Overview of the Adjustment of Status Process
Adjustment of Status (AOS) allows eligible individuals already in the United States to apply for a green card without returning to their home country for consular processing. Adjustment of Status is a popular option among couples because it involves fewer steps than other marriage-based options and allows the foreign spouse to stay in the United States and apply for work authorization while the case is pending.
Very Important 90 Day Rule Considerations
If you’re eligible for adjustment of status, you’ll still need to be careful not to trigger the 90-day rule. This is a guideline that U.S. Citizenship and Immigration Services (USCIS) uses to determine whether AOS applicants misrepresented their intentions when they first arrived in the United States.
Many temporary visas, such as student and tourist visas, and the Visa Waiver Program (ESTA) can’t be used if you plan to immigrate permanently. In other words, you cannot enter the United States with a temporary visa with the intention to live in the United States permanently.
If you come to the United States on a temporary visa with the intention to get married and live in the United States, you will run into trouble when you apply for AOS. The U.S. government could reject your application, revoke your current visa, and refer you to deportation proceedings, if they decide you secretly planned to immigrate when you first entered the United States.
To determine your intent at entry, the USCIS official handling your case will apply the 90-day rule, a guideline that allows officers to infer that you misrepresented your intentions if you adjust your status within 90 days of arriving in the United States.
Even after 90 days, USCIS officers can use their own judgment to determine that you misrepresented your intentions. Still, you’re much less likely to have problems if you wait until more than 90 days have passed before marrying and filing an AOS application.
Download Our Free Adjustment of Status Guide
Our easy-to-understand guide provides a breakdown of each phase of the adjustment of status process.
What Our Clients Are Saying
Why Choose Immigration for Couples?
When you're planning your future with someone you love, you deserve a legal team that treats your case like more than just paperwork. Here's what sets us apart.
Schedule a Consultation
Getting an approved visa can often be a long process. The quicker you take action, the quicker you can put this all behind you and focus exclusively on what’s important—your relationship with the one you love.
Sign up for the "Immigration for Couples" newsletter, sent directly to your inbox every Monday and Thursday. We understand that navigating immigration laws as a couple can be challenging, so we're here to offer you guidance and support. Our newsletter includes easy-to-understand articles, helpful tips, and inspiring success stories to help you and your loved one every step of the way. Each edition is filled with compassionate advice and practical solutions to help you manage the complexities of immigration together. Let us help make your journey a little easier—subscribe today!
Start Receiving Our Newsletter