How to Qualify for Adjustment of Status in Texas When You Married a U.S. Citizen While on a Non-Immigrant Visa
Falling in love while in the United States on a non-immigrant visa can change your life — and your immigration plans. If you’re in Texas on a visa such as a visitor, student, or work visa, you might wonder if marrying a U.S. citizen allows you to stay and apply for a green card.
The answer is often yes, but only if you meet the eligibility rules for adjustment of status and avoid certain mistakes that could raise red flags.
Who Can Apply for Adjustment of Status After Marriage to a U.S. Citizen
You may qualify for adjustment of status if:
- You entered the U.S. legally with a valid visa, even if it later expired.
- You are married to a U.S. citizen (not a permanent resident).
- You have no serious immigration violations such as fraud, misrepresentation, or certain criminal offenses.
If you meet these conditions, you can usually file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) at the same time.
👉 Form I-130, Petition for Alien Relative (USCIS)
👉 Form I-485, Application to Register Permanent Residence (USCIS)
Common Non-Immigrant Visas Eligible for Adjustment of Status
Adjustment of status is typically available to people who entered on:
- B-1/B-2 Visitor Visas
- F-1 Student Visas
- H-1B or L-1 Work Visas
- J-1 Exchange Visitor Visas (depending on whether the two-year home requirement applies)
As long as you entered the U.S. with a visa and inspection, you can often adjust status after marriage to a U.S. citizen — even if your visa has expired.
Watch Out for the “90-Day Rule”
If you married a U.S. citizen and applied for a green card shortly after entering the U.S., USCIS may question whether you intended to immigrate when you arrived. Under the informal “90-day rule,” applying for adjustment too soon after entry can trigger suspicion of visa fraud.
It’s best to speak with an immigration attorney before filing if you married within the first three months of arriving.
👉 Schedule a consultation with Gilda Immigration to avoid mistakes that could lead to denial.
Benefits of Applying for Adjustment of Status Inside the U.S.
- You can remain in the U.S. while your case is pending.
- You can apply for work authorization and advance parole to travel.
- You’ll have legal protection and stability while waiting for your interview.
When You May Need a Waiver
If you violated your visa status (for example, by working without authorization or overstaying), your marriage to a U.S. citizen often forgives those issues.
However, if USCIS finds that you misrepresented your intent when you entered the U.S., you may need a waiver of inadmissibility (Form I-601) to move forward.
👉 USCIS: Waivers of Inadmissibility
Cross-Links to Related Blogs
- Learn about concurrent filing of I-130 and I-485 in Texas
- Read our adjustment of status interview checklist
- See how visa overstays can still qualify for a green card through marriage
FAQ: Adjustment of Status After Marrying a U.S. Citizen in Texas
1. Can I apply for a green card if my visa expired?
Yes, if you entered legally and are married to a U.S. citizen.
2. What if I entered on a student or work visa?
You can usually apply as long as your last entry was lawful.
3. Does it matter how soon I got married after entering?
Yes. Marrying or filing too quickly after entry can raise intent questions under the 90-day rule.
4. Can I travel while my application is pending?
Only if you receive advance parole. Leaving without it can cancel your application.
5. Do I need an attorney?
Yes. Adjustment based on marriage involves complex eligibility and timing rules.
Conclusion
Marrying a U.S. citizen while on a visa can open the door to permanent residency — if you meet the requirements and avoid common pitfalls. With careful planning and legal guidance, you can complete your adjustment of status in Texas confidently and start building your life together.
👉 Schedule a consultation with Gilda Immigration to start your green card process today.