How to Apply for a Marriage-Based Green Card If You Are Already in the U.S. on a Visa

Key Takeaways

• If you are already in the U.S. on a valid visa, you may be able to apply for a marriage-based green card without leaving the country through a process called adjustment of status.
• Filing I-130 and I-485 together can help streamline the process by allowing both applications to move forward at the same time.
• Knowing the forms that are needed for a marriage-based green card before filing can help prevent delays and mistakes.
• In most cases, you can stay in the U.S. while your green card is being processed, depending on eligibility and timing.

What Is Adjustment of Status and How Does It Apply to You?

If you are already in the United States on a visa and married to a U.S. citizen or lawful permanent resident, you may not need to leave the country to apply for a green card.

This process is called adjustment of status. It allows you to apply for permanent residency from inside the U.S. instead of going through consular processing abroad.

For many couples in Houston and Dallas, adjustment of status is the most practical option because it keeps families together during the process.

To qualify, you generally must have:

• Entered the U.S. legally
• Maintained lawful status or meet an exception based on your situation
• A valid qualifying marriage

Your visa type, immigration history, and timing can affect eligibility, so it is important to review your case with a Texas immigration attorney before starting.

What Forms Are Needed for a Marriage-Based Green Card?

Knowing what forms that are needed for a marriage-based green card is one of the most important steps before you begin. Errors, missing pages, or outdated forms can lead to delays or even denials.

The most common forms that are needed for a marriage-based green card include:

• Form I-130 (Petition for Alien Relative): Establishes your legal marriage relationship
• Form I-485 (Application to Adjust Status): The main application for your green card
• Form I-864 (Affidavit of Support): Financial sponsorship from your U.S. spouse
• Form I-693 (Medical Exam): Required medical examination by an approved doctor
• Form I-765 (Work Permit): Allows you to work while your case is pending
• Form I-131 (Travel Document): Allows limited travel while your case is processing

Each of the forms that are needed for a marriage-based green card must also be supported with documents, including proof of marriage, passport photos, financial records, and more.

Having everything organized before you file can make the process significantly smoother, especially if you want to stay in the U.S. while your green card is being processed without issues.

What Does Filing I-130 and I-485 Together Mean?

Filing I-130 and I-485 together is called concurrent filing. It is a common strategy for eligible marriage-based green card applicants already living in the U.S.

Normally, the I-130 must be approved before moving forward with the I-485. However, filing I-130 and I-485 together allows both applications to be reviewed at the same time.

This can offer several benefits:

• Faster overall processing in many cases
• Fewer waiting periods between steps
• Earlier access to work and travel permits

Filing I-130 and I-485 together is usually available when the spouse is a U.S. citizen. If the spouse is a lawful permanent resident, visa availability rules may delay when adjustment of status can begin.

Because every case is different, speaking with an attorney in Houston or Dallas can help you confirm whether filing I-130 and I-485 together is the right option and whether you can stay in the U.S. while your green card is being processed during your case.

Can You Stay in the U.S. While Your Green Card Is Being Processed?

In most cases, yes. Once you have filed for adjustment of status, you are generally allowed to stay in the U.S. while your green card is being processed.

After filing, many applicants also submit:

• Form I-765 for a work permit
• Form I-131 for travel permission

These are part of the forms that are needed for a marriage-based green card and allow you to work and, in some cases, travel while your case is pending.

However, there are situations where staying in the U.S. while your green card is being processed can be complicated. If you have overstayed a visa, have prior immigration violations, or have certain criminal history, your eligibility for adjustment of status may be affected. That’s why it’s important to review your full immigration history with an attorney before filing.

How Can Davis & Associates Help You Move Forward

The immigration process can feel overwhelming, especially when you are dealing with adjustment of status, understanding the forms that are needed for a marriage-based green card, and deciding whether filing I-130 and I-485 together is right for you.

At Davis & Associates, we work with individuals and families in Houston and Dallas to make this process as clear and straightforward as possible. Whether you are just starting out or have questions about how to stay in the U.S. while your green card is being processed, our team is here to help.

Contact Davis & Associates today to schedule a consultation and take the first step toward your green card with confidence.