: $675 (family-based)

  2. Form I-485 Application:

    • $1,440 (most applicants)

    • $950 (children under 14 filing with a parent)

    • Waived for refugees

Note: Fees may vary for employment-based or other petitions—always verify current USCIS filing costs.

Crossway Tip: Budget for additional potential costs like medical exams and legal assistance.

Crossway can help you pay your government fees on a schedule that works for you.

Start your application today and pay over time.

Adjustment of Status Eligibility Criteria

Eligible Green Card Categories for AOS:

Family-based eligibility includes spouses, children, parents, and certain relatives of U.S. citizens or permanent residents.

Employment-based eligibility requires employer sponsorship or demonstration of exceptional professional achievements.

Humanitarian, diversity lottery, or special categories may also qualify.

Explore various Green Card categories.

More specifically, adjustment of status is the immigration process for the following marriage visa types:

Family-Based Green Card Categories

  • *IR6/CR6*: Spouses (and *IR7/CR7* children) of U.S. citizens

  • F2A: Spouses (F26) and children (F27) of green card holders

  • *CF1/CF2*: K-visa holders adjusting status after marrying a U.S. citizen

Other Adjustment of Status Requirements

To qualify for Adjustment of Status (AOS), your most recent entry into the U.S. must have been with a valid visa or through the Visa Waiver Program. Generally, you must maintain lawful status when you initially apply for AOS, even if your visa later expires.

Special Case: Spouses of U.S. Citizens

An important exception applies to spouses of U.S. citizens. You may still use AOS even if you overstayed your visa, provided your original entry to the U.S. was lawful.

Green Card Availability and Priority Dates

The availability of a Green Card depends on your specific category.

  • Immediate Relatives of U.S. Citizens: There are no annual caps for Green Cards for spouses, parents, and minor children of U.S. citizens. This typically results in a faster process.

  • Family Preference & Employment-Based: If you are a more distant relative (family preference category) or seeking an employment-based Green Card, you may face a significant wait.

How to Check Your Wait Time:

  • Priority Date: For family preference categories, check your priority date. This date determines your place in the waiting line.

  • Visa Bulletin: For employment-based and other categories, consult the latest Visa Bulletin. This official publication provides current availability and expected timelines.

How to Check the Status of Your AOS Application

You can check for updates on your green card application by entering your case number on the USCIS website. This will provide you with information and updates throughout your green card application, including when the green card has been approved.

What Happens After a Change of Status?

Once you receive your green card, you can live and work in the U.S., travel abroad, and start your path to citizenship. If it’s a 2-year conditional green card (typically from recent marriage), you’ll need to upgrade it before it expires. After 3–5 years, you may qualify for citizenship if you meet all requirements.

Important:

Be careful with foreign travel. If you leave the United States during the AOS process, the U.S. government will assume you’ve abandoned your green card application and you’ll have to start from scratch. To avoid this, you can request an “advance parole” travel document, which will allow you to travel abroad and be readmitted to the United States without interrupting your application.

Crossway offers unlimited support from our team of immigration experts, so you can apply with confidence and focus on what’s important: your life in the U.S.
Adjustment of Status FAQs

Crossway Reviews

John Louis Saunders, June 30

Quick service.

Verified, collected by Crossway Immigration

Guillermo, June 23

Helpful, simple, and made the entire process less nerve-racking

Verified, collected by Crossway Immigration

Adam Hirschman, April 19

Crossway was incredible! From start to finish, the process was simple and easy to follow. The upload tool worked flawlessly, support was always available and helpful, and the pricing was very reasonable. I highly recommend Crossway to anyone needing immigration services!

Verified, collected by Crossway Immigration

Josh Feola, April 18

Crossway took the stress out of our green card journey. As a U.S. citizen sponsoring my wife from China, the process felt overwhelming at first. But Crossway simplified everything with easy-to-follow web forms, helpful support, and expert legal review. Even with long government wait times, we always felt confident and supported. We couldn’t afford a lawyer, and Crossway was the perfect alternative. Highly recommended for anyone in a similar situation.

Verified, collected by Crossway Immigration

Abby, April 15

Great service and super knowledgeable team!

Verified, collected by Crossway Immigration

Anika, April 15

Great experience

Verified, collected by Crossway Immigration

Rajesh (RJ) Agarwal, April 15

Great service

Verified, collected by Crossway Immigration

Related Information

Comprehensive Green Card Information

I-485 Submission Instructions

I-130 Application Essentials

K-1 to Marriage Green Card Adjustment Process

Fiancé vs. Marriage Visa: Residency Options

Adjustment of Status or Consular Processing?

AOS for U.S. Citizen Spouses

Green Card Approval Duration Guide

U.S. Naturalization Process Guide

Travel During AOS Processing Rules

Short on time? Our guided application includes 4 rejection-prevention checks and attorney review. Begin at no cost.
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