My spouse is a U.S. citizen. Can I apply for a green card without leaving the U.S.?

If you are married to a U.S. citizen, then you might qualify to apply for adjustment of status to become a lawful permanent resident (LPR) of the U.S.

Generally, there are two paths to get a green card through a U.S. citizen spouse. If you are already present in the U.S., and you want to apply inside the U.S. without leaving, this is called “adjustment of status.” If you are either outside the U.S. or do not qualify for adjustment of status, then you would need to pursue consular processing.

To qualify for adjustment of status in the U.S. as the spouse of a U.S. citizen, you must meet the following requirements, or some exception to each:

1. You must have been “inspected and admitted or paroled” into the U.S., except in rare situation (e.g. were the beneficiary of certain types of applications that were approvable when filed prior to 4/30/2001;

2. You must be “admissible” to the U.S. under INA 212(a) or qualify for a waiver;

3. You must have an immigrant visa immediately available at the time of filing; and

4. You must file an application to adjust status.

Although this appears to be a short list of eligibility requirements, it is extremely complicated. There are many hurdles to understanding the legal definition of “inspected and admitted,” “paroled,” “admissible,” and “immediately available,” as those are terms of art that have specialized meaning separate from what the average person might think they mean.

A person who is eligible to adjust status in the U.S. through a spouse will usually be eligible to file all required applications at one time, alongside a work permit application, which will allow you to work lawfully while awaiting the green card. Many applicants will be required to appear for a joint interview with their spouse at the USCIS field office with jurisdiction over their residence.

Why might I have to apply for residence through the U.S. consulate in my home country?

Even if you’re married to a U.S. citizen, sometimes you cannot “adjust status” here in the United States and instead need to be processed through a U.S. consulate abroad. For example, if you are not currently living in the U.S., but have recently married a U.S. citizen, you should contact the consulate in your home country or the country where you are currently residing or working to start the application process.

Also, even if you’re currently living in the U.S., you might not qualify for adjustment of status. For example, if you were not “inspected and admitted or paroled” into the U.S. by a U.S. immigration official on your last entry, you likely will not be able to apply for permanent residence through USCIS here. There are exceptions to this rule, and an experienced immigration attorney can see if you qualify for one, but, generally, you would need to go through consular processing with the National Visa Center (NVC).

What happens at a USCIS interview with my spouse?

If you are required to appear for an interview at the USCIS field office with jurisdiction over your case, then you will be required to appear, with your spouse, and all evidence supporting your application. The officer might decide to interview both you and your spouse together, or might separate you into separate interviews, depending on the case. If you or your spouse requires an interpreter, it will be your responsibility to bring a qualified, impartial interpreter to the interview. You can also bring your attorney to assist with legal questions, taking notes, clarifying misunderstandings or errors, and preparing for an appeal if necessary. You might wait 5 minutes to be called into the interview, or you might wait 5 hours. It depends on your case, the officer’s calendar the day you arrive, how busy the office is that day, and any unforeseen issues, such as background check verification problems, missing documents, etc. The actual interview could last 5 minutes or 5 hours, but marriage-based interviews usually last about one hour. The officer will place you, your spouse, and any interpreter under oath and review the applications and evidence you filed. The office could ask personal questions about your life, family, immigration history, criminal history, political views, and marriage. At the end of the interview, the officer could deny or approve one or all of your applications, could hold the case for further review, or could request additional evidence. In extremely rare circumstances, you could be arrested and/or placed into removal proceedings.

Why have we not received a decision after completing the USCIS interview?

If you and your spouse attended the USCIS interview and did not receive a decision from the officer, your case may be under additional review. If the officer did not explain during the interview what needed further review, then you will be left guessing as to what is holding up the case. You can learn more about keeping up with your case status here. Unfortunately, there is no set timeline to tell you when you must receive a decision. The officers have wide discretion to hold cases for a long time. An attorney can assist in getting you to a decision and preparing for any eventual arguments that might be necessary on appeal, if the case is ultimately denied.

What happens when my case is approved?

If USCIS grants your adjustment of status application, then you will receive a decision notice in the mail, and a separate envelope containing your permanent resident (green card).

How long will my green card be valid for?

If you have been married less than two years at the time your application is approved, then you will receive a two-year conditional permanent resident (CPR) card. You can read more about removing conditions on permanent residence (getting the 10-year green card) here.

If you have been married more than two years at the time your application is approved, then you will receive a 10-year lawful permanent resident (LPR) card.

If I get a two-year green card, how do I get a 10-year green card?

You can read more about removing conditions on permanent residence (getting the 10-year green card) here.

When can I file for citizenship?

If you get a green card through your spouse, and if you’re otherwise eligible for citizenship, then you can either apply prior to your 3rd anniversary of getting a green card, or prior to your 5th anniversary of getting the green card. You can read more about citizenship eligibility here.

If you and your spouse are still living together in a bona fide marriage, and you otherwise qualify for citizenship, then you can file before the 3rd year anniversary of getting your green card under INA 319(a).

If you separate or divorce from your spouse prior to attaining U.S. citizenship, then you can file before the 5th year anniversary of getting your green card, so long as you otherwise qualify for citizenship.