Adjusting Status After Marriage: Common Hurdles and How an Inland Empire Immigration Lawyer Can Help

Marriage to a U.S. citizen or lawful permanent resident opens a path to a green card, but the road from the wedding altar to a lawful permanent residence card is rarely simple. For families across the Inland Empire, from Riverside to San Bernardino, the adjustment of status process can stretch into months of paperwork, interviews, and uncertainty. Knowing what obstacles tend to arise, and how to handle them, can make a real difference in how your case unfolds.

What Is Adjustment of Status After Marriage?

Adjustment of status allows certain eligible immigrants who are already in the United States to apply for lawful permanent residence without leaving the country for consular processing.

Rather than going through consular processing abroad, adjustment of status (Form I-485) allows a foreign-born spouse to apply for lawful permanent residence from within the United States. The petitioning spouse, either a U.S. citizen or an LPR, files Form I-130 to establish the family relationship. Depending on the petitioner’s immigration status and visa availability, Form I-130 and Form I-485 may be filed together, or the I-485 may be filed after the I-130 is approved and an immigrant visa is available. Immediate relatives of U.S. citizens generally do not have to wait for a visa number, while spouses of lawful permanent residents are subject to the F2A preference category and visa availability rules.

U.S. citizens petitioning for a spouse enjoy immediate relative status, which means no waiting in a visa backlog. Spouses of LPRs, on the other hand, fall under the F2A preference category and may face a wait before a visa number becomes available. Tracking current visa bulletin dates through the U.S. Department of State is essential for LPR-sponsored spouses.

Because spouses of U.S. citizens are classified as immediate relatives while spouses of lawful permanent residents fall into a family-based preference category, the timing and eligibility rules can differ substantially depending on the sponsoring spouse’s status.

Common Hurdles in the Marriage-Based Green Card Process

From documentation gaps to prior immigration violations, several obstacles can delay or derail a marriage-based green card application.

Proving the Marriage Is Genuine

USCIS scrutinizes marriage-based petitions. Officers look for evidence that the marriage is real, not arranged solely for immigration benefits. Joint bank statements, shared lease agreements, photos together, and affidavits from people who know the couple are all part of building a credible record. Thin documentation is one of the most common reasons petitions get delayed or sent back for additional evidence with a Request for Evidence (RFE).

Prior Immigration Violations

Prior immigration violations can complicate adjustment of status, but the impact depends on how the person entered the United States, the type of violation, and whether the sponsoring spouse is a U.S. citizen or lawful permanent resident. For example, spouses of U.S. citizens who qualify as immediate relatives are generally exempt from certain adjustment bars based on status violations and unauthorized employment. However, entering the United States without inspection or parole can prevent adjustment of status, and other immigration violations or inadmissibility grounds may still require additional analysis or a waiver. Because the consequences can vary significantly based on an individual’s immigration history, it is important to review that history carefully before filing.

Conditional Green Cards and the Two-Year Mark

If a couple has been married for less than two years at the time the green card is approved, USCIS issues a conditional green card valid for only two years. Generally, the couple must jointly file Form I-751 during the 90 days immediately before the conditional resident’s status expires to request removal of the conditions. However, certain conditional residents may qualify to file Form I-751 without their spouse, including in circumstances involving divorce, abuse or extreme cruelty, or certain other qualifying situations. Failing to properly file Form I-751 can place the person’s conditional permanent resident status at risk. The evidence submitted should demonstrate that the marriage was entered into in good faith and, when applicable, that the couple continued their marital relationship.

Criminal History and Inadmissibility Grounds

Certain criminal conduct, fraud or misrepresentation, immigration violations, and specified health-related circumstances can result in inadmissibility under federal immigration law. Whether a particular conviction or conduct creates a problem depends on the specific facts and the applicable statutory ground. Some grounds may be waivable, while others may not be. Some grounds of inadmissibility may be waivable, depending on the specific circumstances. The appropriate waiver and eligibility requirements vary by ground of inadmissibility. For example, Form I-601 may be used to request certain waivers of inadmissibility, while Form I-601A is a provisional unlawful-presence waiver generally used in connection with immigrant visa processing through a U.S. consulate rather than a pending adjustment-of-status application. A prior removal order, for instance, creates additional layers that must be addressed before adjustment can proceed.

The USCIS Interview

USCIS may require an in-person interview in a marriage-based adjustment case, although interviews can be waived in certain circumstances. When an interview is scheduled, it is generally conducted at a USCIS field office designated for the case. The interviewing officer may ask questions about the couple’s relationship, living arrangements, immigration history, and other information relevant to the application. In some cases, spouses may be interviewed separately. For applicants in the Inland Empire, the assigned USCIS field office will depend on the applicant’s address and USCIS case processing procedures. The officer will question both spouses, sometimes separately, about their relationship and daily life together. Couples should answer questions truthfully and consistently based on their own experiences. Significant unexplained inconsistencies or concerns about the bona fides of the marriage can lead to additional scrutiny, requests for evidence, delays, or, depending on the circumstances, denial.

Why Local Representation Matters in the Inland Empire

An immigration attorney familiar with the adjustment-of-status process can help identify potential issues, prepare the required documentation, and explain what to expect throughout the process.

The Inland Empire is home to many immigrant families who may encounter complex legal issues involving immigration, employment, family matters, and other areas of law. Many families here blend immigration challenges with other legal concerns, including workplace injuries and labor issues. At Espinoza Law Group, we understand those overlapping pressures. Our firm is bilingual, serving Spanish-speaking clients across Riverside and San Bernardino counties, and our practice spans both immigration and workers’ compensation law. When a client’s life involves both a pending green card and an on-the-job injury, we are able to address both without sending them elsewhere.

We offer free case screenings for non-immigration matters, giving clients a low-barrier entry point to legal guidance. For immigration consultations, we charge a consultation fee, which reflects the time and detail these cases genuinely require.

Steps You Can Take Right Now

Before filing anything, gather the following:

• All immigration documents for the foreign-born spouse (passport, visa, I-94 record)
• Joint financial records, lease or mortgage documents, and shared utility bills
• A complete immigration history, including any prior entries, overstays, or removal proceedings
• Certified court records and other relevant documentation for any past arrests, charges, or criminal convictions

Organizing these materials early reduces delays and gives your attorney a full picture of your situation from the start.

Ready to Move Forward?

Adjusting status after marriage is not a process you want to approach without knowing what is ahead. The decisions you make in the early stages, including which forms to file and in what order, can shape the entire timeline of your case.

Espinoza Law Group is here to walk Inland Empire families through every stage of the process. To get started, contact us through our website or call us at 213-667-0701 to schedule your immigration consultation.