Adjustment of Status for Eligible Foreign National Relatives

Adjustment of Status for Eligible Foreign National Relatives

Adjustment of status is a process which allows an eligible foreign national spouse, child, or immediate family member who is already inside the United States to become a lawful permanent resident (get a Green Card) without having to leave the country for consular processing abroad. Adjustment of Status allows the entire process, from initial petition to final Green Card issuance, to happen domestically, keeping the family unit together throughout.

This benefit applies most directly and most commonly to spouses of U.S. citizen Service Members who are already residing in the United States (for example, a spouse who entered the country on a nonimmigrant visa (such as a K-1 fiancé(e) visa, a tourist visa, or a student visa) and later married the service member, or a spouse who was already living in the U.S. at the time of marriage and has maintained lawful status since entry). As long as the spouse was inspected and admitted or paroled into the U.S., and meets the other eligibility requirements outlined below, adjustment of status is typically the faster, more family-friendly route compared to consular processing. It allows the couple to file for employment authorization and, in many cases, travel authorization while the Green Card application is pending, so the spouse is not left in legal limbo during the wait.

Who is Eligible for Adjustment of Status?

Before starting, confirm your family member is eligible. To qualify, the applicant must:

·        Be physically present in the United States;

·        Have entered the United States and be: 

§  Spouse of a U.S. citizen

§  Unmarried child under the age of 21 of a U.S. citizen, or

§  Parent of a U.S. citizen who is at least 21 years old.

          If you or your family member does not fit into one of these categories, adjustment of status may still be available. Consult the USCIS website for more information.

          Additionally, the family member must have been “inspected and admitted” or “inspected and paroled” into the US to be eligible. An applicant who entered legally but overstayed (e.g., on a tourist, student, or K-1 visa) generally remains eligible to adjust status as an immediate relative of a U.S. citizen—the overstay alone does not disqualify them. An applicant who entered illegally (crossed the border without inspection), however, generally cannot adjust status under the standard process, regardless of how long they have resided in the U.S. or the strength of the marriage. This is where military families have a key advantage: if the illegal-entry spouse of an Active-Duty Service Member obtains Parole in Place, USCIS retroactively treats them as “paroled” into the country—satisfying the entry requirement and opening the door to file for Adjustment of Status.

Step 1: File Form I-130, Petition for Alien Relative 

You begin the process for adjustment of status by filing Form I-130. This form is filed by the U.S. citizen or lawful permanent resident sponsor (the Service Member, in most cases) to establish the qualifying family relationship with the relative seeking a Green Card.

What You'll Need: 

¨ Proof of your U.S. citizenship or LPR status (birth certificate, passport, Certificate of Naturalization, or Green Card)

¨ Proof of the qualifying relationship:

Spouse: Marriage certificate, plus evidence the marriage is genuine (joint bank accounts, lease agreements, photos, birth certificates of children together)

Child: Birth certificate showing the parent-child relationship

¨ Two passport-style photos of both petitioner and beneficiary (if filing at a service center that requires them)

¨ Filing fee (check current USCIS fee schedule — fees change periodically)

Filling and filing the form: 

When filling out the form, consult the form instructions provided on the USCIS website. You can either E-File the form online or send a physical form together with any supplements. For up to date mailing address and filing fees, consult the USCIS website or the military hotline at 877‑CIS‑4MIL (799‑247‑4645). 

Step 1A – File Form I-130A, Supplemental Information for a Spouse Beneficiary: 

If filing a petition for a spouse, you must also provide the supplemental form I-130A. This form collects information about the petitioning spouse. You can include this form in your initial filing packet together with form I-130. 

Step 2: File Form I-485, Application to Register Permanent Residence or Adjust Status 

This is the core application for the Green Card itself, to be filed by the person seeking the green card. When applying for your immediate family members, the form can be filed concurrently with Form I-130 (and I-130A, if applicable). Concurrent filing will help accelerate the processing of your application by avoiding unnecessary wait between form submissions.

