What is Adjustment of Status (AOS) for Family Members in the U.S.?

Adjustment of Status (AOS) is the process that allows foreign nationals who are already in the United States to apply for lawful permanent resident status (a Green Card) without having to leave the country. The adjustment of status process is commonly used by family members of U.S. citizens or lawful permanent residents, including spouses, children, and other immediate relatives.

Therefore, if you’re married to a U.S. citizen or lawful permanent resident and are already living in the country, you can apply for AOS to transition from your current visa status to permanent residency. In some cases, spouses and children of lawful permanent residents (LPRs) may need to wait for a visa to come available before they can move forward with their application. This process helps keep families united and ensures they can build their future together in the United States. This blog post explains the adjustment of status meaning, how to apply for adjustment of status (also known as “green card”), the process, and other requirements.

Visa Types for Pending Adjustment of Status

Understanding the adjustment of status meaning helps clarify how it allows qualified non-immigrant visa holders to apply for permanent residency without needing to depart the United States. AOS only works for specific categories of non-immigrant visa holders, including family-based and other selected categories. Family-based applications allow immediate relatives and family preferences to file applications without leaving the United States.

You are considered an immediate relative if you are the spouse, minor child (below 21), or a parent of a U.S. citizen. The family preference applications extend the qualification to close relatives of U.S. citizens and permanent residents.

Consular Processing Vs. Adjustment of Status

Consular Processing and Adjustment of Status (AOS) are two different pathways for foreign nationals seeking to obtain a Green Card (permanent residency) in the United States.

Consular Processing is for individuals who are outside the United States or need to return to their home country for visa processing. This process involves applying for an immigrant visa through a U.S. embassy or consulate abroad. Once the visa is approved, the individual can travel to the United States and become a permanent resident upon entry. On the other hand, Adjustment of Status (AOS) is for individuals who are already in the United States on a temporary visa. They can apply to adjust their status to permanent resident without having to leave the country. This process is often used by individuals who are married to U.S. citizens or have family-based sponsored adjustment of status eligibility.

For this reason, if you’re already in the United States, you would apply for AOS. If you’re outside the United States, you would go through Consular Processing to obtain your immigrant visa and enter the United States as a permanent resident. The HBM Law team also provides consular processing solutions for your immigration needs. Read more on our blog post, Make the U.S. Your Family’s Home: From Consular Processing to Green Cards for Immediate Relatives.

Adjustment of Status Processing Time

Several factors affect AOS processing time. The processing time may vary depending on the application type or backlog at the United States Citizenship and Immigration Services (USCIS). Due to these variations, the USCIS releases the expected processing time each quarter. It will also matter depending on where in the United States you apply from. Families can check AOS case processing times here with the USCIS processing times estimator depending on the visa type. If you’re looking for more accurate processing time estimates for your adjustment of status, HBM can help. Superior to the published USCIS processing times, HBM can provide an estimate to processing times for adjustment of status at the USCIS Des Moines Field office based on timelines of other cases and wait times at a particular U.S. Embassy or Consulate, gathered from crowdsourced data collected by hundreds of practicing immigration attorneys.Some common AOS timelines include the following.

Marriage Green Card Adjustment of Status

As a couple with a U.S. citizen and a foreign spouse, if you both plan to marry and live in the United States, the U.S. citizen can petition for the foreign spouse’s adjustment of status to lawful permanent residence. The AOS processing time after marriage depends on the number of applications and other factors, but HBM Law can provide current estimate processing times based on our other cases.

Please note that if you’re married to a foreign spouse and want to return or bring them to the United States, they will require a specific type of visa such as the immediate relative or conditional resident (IR1 / CR1). These visas remove the requirement for the foreign spouse to file for Adjustment of Status (AOS) after arriving in the United States because the foreign spouse arrives as an immigrant to the United States. Learn more about HBM Law’s spouse visa services here.

K1 Visa to Adjustment of Status and Why It May Take Longer

A K-1 (Fianc(é)e) visa allows a non-citizen spouse to travel to the United States and marry their partner. It gives you the right to be in the country for 90 days. Once you have your K-1 visa and married, you can apply for permanent residency. However, since you are required to get your K-1 visa before applying for AOS, this process does take longer.

The K-1 visa adjustment of status process starts with the couple filing Form I-485 (Adjustment of Status), along with other necessary documents assuming the couple married within the 90-day window. If the couple marries outside the 90 day window or the foreign spouse marries another person (and not the US citizen petitioner), the process looks different. If the application is approved, the spouse is issued a Green Card, making them a permanent resident of the United States.

Green card through AOS for Families

The application process depends on your qualifying category. Typically, you begin the process by checking your eligibility for an adjustment of status green card.

Family Green Card (I-130 Form)

In family immigration, you always need a Petitioner, someone to sponsor you, when applying for a Family Green Card (I-130 Form). The sponsoring relative fills out Form I-130 (Petition for Alien Relative), which lets the government know they have a relative who intends to live permanently in the United States.

Adjustment of Status Filing Fee

Currently, the filing fee is $1440 to register a Form I-485 for AOS. However, you may pay less or have the fees waived entirely. Please visit this useful USCIS fee calculator page to calculate your fees.

AOS Requirements

Applicants using Form I-485 must be physically present in the United States. They should also provide the following documents;

• Proof of entry through form I-94
• Identification documents (foreign birth certificate and passport)
• Proof of marriage and proof of that US citizen and foreign spouse are free to marry
• Proof of US citizen or permanent resident’s ability to support the Applicant financially (Affidavit of Support Form I-864) or if not possible, proof of sufficient assets or relying on a joint sponsor
• Certified court records (if applicable)
• Medical examination certificate

As this is a non-exhaustive list, HBM Law, our immigration law firm in Iowa will help guide you depending on your case and visa type.

Begin Your Adjustment of Status Process Today with HBM Law

For families planning a future together, deciding where to live in the United States is a big part of the journey. Adjustment of Status is a complex legal process. Not everyone is eligible for AOS. How can HBM Law Offices help? Determining eligibility requires a thorough understanding of immigration laws, including specific visa categories, lawful entry requirements, and exceptions like 245(i) or waivers for inadmissibility. Certain issues, such as prior immigration violations, criminal history, or public charge concerns, can make someone ineligible for a green card unless they qualify for a waiver. In many cases, concurrent applications need to be filed simultaneously including but not limited to the Form I-485, Form I-130, and Form I-765 for work authorization. In addition, there are procedural challenges involving extensive documentation and incomplete or incorrect documentation can result in Request for Evidence (RFE) notices or denials.

What’s more, the green card interview requires applicants to present their case clearly and answer questions accurately. A poorly prepared applicant may inadvertently jeopardize their application. In light of the the changing immigration policies in 2025 with a new administration, it is best to seek the advice of an immigration attorney who stays on top of changing immigration policies, immigration laws, policies, and interpretations that often change due to court rulings, executive orders, or USCIS updates.

In some situations, mistakes in the application process can lead to denials, which might result in removal (deportation) proceedings. An experienced immigration attorney helps mitigate such risks by ensuring compliance with laws and regulations.

Wondering how changes in immigration policy could affect your Adjustment of Status application? Not sure what steps to take to avoid denials? Contact HBM Law today to book a consultation with our Adjustment of Status lawyer, Himani Bhardwaj, for guidance on eligibility, required documents, and the entire AOS process. Start your journey with confidence, knowing you’re supported every step of the way.