If you are an immigrant in the United States on a non-immigrant visa and you marry a US citizen, you may be eligible to adjustment of status after marriage  to lawful permanent resident (LPR) through an adjustment of status application, or AOS. This is a process that allows you to stay in the US while your green card application is processed, even if your visa expires while the AOS process is underway.

The AOS process is intended for immigrants in the US with family-based immigration claims, which means that they are attempting to become lawful permanent residents through their marriage to a US citizen or green card holder. This is different than a visa petition filed by an employer, or through other means like the diversity lottery or humanitarian grounds.

Adjustment of Status After Marriage: A Step-by-Step Guide to Navigating the Immigration Process

Normally, a US citizen spouse will file a form I-130 letting USCIS know that they want to help their foreign-born spouse immigrate. Once USCIS approves the I-130 petition, the immigrant will then apply for a green card by filing form I-485.

When applying for an adjustment of status, you must have used a valid visa or visa waiver program at the time of your most recent entry into the US. This is a requirement for most cases, but there are some exceptions, such as for immediate relatives of US citizens who are married to them.

In most cases, you can apply for your green card at a local USCIS office while you are still in the country, and it is possible to continue working while you wait. Depending on your case, it can take anywhere from 12-25 months for USCIS to process your AOS application. Once approved, you will receive a two-year conditional green card.