How Soon Should You File for Adjustment of Status After Marriage?

If you’ve recently married a U.S. citizen or lawful permanent resident, one of the next steps in your immigration journey may be filing for Adjustment of Status (AOS) to obtain a green card. But how soon should you file? Let’s break down the timing considerations and potential risks involved.

1. Can You File for Adjustment of Status Immediately After Marriage?

Yes, you can file for adjustment of status immediately after marriage. In fact, at GS LAW, APC, we often have our clients’ AOS applications prepared in advance. Once they send us a picture of their signed marriage license, we can file the application the same day.

Filing quickly is often beneficial because:

  • It starts the process sooner, which can reduce the overall waiting time for a green card.
  • It allows the applicant to apply for work authorization (Form I-765) and travel authorization (Form I-131), which are issued while the green card is pending.

2. The Risk of Filing Too Soon: Intent to Immigrate

While it’s legal to file for adjustment of status immediately after marriage, there’s an important cautionary advisal to consider. If the beneficiary entered the U.S. on a nonimmigrant visa, such as a B-2 tourist visa, and applies for AOS shortly after marriage, USCIS may become suspicious that the beneficiary had a preconceived intent to immigrate when entering the U.S.

USCIS may view this as visa fraud if they believe the beneficiary entered on a nonimmigrant visa with the intent to stay permanently. This is especially relevant when the adjustment application is filed very soon after entry.

How USCIS Evaluates Intent

USCIS considers several factors when determining whether a beneficiary had the intent to immigrate at the time of entry, including:

  • The type of visa used to enter the U.S.
  • The time between the beneficiary’s entry and the marriage.
  • The time between the marriage and the filing of the AOS application.

While there’s no specific rule about how long to wait before filing, filing within the first 30 to 60 days after entry on a nonimmigrant visa may raise red flags with USCIS.

3. When Should You Wait Before Filing?

If the beneficiary entered on a nonimmigrant visa, particularly a B-2 visitor visa, it may be advisable to wait at least 60 to 90 days after entry before filing for adjustment of status. This waiting period can help demonstrate that the beneficiary did not enter the U.S. with an intent to immigrate.

However, each case is unique, and factors such as prior immigration history, visa type, and the couple’s circumstances must be carefully evaluated. At GS LAW, APC, we offer free consultations to help couples determine the best timing for filing their adjustment of status applications.

4. How GS LAW, APC Can Help You

At GS LAW, APC, we understand that the adjustment of status process can be complex. That’s why we provide personalized legal guidance to ensure your application is properly filed and that you avoid potential issues like preconceived intent or visa fraud concerns.

If you’re planning to file for adjustment of status after marriage, contact us today for a free consultation. We’ll review your situation, prepare your application, and ensure that everything is done correctly and efficiently.

Contact Us

📍 Office Address:
GS LAW, APC
15260 Ventura Blvd. Ste 1200
Sherman Oaks, CA 91403

🌐 Website: www.gslawoffice.com
📞 Toll Free: (800) 919-8959
📞 Local: (213) 725-2919
✉️ Email: info@gslawoffice.com

www.gslawoffice.com

Whether you’re ready to file your application now or need advice on the right timing, we’re here to help. Schedule your free consultation today!