Adjustment of Status vs. Consular Processing: What’s the Better Choice When You Marry a US Citizen?
Adjustment of Status vs. Consular Processing: What's Better for Your Marriage-Based Green Card Case?
When a U.S. citizen or lawful permanent resident marries a foreign national, one of the first major immigration decisions to make is whether to pursue Adjustment of Status (AOS) or Consular Processing (CP). This choice is especially crucial for individuals who entered the U.S. on a valid F-1 student visa, H-1B work visa, or B1/B2 visitor visa, as well as for those who may have tight travel schedules, expiring statuses, or employment concerns.
In this comprehensive guide, we’ll break down the differences between Adjustment of Status and Consular Processing, who qualifies for each, recent trends in USCIS handling, and how you can make the best decision based on your specific situation.
What is an Adjustment of Status?
Adjustment of Status offers eligible foreign nationals already living in the United States the opportunity to apply for lawful permanent residency, commonly known as a green card, without the need to travel abroad. This process is especially popular among spouses of U.S. citizens or lawful permanent residents who entered the country through a lawful means, such as on a visa or under the Visa Waiver Program. By allowing applicants to remain in the U.S. throughout the process, the Adjustment of Status provides a more convenient and streamlined path to securing permanent residency while continuingKey Requirements for Adjustment of Status: If you entered the United States lawfully, whether on an F-1 student visa, H-1B work visa, or an L-1 visa, and are married to a U.S. citizen or lawful permanent resident, you may be well-positioned to apply for a green card through marriage. As long as your relationship qualifies and you don’t have any disqualifying immigration or criminal history, you’re already on solid footing. And for spouses of U.S. citizens, there's an added advantage: you’re not required to maintain a valid nonimmigrant status at the time of filing, which offers greater flexibility as you take the next step toward permanent residency.
However, it is important to emphasize that overstaying your visa, regardless of its category, is never advisable. Overstays can result in severe consequences, including the accrual of unlawful presence, which may trigger bars to reentry or complicate future immigration benefits. Maintaining lawful status helps preserve your eligibility and minimizes risks during the adjustment process.
Additionally, while Adjustment of Status applications from individuals on ESTA or B-2 tourist visas were successfully processed for many years, it is no longer recommended to pursue this strategy under the current administration. Changes in immigration policy and increased scrutiny have made such filings more vulnerable to denial or even potential removal proceedings due to perceived misrepresentation or intent issues. As such, we advise exploring alternative lawful pathways or entering on appropriate visas when planning to adjust status, ensuring compliance with evolving USCIS standards and protecting your long-term immigration goals. to build a life together with their spouse.
If you enter the United States using an ESTA or B2 visa, it is crucial that you do not overstay your authorized period of admission. The government has the authority to change immigration laws and enforcement policies at any time, and we are already witnessing changes that raise significant concerns. Overstaying can lead to severe consequences, including removal from the U.S., future inadmissibility, and other legal complications. We strongly advise complying strictly with the terms of your entry to avoid jeopardizing your current and future immigration status. As of the date of this blog, we are only recommending the adjustment of status for new clients who are able to maintain their status for the entire period from filing the case until approval after the adjustment of status for the Green Card interview.
Benefits of Adjustment of Status:
Remain in the U.S. during the process.
Qualify to receive employment and travel authorization (EAD and Advance Parole).
An interview typically takes place at a local USCIS office.
Ideal for those with expiring F-1, OPT, or H-1B statuses who wish to remain with their spouse in the U.S and are able to maintain their status in the US.
Drawbacks of Adjustment of Status:
While the marriage-based green card process can take time, it’s much faster than it was before 2025. The timeline often ranges from 3 months to 12 months, depending on the USCIS field office location. In New York City, we are seeing that our clients have had their interviews scheduled anywhere from 3 to 8 months after filing or more. Of course, timelines can change at any time, so it’s wise not to base your expectations on a case filed earlier in 2025. Being aware of the timeline allows couples to plan with confidence. During this period, it’s important to keep in mind that international travel is prohibited unless Advance Parole is granted. The exception to this rule is if you have a valid H-1B or L-1 status and are still working for this employer and have a visa sticker in your passport for this current H-1B or L-1 employer. For spouses of lawful permanent residents, maintaining compliance is especially key: avoiding any status violations or unauthorized employment before filing ensures that you remain eligible and on the best possible path toward a successful outcome. You really should never file an adjustment of status case without an attorney unless you have an experienced immigration attorney, only because your eligibility changes month to month based on the US Department of State’s visa bulletin.
What is Consular Processing?
Consular Processing involves applying for an immigrant visa through a U.S. embassy or consulate abroad. This is often the only option for individuals outside the U.S., or for those who are ineligible for Adjustment of Status in the US due to status violations, unlawful entry, or if they simply have no way to enter the U.S. legally. Keep in mind that entering the U.S. with the intent to file an adjustment of status is not considered legal. If you decide to file for an adjustment of status for a marriage-based Green Card after entry, that is okay, but the case has to be meticulously planned so that you don’t face an immediate denial as soon as you enter the marriage-based adjustment of status interview with USCIS.
Key Requirements for Consular Processing:
Once the I-130 petition, filed by the U.S. citizen or lawful permanent resident spouse, is approved, the foreign national spouse takes the next exciting step toward permanent residency through Consular Processing. At this stage, you become eligible for an immigrant visa to be issued at a U.S. consulate abroad. The process includes a required medical exam and a consular interview, both important milestones that bring you closer to joining your spouse in the United States as a lawful permanent resident. With preparation and the right guidance, this phase can unfold smoothly and with confidence.
Benefits of Consular Processing:
Avoids issues of unlawful presence if the applicant is outside the U.S.
