The process of obtaining permanent residency in the United States through marriage, known as the Marriage-Based Adjustment of Status (AOS), is intricate and involves a series of legal steps and documentation. This guide aims to demystify the process by providing clear explanations of the essential forms involved and their respective roles in the application process.

Marriage-Based AOS allows a non-citizen currently residing in the U.S. to obtain lawful permanent resident status through a U.S. citizen or permanent resident spouse. The process ensures that applicants meet all the necessary legal criteria, including a valid marriage, lawful entry into the country, and eligibility for immigration benefits.

There are 3 essential parts that a successful marriage based AOS application needs:

We have included a lot of key information about all the 3 things in the sections below.

Depending on your choice to use USAPath, attorney or do it all yourself, you could spend ~2 months preparing everything and it is a nerve wracking journey because of delays and errors.

The central form of the AOS process, the I-485, is completed by the non-citizen spouse. It collects comprehensive personal information and is used to apply for lawful permanent resident status. Applicants must provide detailed evidence of eligibility, including proof of lawful entry, the marriage’s legitimacy, and the petitioner’s ability to financially support the spouse.

USCIS Fee: $1,140 (We know it’s a lot! This is the most expensive form)

This form is completed after a medical examination by a USCIS-designated civil surgeon. It ensures the applicant meets health standards required for U.S. residency, including vaccinations and screenings for communicable diseases. The I-693 is filed alongside the main application to adjust status. This form is valid for 2 years and can be submitted with your application to expedite processing!

USCIS Fee: No fee for applicants aged 14 to 79. Please note that while there are no USCIS fee a qualified (USCIS sanctioned) medical professional is needed to fill form I-693 and they typically charge a fee between $100-$400.

Filed by the U.S. citizen or permanent resident spouse, the I-130 form initiates the AOS process. It establishes the existence of a valid marriage between the petitioner and the beneficiary. The form requires evidence such as marriage certificates, joint financial statements, and other documents that prove a bona fide marital relationship.

Note: This form may not be needed depending on if you have a previously approved I-130 or entered the country on a K-1 (fiancée) visa.

USCIS Fee: $535

This form provides additional biographic information about the spouse seeking residency. Unlike the I-130, which is completed by the U.S. spouse, the I-130A is completed by the non-citizen spouse and is submitted together with the I-130.

USCIS Fee: Included in the I-130 filing fee.

The I-864 is a legally enforceable document completed by the U.S. citizen or permanent resident spouse, demonstrating the ability to financially support the non-citizen spouse above the poverty line. This form is crucial to ensure the immigrant does not become a financial burden on the government.

USCIS Fee: No fee.

This form is filed by the intending immigrant and provides the foreign spouse to travel internationally and return to the U.S. without affecting the AOS application. USCIS typically considers an AOS application abandoned if the intending immigrant leaves the country while the application is pending and an advance parole document can help with this. There are some other exceptions such as dual-intent visas that are not subject to this rule.

USCIS Fee: Included in the I-485 filing fee.

This form is filed by the intending immigrant and provides the foreign spouse to work while the petition is being processed for AOS. USCIS can issue an EAD card (often also referred to as combo card) that allows the intending immigrant to legally work while the AOS petition is pending.

USCIS Fee: Included in the I-485 filing fee.
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This form is completed by the foreign spouse and provides you to get text message updates about your application.

USCIS Fee: No fee.

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As part of the AOS process, applicants are required to attend a biometrics appointment. This step involves providing fingerprints, a photograph, and a signature, which USCIS uses to confirm your identity and conduct necessary background and security checks. The appointment is typically scheduled after filing your AOS application, and a notice with the date, time, and location will be sent to you.

Fee: $85.

A successful AOS application is supported by ample evidence that corroborates the authenticity of the marriage and the eligibility of the non-citizen spouse for residency. Examples include joint leases, birth certificates of children, joint bank account statements, and photos together. A cover letter is also recommended to summarize the application, highlight the key evidence, and reference the forms and supporting documents included.

The evidence that should be submitted depends on a case-by-case basis depending on your unique circumstances. (Don’t worry USAPath has you covered! Use our advanced Evidence Engine to identify all potential documents and prepare your packet correctly)

The Marriage-Based AOS is a structured pathway to residency that involves detailed documentation and legal compliance. Understanding each form’s purpose and the specific details required can help applicants navigate the process more effectively. As a customer of USAPath you will get exhaustive support from our in-line help, live form preview to help you with each step of our already simplified process, start now and finish your packet today!

* Fee schedule as of 11/25/2023, subject to change. USCIS has indicated a substantial increase in fees (~30%) that will be implemented in the future. We will update this article as more information becomes available.

** Can vary slightly based on surgeon fees for medical examination.