Marriage Green Card (Adjustment of Status)
A marriage green card lets the spouse of a U.S. citizen or lawful permanent resident live and work permanently in the United States. If your spouse is already here and entered legally, the usual path is adjustment of status, which does not require leaving the country.
Who qualifies
If you are a U.S. citizen, your spouse is an immediate relative, and that matters in two ways. An immigrant visa is always available, so there is no wait for a visa number. And your spouse may generally adjust status even after overstaying a prior visa or working without authorization, provided the last entry to the United States was legal (inspected and admitted or paroled). If you are a lawful permanent resident, your spouse is in the F2A category, which is subject to the Visa Bulletin and to stricter status rules. F2A has recently had little or no wait.
How the process works
The process runs through USCIS. For an immediate relative, you file the petition (Form I-130) and the adjustment application (Form I-485) together. While the case is pending, your spouse may apply for a work permit and for permission to travel, will complete a medical examination, and will attend an interview at a USCIS office. If the application is approved, your spouse becomes a lawful permanent resident without leaving the United States.
The one requirement that decides who can adjust
Adjustment of status generally requires that your spouse entered the United States legally. A spouse who entered without inspection usually cannot adjust. In that case, or when your spouse is outside the United States, the case runs on the consular track instead: your spouse applies for an immigrant visa through a U.S. consulate abroad and is admitted to the United States as a permanent resident. That path carries a separate risk, because a spouse who has been in the United States unlawfully can trigger a multi-year bar by leaving. For more information on the consular path, see spousevisa.com.
If you married in the last two years
If your marriage is less than two years old when the green card is approved, the first green card is conditional and valid for two years. A second petition is required to remove the conditions. This is a standard second step, and the deadline is known in advance.
Recent policy: adjustment is discretionary, and scrutiny has risen
Meeting the legal requirements does not guarantee approval. Adjustment of status is discretionary. USCIS decides whether to grant it as a matter of judgment, weighing any immigration violations against the applicant's ties and equities.[1] This matters most for the immediate relative of a U.S. citizen. The law forgives a prior overstay or unauthorized work for the purpose of eligibility, but USCIS may still weigh those same facts as negative factors when it decides the case. Being exempt from the bars is not the same as being free of risk.
In recent years the federal government has applied that discretion more strictly. The specific guidance in this area has changed and been litigated, and it continues to change, so the current risk depends on where the rules stand when you file.[2] We check that for your situation before we act, and we prepare the discretionary side of the case, not only the eligibility side.
For more on how discretion affects adjustment of status, see our adjustment of status policy page.
Common questions
Can my spouse adjust status after overstaying a visa?
If you are a U.S. citizen, usually yes, provided your spouse entered the United States legally. Overstaying or unauthorized work does not bar an immediate relative from adjusting, though it can be weighed against the case as a matter of discretion.
What if my spouse entered without a visa?
A spouse who entered without inspection generally cannot adjust status and must apply for the immigrant visa abroad. Leaving the United States after unlawful presence can trigger a multi-year bar, so obtain advice before anyone travels.
How long does the first marriage green card last?
If you married less than two years before it is approved, the first green card is conditional and valid for two years, and you file a second petition to remove the conditions. Otherwise it is valid for ten years.
- Adjustment of status is adjudicated as a matter of discretion, weighing adverse factors against equities. USCIS Policy Manual, Volume 1 (General Policies and Procedures); INA 245. USCIS Policy Manual (last checked July 21, 2026). ↑
- Guidance issued in late 2025 under Presidential Proclamation 10949 directed heightened discretionary review of immigration benefits, including adjustment of status. It has been challenged in federal court, and that litigation is ongoing; its outcome is not final. We will update this note when the matter is finally settled. USCIS policy updates (last checked July 21, 2026). ↑