No need to maintain U.S. nonimmigrant status.
Drawbacks of Consular Processing:
Consular Processing typically requires the applicant to travel abroad, often to their home country, for the final steps of the green card process. While this approach can involve some uncertainty, such as the potential for administrative processing or delays, and limited control over the interview scheduling and environment, it also presents a clear and well-defined process that leads to joining your spouse in the United States. With thoughtful planning and strong preparation, many couples navigate this stage successfully, and even if temporary separation occurs, it’s often just a short chapter on the journey toward building a life together in the United States. I call it a small sacrifice for a more risk-free and secure process. However, it can take nearly two years from filing to when the foreign national spouse can enter the US.
F-1 Marriage Green Card and Adjustment of Status vs. Consular Processing
For F-1 students or recent graduates on OPT, Adjustment of Status is often the preferred path, especially if married to a U.S. citizen. These individuals typically:
Entered the U.S. lawfully.
Maintain good status.
You are eligible to file I-130 and I-485 concurrently.
Have NEVER violated the terms of their F-1 status, either by working for an employer that their OPT did not allow them to work for or by having a lapse in their F-1 status.
Generally speaking, even if you have a lapse in F-1 status, that will be forgiven if you are married to a U.S. Citizen. If you violated your visa by working for a non-authorized employer, then that’s very complicated. However, if the F-1 student falls out of status and is married to a lawful permanent resident (LPR), Consular Processing might be necessary, depending on the timing of visa availability.
H-1B Spouse Visa Options and Green Card Strategies
H-1B holders married to U.S. citizens or green card holders have strong pathways through Adjustment of Status via the USCIS Form I-485. Adjustment of Status allows them to stay in the U.S. and work while the green card is pending. If married to an LPR, and the priority date is not current, they may need to maintain H-1B status or plan for consular processing once the visa becomes available. Many H-1B professionals with expiring work authorization or nearing the six-year limit opt for an Adjustment of Status because:
It allows uninterrupted work with the EAD
They can remain in the U.S. with their spouse during the wait
Which is Better? Adjustment of Status or Consular Processing?
When deciding between Adjustment of Status and Consular Processing for a marriage-based green card, there’s no universally better option; it comes down to your unique circumstances. For couples already in the U.S., Adjustment of Status is often the more convenient choice, as it allows applicants to stay in the country while their application is processed. It also provides work authorization (EAD) and travel permission (Advance Parole) during the wait. On the other hand, Consular Processing is necessary if the immigrant spouse is outside the U.S. and typically involves attending a visa interview at a U.S. embassy or consulate abroad. While Adjustment of Status is generally seen as lower risk and faster (around 3–8 months), Consular Processing can take longer (18–24 months) and carries a slightly higher chance of delays or denials. Travel flexibility, location, urgency, and risk tolerance all play a role in determining the better path for each couple.
Recent Trends in USCIS and Consular Processing (2024–2025)
Over the past year, several significant developments have shaped both the Adjustment of Status and Consular Processing pathways, sometimes in encouraging and sometimes in challenging ways. USCIS has increased in-person interviews for marriage-based Adjustment of Status applicants, reflecting a growing emphasis on verifying the bona fides of the relationship. At the same time, some Adjustment of Status applicants have experienced longer waits for biometrics appointments and work permits, underscoring the importance of early and thorough preparation. On the consular side, many U.S. embassies, particularly in low-fraud regions, have made meaningful strides in streamlining interviews, leading to faster processing times. Exciting innovations are also underway, with electronic document submission and remote interviews being piloted in select locations, especially where there has already been a prior USCIS adjudication. Meanwhile, Requests for Evidence (RFEs) have become more common, especially for Adjustment of Status applicants with recent status gaps or incomplete documentation. Overall, these trends highlight the importance of proactive planning and strong documentation, but also reflect ongoing efforts to modernize and improve the process for well-prepared applicants.
“From the very beginning of our immigration journey, they treated us with kindness, respect, and sincere dedication...Sharon helped us through our spousal visa process with excellence, and also assisted with my grandfather’s reentry permit. Thanks to her and her team, my husband is now home and our family is finally together again. We couldn’t have asked for a more supportive, skilled, and genuinely caring group of professionals.
If you’re looking for someone who will fight for your future like it’s her own, who cares deeply about her clients, and who surrounds herself with a team just as dedicated — look no further. I recommend Sharon Khunkhun and her team 200% and beyond. She is the best Immigration Attorney in NYC.
With endless gratitude,
Sashi & Brayan”
Choosing the Right Path: Factors to Consider
Before choosing between Adjustment of Status and Consular Processing, ask yourself:
Are you currently in the U.S. on a valid visa (F-1, H-1B, B1/B2)?
Is your marriage to a U.S. citizen or a lawful permanent resident?
Do you need to travel soon?
Are you facing deadlines related to expiring status or job termination?
Are you hoping to stay in the U.S. and avoid traveling abroad for an interview?
How Our Office Can Help
As immigration attorneys experienced in both Adjustment of Status and Consular Processing, we help clients navigate these decisions every day. Whether you're a foreign student, professional, or visitor who recently married a U.S. citizen or green card holder, we’ll guide you through your best strategy based on your goals, risks, and timeline.
We’ve successfully handled complex F-1 marriage green card cases, strategic H-1B spouse visa adjustments, and urgent consular filings that require precise coordination. With recent changes in USCIS and Department of State practices, it’s more important than ever to have expert guidance. Contact us to discuss your Adjustment of Status vs. Consular Processing options in detail.
Your journey matters to us because we've been there, and we are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City, we represent clients all over the 50 states of the US. Call us, email us, or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results, even with the most difficult set of facts.