Supporting Documents for Form I-485: 

¨  Copy of Form I-130 receipt notice (if not filed concurrently)

¨  Birth certificate of the applicant

¨  Two passport-style photos

¨  Copy of government-issued photo ID

¨  Copy of passport biographic page and any visas/entry stamps

¨  Form I-94 (Arrival/Departure Record) showing lawful admission

¨  Form I-864, Affidavit of Support (see Step 3 below)

¨  Medical exam results — Form I-693 (see below)

¨  Police clearance/court records if the applicant has any criminal history

¨  Filing fee (a biometric services fee may also apply, though current USCIS fee rules should be checked as this has changed in recent years)

Filling and filing the form: 

As with the previous forms, consult the form instructions provided on the USCIS website when completing the form. You can either E-File the form online or send a physical form together with any supplements. For up to date mailing address and filing fees, consult the USCIS website or the military hotline at 877‑CIS‑4MIL (799‑247‑4645).​​​​​​​ 

Step 3: The Medical Exam (Form I-693) 

          The applicant must complete a medical examination performed by a USCIS-designated civil surgeon. This form is used to establish the applicant is not inadmissible to the United States on health-related grounds. The exam includes vaccination review, physical examination, and screening for certain communicable diseases. You can locate a civil surgeon using the USCIS “Find a Civil Surgeon” tool.​​​​​​​ 

Step 4: File Form I-864, Affidavit of Support 

The petitioning Service Member must also file Form I-864, a legally binding contract with the U.S. government promising to financially support the relative at a level of at least 125% of the Federal Poverty Guidelines (the threshold is lowered to 100% for Active-Duty Service Member sponsoring a spouse or child). You should consult Form I-864P to determine the current levels of support.​​​​​​​ 

In the form, you agree to support the relative until the relative:  

§  Becomes a U.S. citizen;

• Has credit for 40 quarters of coverage under the Social Security Act;
• Leaves the U.S. and no longer has lawful permanent resident status;
• Is covered by a new affidavit of support after removal proceedings and a new grant of adjustment of status; or
• Dies.

Key Documents: 

• Most recent federal tax return (with W-2s) or an IRS transcript
• Proof of current income (military members will want to provide their Leave and Earnings Statement (LES))
• Proof of U.S. citizenship or permanent residence

Because active duty pay includes allowances (BAH, BAS) which may not appear on a tax return, submit your LES alongside your tax documents to give USCIS a full and accurate picture of your household income. If your income alone still does meet the requirement, a joint sponsor can file an additional Form I-864 to provide support.

Step 4: Biometrics Appointment 

          After filing, USCIS will schedule a biometrics appointment at a local Application Support Center (ASC). At this appointment, USCIS will take the applicants fingerprints, photograph, signature, and other necessary information. USCIS will then conduct a background and security check.

If a scheduled biometrics appointment conflicts with military-related travel or a PCS move, you can request to reschedule online through your USCIS account or by contacting the USCIS Contact Center. Do this before the appointment date, not after.​​​​​​​ 

Step 5: The Interview 

Most applicants based on marriage to a U.S. citizen will be scheduled for an in-person interview at a local USCIS field office. However, when evidence of the marriage is strong enough, the interview might be waived, and you will be approved without an interview. Both spouses typically attend together.

What to Bring: 

• Original documents corresponding to all copies previously submitted (marriage certificate, birth certificates, passports)
• Updated evidence of a bona fide marriage (recent photos, joint financial statements, lease/mortgage documents, correspondence)
• Any documents requested in the interview notice

What Happens: 

A USCIS officer will review the case, ask questions to confirm the relationship is genuine (not just for immigration benefits), and verify admissibility. If the spouse of a Service Member receives an adjustment of status interview appointment notice while the Service Member is deployed, the USCIS office will still conduct the interview. The spouse should bring evidence of the Service Member’s assignment (such as a copy of their orders or a letter from their commander) along with any other requested evidence listed on the appointment notice.

Step 6: Approval and the Green Card 

          If the interview goes well and there are no outstanding issues, USCIS will approve the I-485 application. You will receive a written approval notice first (Form I-797) and the physical Green Card will be mailed slightly later.

Conditional vs. Permanent Green Card 

If the marriage was less than two years old at the time of approval, the applicant receives a conditional Green Card, valid for 2 years. Within the 90 days before it expires, the couple must file Form I-751, Petition to Remove Conditions on Residence, to convert it into a full 10-year Green Card. If the marriage was more than two years old at approval, the applicant receives the standard 10-year Green Card directly.

To speak with an attorney in the Fort Bliss Legal Assistance Office on this or any other topic, please schedule an appointment by emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil at any time or by calling (915) 568-7141 during business hours.​​

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Capt. Radomir Jurewicz, Fort Bliss Legal Assistance Office