Marriage & Adjustment of Status for H-1B Holders in 2026: A Complete Guide for Couples
If you’re in the United States on an H-1B visa and have recently married, or are planning to marry, a U.S. citizen, you may be wondering what that means for your immigration future. At Khunkhun Law, we help H-1B holders and their U.S. citizen spouses navigate the marriage-based adjustment of status (AOS) process with clarity, precision, and strategy, no matter where you reside in the U.S.
Adjusting status after marriage can be one of the strongest paths to permanent residency, but only if you understand the timing, the requirements, and the pitfalls to avoid.
Why Marriage to a U.S. Citizen Matters for H-1B Holders
Marriage to a U.S. citizen creates one of the most favorable pathways to permanent residency/green card under U.S. immigration law. Unlike many other family-based categories, spouses of U.S. citizens are immediate relatives, meaning there is no annual visa cap, and in most cases, no prolonged waiting period based on visa numbers.
For H-1B holders, who already have lawful status, marrying a U.S. citizen opens the door to adjustment of status right here in the United States, without needing to leave the country for consular processing. But it’s not automatic. Timing, documentation, and legal strategy matter.
The Family-Based Immigration Process for H-1B Holders Who Marry U.S. Citizens
1. File the I-130 Petition for Alien Relative
This is the first step in establishing your qualifying family relationship with your U.S. citizen spouse. Your spouse will submit:
Form I-130 (Petition for Alien Relative), and
Supporting proof of a bona fide marriage (photos, leases, joint bank accounts, etc.).
2. File the I-485 Adjustment of Status Application
Because you are already in the U.S. on an H-1B, you can typically file your green card application (Form I-485) concurrently with the I-130. Filing concurrently can shorten overall processing times.
3. Supplementary Forms and Evidence
Along with your I-485, you’ll likely file:
Form I-765 (Work Permit) — so you can work without depending on H-1B status.
Form I-131 (Advance Parole) — so you can travel outside the U.S. while your green card case is pending.
Affidavit of Support (Form I-864) — showing your U.S. spouse can financially support you.
4. Biometrics Appointment
USCIS will schedule your appointment for fingerprints and background checks.
5. Adjustment Interview
Most couples will be asked to attend a green card interview, either together or separately, where USCIS reviews their relationship and eligibility.
6. Approval
If everything goes smoothly, you will receive your green card, often a conditional permanent residency, if you have been married for less than two years.
Current Immigration Climate (2026) for H-1B Marriage AOS Cases
The immigration landscape has changed significantly in recent years. Today:
Adjustment of status cases for H-1B holders remain viable and widely accepted, especially where the marriage is genuine and well-documented.
USCIS continues to scrutinize marriage cases for authenticity, especially when marriages occur soon after visa expiration or change of status, so evidence-building is more important than ever.
H-1B holders generally fare better than many other nonimmigrant categories because they have maintained lawful status and have a strong employment record. Also, H-1B is a wonderful status to be in as an adjustment of status applicant as this is a dual intent visa.
However, processing times for adjustment of status remain variable, averaging 3-6 months or more in New York City. Elsewhere, we must look at the local field office.
Legal strategy is critical, especially if travel (advance parole), work authorization timing, or underlying H-1B status questions could complicate the case.
Our experience shows that thorough preparation, careful evidence gathering, and strategic filing often result in successful outcomes, even in complex scenarios.
“Thanks to her and her awesome team, the green card application process has been very smooth (soooo much smoother than I thought). I’m in my last year of H1B and looking to transition to green card when just getting married for 2 months. With my H1B expiring soon I was very nervous. With the help from Khunkhun, we started preparing for the application in January 2025 and got my green card approved end of July. The whole process only took 6 mos!!”
Why Legal Guidance Matters More in 2026
Because marriage-based adjustment of status cases require detailed evidence, precise timing, and tactical preparation, having experienced counsel makes a real difference. In our practice, we have seen:
USCIS increasingly focuses on authentic evidence
Greater requests for supplements or interrogatories
Elevated scrutiny when the underlying non-immigrant status is close to expiration
An experienced attorney not only prepares your case, but they also anticipate issues before they arise.
FAQs
1. Can I adjust status while on an H-1B visa without leaving the U.S.?
Yes. Because you are already in lawful status, you may file for adjustment of status from within the United States without consular processing abroad. This is one of the biggest advantages of marrying a U.S. citizen while on H-1B.
2. Should I keep working on my H-1B while my green card case is pending?
In most cases, continuing to work under your valid H-1B is recommended. However, once you file for adjustment, you may also seek an Employment Authorization Document (EAD). We can help you evaluate the best timing for both, however, what many people do not know is that if while on H-1B status, you use your EAD, you will no longer be in legal status. Using the EAD will kick you off H-1B status and the EAD in and of itself does not provide legal status. Adjustment of status only tolls the running of unlawful presence.
3. What if my H-1B is expiring soon or has already expired?
If your H-1B has expired or will expire before your adjustment is adjudicated, you may remain in the U.S. through “adjustment of status pending” protections, but only if your I-485 is timely filed and properly supported. Do not make travel or employment decisions without consulting your attorney.
4. Will my green card case trigger an interview?
Yes, most couples are required to attend a USCIS interview. During the interview, you will answer questions about your relationship, background, and eligibility. Our firm prepares clients thoroughly so they attend with confidence.
5. What if my H-1B employer changes or I change jobs while my AOS is pending?
Job changes during AOS can be tricky, but for spouses of U.S. citizens, employment changes are usually less risky than employment-based cases. Still, timing and documentation matter, and we’ll help you navigate any employment transition.
Your Next Steps
If you are an H-1B holder married to a U.S. citizen or planning to marry, the right legal advice and filing strategy can mean the difference between approval and delay or denial. The process may be complex, but your future together shouldn’t be uncertain.
Schedule a consultation with Khunkhun Law today
Book a consultation with Khunkhun Law today, and take the first legal step toward your future together in the United States. Let us help you map out the best H-1B to the USA immigration route. Schedule your consultation now to ensure your love story continues without legal roadblocks. 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.