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Marriage Green Card and Adjustment of Status in Los Angeles

Quick answer. If you are a U.S. citizen married to someone who entered the United States with a visa or other lawful admission, your spouse can usually apply for a green card from inside the country (adjustment of status) even if the visa has since expired. For the immediate relative of a U.S. citizen, an overstay or a period of unauthorized work by itself does not bar adjustment. Cases involving entry without inspection, a prior removal order, certain criminal records or a prior misrepresentation are different and may need a waiver or consular processing instead. Attorney Pejman Behkar reviews the entry history first, then files the case the right way.

Who this page is for

  • U.S. citizens or permanent residents married to a foreign-national spouse living in the Los Angeles area
  • Spouses who entered on a visitor, student or work visa and stayed past the expiration date
  • Couples where the foreign spouse entered without inspection, which usually means an I-601A waiver and a consular interview
  • Couples with a prior denial, request for evidence or marriage-fraud concern from USCIS
  • Spouses of permanent residents waiting for a visa number

How the process works for the spouse of a U.S. citizen who entered lawfully

  1. Form I-130 petition establishing the marriage, filed together with Form I-485 (adjustment of status), Form I-765 (work permit) and Form I-131 (travel permission) where eligible.
  2. Form I-864 Affidavit of Support from the citizen spouse, or a joint sponsor.
  3. Biometrics, then the interview at the USCIS Los Angeles field office; both spouses attend and the officer tests whether the marriage is genuine.
  4. Conditional residence (a two-year card) if the marriage is under two years old at approval, followed by Form I-751 to remove the conditions.
  5. Naturalization eligibility after three years as a permanent resident married to and living with the citizen.

When adjustment is not available and what to do instead

  • Entered without inspection: adjustment inside the U.S. is generally not available, with limited exceptions; the usual path is an I-601A provisional waiver and a consular interview abroad.
  • Prior removal order: the order has to be addressed first, by a motion to reopen or by consular processing with Form I-212 permission to reapply, before any green card filing.
  • Prior misrepresentation or certain criminal grounds: an I-601 waiver may be needed, and some grounds have no waiver.
  • Married after being placed in removal proceedings: the petition must be proven by clear and convincing evidence that the marriage is bona fide, and the green card is generally sought before the immigration judge.
  • Spouse of a permanent resident, not a citizen: a visa number must be available before adjustment, and an overstay or unauthorized work can bar adjustment in that category.

Evidence of a real marriage

Joint lease or deed, joint accounts and bills, insurance, photos over time, affidavits from people who know the couple, and children's birth certificates. The firm prepares the file so the interview is routine.

Consultations

Bring the spouse's passport, visa, I-94 arrival record if available, the marriage certificate, and any prior immigration or court paperwork. Consultations are in English, Spanish or Farsi, by phone, Zoom or in person in Beverly Hills.

See consultation options and fees

Same-day consultations are often available.

Frequently asked questions

My spouse overstayed a tourist visa. Can we still file?

Usually yes, if the spouse was inspected and admitted; the firm confirms this from the I-94 record and passport stamps first.

What if my spouse entered without a visa?

Adjustment inside the U.S. is generally not available; an I-601A provisional waiver and an interview abroad is the usual path.

How long does a marriage green card take in Los Angeles?

Timing varies by USCIS field office and category. The work permit usually arrives first. Current processing times are published by USCIS, and the firm advises on current timing at the consultation.

Do you handle the interview?

Yes. The attorney prepares the couple and attends the USCIS interview.

Do you speak Spanish or Farsi?

Yes. Consultations are conducted in English, Spanish or Farsi.

Call, text or WhatsApp 424-421-5552.