Part 4 – Adjustment of Status (AOS)

Part 4: AOS Applying for a Green Card After Arriving as a Tourist

Welcome to the Law Offices of Chris M. Ingram. We’re glad to have you join us for part four of our Fiancé (e) Visa and Green Card by Marriage series. In this session, we are going to talk about applying for your Green Card while in the US.

For many couples, the thought of being separated any longer than absolutely necessary is just unbearable. The idea of waiting nine months or more for approval—or paying for expensive flights back and forth—is simply not an option. So naturally, they ask, “Is there a better way?”
In most cases, U.S. immigration does allow a fiancé(e) or spouse who lawfully enters the U.S. to apply for a green card without leaving, rather than filing in their home country. However, this depends on which country they’re from.

While this process can be successful, it does come with some risks. The risk is much lower if the applicant has no criminal history whatsoever and no communicable diseases, so these background checks are cleared during the Green Card review process.

Now, here’s the reality: U.S. immigration doesn’t exactly love this approach. From their perspective, skipping the usual visa process raises security concerns. What if the person has a criminal record? That could mean tracking them down and possibly starting deportation proceedings. However, in practice, if the person is already married, has no legal issues, and meets all requirements, they typically get approved.

Based on our decades of experience, we’ve seen very positive outcomes, especially for clients from Europe, Canada, and Australia. That said, if you’re from outside these regions, we strongly recommend applying for a K-1 or K-3 visa or securing a green card through a U.S. Embassy or Consulate before entering the country.

This process—where someone enters the U.S. as a non-immigrant and then applies for a Green Card—is called Adjustment of Status (AOS). It’s a very popular option because it avoids the long wait times of the K-1, K-3, or consular Green Card process. Plus, it allows couples to enter the U.S. on their own timeline with more certainty.
But there are some key drawbacks to consider:

Travel restrictions – Once you apply for AOS, you typically cannot travel back home until your green card is approved.
Serious risks if you leave – If you travel before getting your green card, you could face major complications—some that might even bar you from re-entering the U.S. permanently, depending on your situation.

So while AOS can be a great option, it’s important to fully understand the risks before deciding if it’s right for you.

That’s it for this session! We hope this has helped clarify the AOS process and what to expect. If you have any questions, feel free to reach out. 

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
3. Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.

Chris M. Ingram strongly believes that every potential client deserves a free consultation. This allows individuals to speak personally and confidentially with an immigration specialist about their visa, work permit, or green card options. Our goal is to provide the guidance and expertise needed to help you achieve your American Dream.
We’re delighted you’ve found us, and we look forward to helping you make your immigration journey a reality. You’ve come to the right place!

All videos and content created by the Law Offices of Chris M. Ingram are intended for general informational purposes only and do not constitute legal advice. If you require specific guidance regarding your immigration case, please contact our office for personalized legal assistance.
Additionally, all images used on our website and in our videos are licensed stock images for illustrative purposes only. They do not depict actual clients or staff members unless otherwise noted