January 2026 Addendum: Recent Changes to Marriage-Based Adjustment
As of January 2026, the marriage-based adjustment of status process is undergoing significant shifts due to new executive policies and fee schedules. Most notably, the Department of State and USCIS have implemented a visa issuance pause effective January 21, 2026, for nationals from 75 “high-risk” countries—including Brazil, Colombia, Egypt, and Nigeria—pending a review of financial self-sufficiency and public charge standards. While adjustment applications (Form I-485) can still be filed by those already in the U.S., final adjudications for affected nationals are currently delayed. Furthermore, a new Public Charge rule proposed in January 2026 seeks to grant USCIS officers broader discretion to consider a wide range of non-cash public benefits (such as subsidized health care or school lunches) when determining an applicant’s eligibility for a green card.
Financially, the cost of filing has increased under the 2026 annual inflation-based adjustment. The current filing fee for Form I-130 is $625 (online) or $675 (paper), while the Form I-485 fee is generally $1,440 for most adults. While U.S. citizens can still file concurrently, spouses of Lawful Permanent Residents (F2A category) must consult the January 2026 Visa Bulletin to confirm if their priority date allows for filing. Currently, USCIS is honoring the “Dates for Filing” chart for family-sponsored applications. For real-time updates on processing timelines and current fee schedules, please visit the official USCIS Processing Times and USCIS Fee Schedule pages.
(The following article was written in 2022, please consult with an immigration attorney for up-to-date information on the current status of this or any other immigration program)
For Foreign Nationals Married to U.S. Citizens
In certain cases, foreign nationals physically present in the U.S. who marry U.S. citizens may be sponsored by their spouse to become lawful permanent residents without having to leave the country. Referred to as adjustment of status (i.e., adjusting to your current immigration status to that of a lawful permanent resident), this process is one of the quickest ways for a foreign national living in the U.S. to obtain a green card (i.e. lawful permanent resident status).
Two applications are required to initiate an adjustment of status, the Form I-130 and the Form I-485. The application must be supported by evidence of a bona fide marriage, one or more affidavits of support, a medical exam by a U.S. Civil Surgeon, and documentation of the applicant’s identity and entry into the United States. Unlike consular processing done for applicants outside the U.S., the couple does not have to wait for approval of the I-130 petition before continuing with the application process. The couple can file both applications concurrently – this is a one-step process where immigration officials adjudicate both applications at the same time.
In many cases, the United States Citizenship and Immigration Services (USCIS) facility reviewing the applications may issue a Request for Evidence from the applying couple. After the paperwork is deemed sufficient, the case is transferred to a local USCIS field office with jurisdiction over the applicant. Biometric data will be collected and a background check will be done on the foreign national applicant, followed by an interview with the couple with a USCIS Officer. It is at this interview the officer will go over any questions or concerns regarding the application packet and determine whether or not the couple’s marriage is genuine. The time between the initial filing and final interview can take months in some cases and varies based on the backlogs of cases between USCIS field offices. If the officer believes the marriage is genuine, he or she may grant the adjustment of status application on the spot by stamping the applicant’s passport or, at a later date, by mail.
For Foreign Nationals Married to U.S. Green Card Holders
While adjustment of status applications for foreign nationals living in the United States married to green card holders is possible, the one-step process described above is only applicable to petitions for immediate relatives. Foreign citizens married to green card holders must file Form I-130 first, and only after USCIS approves the petition can they file Form I-485. The process takes considerably longer than with foreign nationals married to U.S. Citizens, plus the foreign national applicant must maintain legal status (i.e. have a valid visa) in the U.S. throughout the entire application process.
The paperwork and application process for an adjustment of status can be time consuming and difficult. A solid file with all the supplementary evidence proving you and your spouse’s relationship is genuine is the key to a successful application. To see if your spouse qualifies for a marriage visa contact a qualified and licensed immigration attorney today.