Choosing the right application path is crucial when applying for a marriage-based green card. Two primary methods are available: Adjustment of Status (AOS) and Consular Processing (CP). Your choice depends on where the applicant lives and whether they maintain lawful immigration status in the U.S.
In this guide, we’ll break down the difference between the two, help you understand the pros and cons of each, and give you tips on choosing the best option for your situation.
Consular Processing vs Adjustment of Status
What Is Adjustment of Status?
Adjustment of Status (AOS) allows an eligible individual already in the United States to apply for a green card without leaving the country. This process is managed by USCIS (U.S. Citizenship and Immigration Services).
When to use Adjustment of Status:
The applicant is in the U.S. with a valid visa (e.g., H-1B, F-1).
You want to remain in the U.S. throughout the green card process.
You're married to a U.S. citizen (or, with conditions, a green card holder).
You can stay in the U.S. while your application is processed, and in most cases, work and travel legally with proper authorization.
What Is Consular Processing?
Consular Processing is the method used when the applicant applies from outside the United States. This process is handled by the National Visa Center (NVC) and the U.S. consulate or embassy in the applicant’s home country.
When to use Consular Processing:
The applicant lives abroad.
The applicant cannot maintain a valid status in the U.S.
You prefer to spend time abroad before moving to the U.S.
Applicants must wait outside the U.S. for their visa to be approved and may be separated from their spouse during the process.
What If You Have a Choice?
Sometimes, you may be eligible for both processes. Here's how to decide:
Choose Adjustment of Status if:
You want to stay in the U.S. during the process.
You’re okay with slightly longer processing times.
You need work authorization while waiting.
You’re already lawfully present in the U.S.
Choose Consular Processing if:
You plan to live abroad temporarily.
You’re out of status in the U.S. and cannot apply from within.
You want faster processing (in some cases).
You're already living outside the U.S.
Final Thoughts
Choosing between Adjustment of Status and Consular Processing is not just a legal decision — it's a personal one. Consider where you and your spouse want to be during the application process, what your immigration status allows, and how soon you need your green card.
Need help choosing the right option for your marriage-based green card journey? Work with an experienced immigration consultant or attorney who can guide you step-by-step and help avoid costly mistakes.
FAQs:
1. Who qualifies for Adjustment of Status?
Anyone legally present in the U.S. who is married to a U.S. citizen or green card holder may qualify, as long as they entered the country legally and meet basic eligibility requirements.
2. How long does it take for the Adjustment of Status?
It typically takes 12 to 20 months for spouses of U.S. citizens, and 18 to 30 months for spouses of green card holders.
3. When does the CR1 visa expire?
The CR1 visa is valid for two years. The visa holder must apply to remove conditions within 90 days before it expires to receive a 10-year green card.
4. Is Adjustment of Status the same as I-485?
No. Adjustment of Status is the process, while Form I-485 is the application used to request permanent residency from within the U.S.
