Can My Spouse Adjust Status While in the U.S. on a Visitor Visa?

This is a question we hear often—and understandably so. If your spouse is here on a visitor visa, you’re probably hoping to take the next step together without them having to leave the country. The good news? In some cases, it’s possible. But it’s not automatic, and it’s definitely not something to rush into without understanding how timing, intent, and eligibility come into play.

What matters most is whether your spouse qualifies to adjust status, and whether doing so now makes sense in light of your situation.

Eligibility for Adjustment of Status

Adjustment of status allows certain noncitizens already inside the U.S. to apply for permanent resident status without leaving. But eligibility is not automatic.

To qualify, the following requirements must generally be met:

Lawful entry

• Must have entered the U.S. with inspection
• Admitted by a Customs and Border Protection officer using a valid visa, under the Visa Waiver Program, or paroled

Relationship to a U.S. citizen or permanent resident

• If married to a U.S. citizen, your spouse is considered an immediate relative, and a visa is always available
• If married to a green card holder, your spouse falls into the F2A preference category and must wait until a visa number becomes available

Admissibility

• Your spouse must not be barred from permanent residence due to certain criminal convictions, prior immigration violations, or misrepresentation

Eligibility forms the foundation. If any of these requirements are not satisfied, USCIS will deny the case.

Intent and the 90-Day Rule

One of the most critical issues in visitor visa cases is intent. A visitor visa is a non-immigrant visa, meaning the traveler declares an intention to visit temporarily.

If USCIS believes your spouse entered with the secret intent to stay permanently, the application may be denied.

The “90-day rule” is not a binding law but a guideline used by the Department of State.

What these mean for you:

If your spouse applies for adjustment of status soon after arriving, USCIS may presume they misrepresented their intentions at the border. Not only could they be denied a green card for “immigrant intent” upon entry, but they could also be found to have made a misrepresentation that will require a waiver. Filing at a later date after entry does not guarantee approval.

Proving intent

• Return ticket
• Temporary travel plans
• Genuine change in circumstances

Intent matters because U.S. law requires that visitor visas not be used to bypass the normal immigrant visa process – they are for a temporary visit to the U.S.

Differences Between U.S. Citizens and Green Card Holder Sponsors

The rules for adjustment of status vary depending on whether the sponsoring spouse is a U.S. citizen or a lawful permanent resident.

U.S. citizen spouse: A noncitizen spouse is an immediate relative

• There is no waiting list
• A visa is always available
• Makes the adjustment of status more straightforward

Green card holder spouse: A noncitizen spouse falls under the F2A preference category

• They may only apply when a visa number becomes available, which is tracked through the monthly visa bulletin

This distinction is important. Many couples discover that if the sponsor is only a green card holder, the noncitizen spouse may need to wait outside the U.S. or pursue consular processing instead of adjusting inside.

Common Risks and Barriers

Even when eligibility exists, risks remain. USCIS examines visitor visa adjustment cases closely.

The most common issues are as follows:

• Overstay: If your spouse overstayed a visitor visa, adjustment may still be possible if married to a U.S. citizen
  • But not if married to a green card holder
• Unauthorized work: Working without authorization can create problems, though USCIS may forgive it in marriage to a U.S. citizen
• Fraud or misrepresentation: If USCIS decides your spouse entered the U.S. with the intention of staying permanently, they may deny the application and trigger serious consequences
• Grounds of inadmissibility: Certain health, criminal, or prior immigration violations can prevent approval unless a waiver is granted

Knowing these risks helps you prepare, and in some cases, a waiver may be required before approval.

Alternatives If Adjustment of Status Is Not Available

For spouses who cannot adjust inside the U.S., there are alternatives. Each carries its own process and timeline.

• Consular processing: The spouse completes the green card application abroad at a U.S. consulate
  • Common for spouses of green card holders when visa numbers are not current
• Waivers: If misrepresentation or other inadmissibility issues apply, a waiver may be required before approval
• K-3 visa: Although less common now, the K-3 visa can allow a spouse to enter temporarily while waiting for immigrant processing

These alternatives ensure that even if adjustment of status is unavailable, a path to permanent residence may still exist.

The Adjustment Process When Eligible

If your spouse qualifies and timing is appropriate, adjustment of status involves several filings and steps. The process requires precision and strong documentation.

Step 1: File the Core Forms

The process begins with submitting the correct applications.

• Form I-130, Petition for Alien Relative: Filed by the U.S. citizen or permanent resident spouse
• Form I-485, Application to Register Permanent Residence or Adjust Status: Filed by the foreign spouse, if a visa is available
• Form I-864, Affidavit of Support: Demonstrates financial ability to support the foreign spouse
• Form I-693, Medical Examination: Confirms the spouse meets health requirements

Filing these forms accurately, with fees and supporting evidence, starts the case with USCIS.

The forms create the official record that your marriage exists and that your spouse seeks permanent residence through adjustment.

Step 2: Submit Proof of a Genuine Marriage

USCIS requires convincing evidence that the marriage is not for immigration purposes.

• Marriage certificate proving legal marriage
• Joint financial documents, such as tax returns or bank statements
• Lease agreements, mortgages, or property records showing shared residence
• Photographs, communication records, and affidavits from friends and family

This evidence helps USCIS confirm the relationship is real and ongoing. Strong documentation reduces the chance of delays or denials.

Step 3: Attend the USCIS Interview

Most marriage-based adjustment applications include an interview. Both spouses must attend.

• USCIS officers ask questions about your relationship and life together
• Couples should bring updated documents showing that the marriage continues
• Officers may separate the spouses if they suspect fraud, asking each the same questions

The interview is a critical point. Approval or denial often turns on whether the officer is convinced the marriage is genuine.

What Happens After Approval

If USCIS approves, your spouse becomes a lawful permanent resident. The type of green card depends on the length of your marriage.

Married less than two years: USCIS issues a conditional green card, valid for two years

• Couples must later file to remove conditions and prove the marriage is still valid

Married more than two years: USCIS issues a permanent green card, valid for ten years

These cards serve as proof of lawful permanent residence and allow your spouse to live and work in the U.S.

Practical Tips for Couples

Careful preparation makes the process smoother.

• Save all records of your spouse’s lawful entry, such as I-94 and visitor visa stamps
• Track the visa bulletin if the sponsoring spouse is a permanent resident
• Avoid leaving the U.S. after filing the I-485 unless advance parole is approved
• Keep marriage evidence up to date throughout the process

These practices help strengthen the case and minimize delays.

The Next Step Starts Here

So, can your spouse adjust status while in the U.S. on a visitor visa? Yes, but only if they entered lawfully, meet eligibility requirements, and provide strong evidence of a genuine marriage.

Intent at entry and timing of the application are critical, and USCIS reviews these cases closely. For some couples, consular processing abroad may be the safer or only option.

If your spouse entered on a visitor visa and you are considering an adjustment of status, contact us today.

Turn your visitor visa journey into a path to permanent residence.