Adjustment of Status vs. Consular Processing — What’s Better for Spouses?

Should I do adjustment of status or consular processing for my spouse?

If you’re married to a noncitizen and want to help them become a permanent resident of the United States, you’ll quickly face a key decision: Should we pursue adjustment of status or consular processing? The process typically begins with filing Form I-130, Petition for Alien Relative, to establish the qualifying relationship with your family member.

This is one of the most common — and confusing — immigration choices for couples in New Orleans, Metairie, and throughout Southeast Louisiana. After your initial visa petition (Form I-130) is approved, you must decide between adjustment of status and consular processing. Both options can lead to a green card, but they involve very different processes, timelines, and risks.

At Bloom Legal Network, we connect families with experienced immigration attorneys who can help you determine which path is better based on your spouse’s immigration history, location, and long-term goals. Both adjustment of status and consular processing ultimately allow your spouse to get a green card.

Let’s walk through the pros and cons of each. For most family-based green card cases, the petition for alien relative is the first step in the process:

What Is Adjustment of Status?

Adjustment of Status (AOS) is the process of applying for lawful permanent residence (a green card) from inside the United States. This option is typically available when your spouse is already in the U.S. — either on a valid visa or, in some cases, even if they entered without inspection.

To begin adjusting status, applicants must submit Form I-485 to USCIS. The process involves submitting supporting documents along with the form, and the application is considered a pending form while it is being reviewed by USCIS.

• Your spouse can remain in the U.S. while their application is pending.
• Your spouse can apply for a work permit (Form I-765) and travel authorization (advance parole, Form I-131) while their Form I-485 is pending.
• You must be a U.S. citizen or green card holder and have filed a visa petition (Form I-130) on your spouse’s behalf.

The adjustment of status process begins after the visa petition is filed and approved.

Common reasons couples choose Adjustment of Status:

• Your spouse is already living with you in the U.S.
• You want to avoid the risks of international travel
• Your spouse qualifies to apply for a work permit and travel authorization while the case is pending, and can also apply for a green card and other immigration benefits during this time
• You prefer attending the green card interview locally (usually at the USCIS office in Metairie or New Orleans)

📍 In Jefferson Parish and St. Tammany Parish, local USCIS offices handle many AOS interviews, making it easier to stay close to home during the process.

What Is Consular Processing?

Consular Processing is when your spouse applies for a green card from outside the United States by attending an interview at a U.S. embassy or consulate in their home country.

Consular processing begins after the immigrant visa petition (Form I-130) is filed with the Department of Homeland Security, approved by USCIS, and forwarded to the National Visa Center (NVC). The National Visa Center will request supporting documentation and immigrant visa processing fees before scheduling the immigrant visa interview at the consular office.

The applicant must submit the immigrant visa application (Form DS-260) and supporting documents to the consular officer. The consular officer will review the applicant’s case, conduct the immigrant visa interview, and make a final decision. If approved, the applicant will receive an approval notice and a visa packet, which must be presented at the port of entry to a CBP officer.

The applicant’s passport will be stamped with the immigrant visa, and the expiration date on the visa determines the latest date they can enter the United States. Before receiving their permanent resident card, the applicant must pay the USCIS immigrant fee. For more information about border protection and entry requirements, visit the CBP website.

Couples often choose Consular Processing when:

• The immigrant spouse is still living abroad
• The spouse doesn’t qualify to adjust status from within the U.S.
• You want to avoid any complications from unlawful presence
• The overseas interview process may be quicker in certain situations
• Consular processing is often used for immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, because visas for immediate relatives are not subject to annual limits and processing times are generally faster.
• Establishing a qualifying family relationship through the alien relative petition (Form I-130) is required for the intending immigrant to be eligible for a green card. Make sure to provide all applicable documentation to demonstrate this relationship.
• After approval, the intending immigrant will be able to live and work in the United States permanently.

⚠️ In Southeast Louisiana, consular processing is often used when a U.S. citizen has married someone who never entered the country legally or has been living abroad throughout the relationship.

Pros and Cons of Adjustment of Status for Spouses

✅ Pros

• Your spouse can remain in the U.S. while the case is processed
• They can apply for a work permit (EAD) and advance parole to travel
• No need to attend an interview abroad
• You’re able to stay together during the waiting period

❌ Cons

• Longer wait times in some cases
• Requires your spouse to be eligible under specific rules
• May be denied if your spouse violated immigration status or entered unlawfully; if USCIS denies the application, your spouse may have to leave the U.S. or pursue consular processing

🧭 Not sure if your spouse qualifies? Bloom Legal Network can connect you with an immigration attorney who can review your unique situation before you file.

Pros and Cons of Consular Processing for Spouses

✅ Pros

• Often faster than AOS in certain cases
• Avoids complex U.S. immigration eligibility questions
• Ideal if your spouse is already living abroad

❌ Cons

• Requires international travel and medical exams abroad
• May involve long wait times depending on the consulate
• If something goes wrong, your spouse is stuck outside the U.S.

⚠️ Legal guidance can prevent painful mistakes.

What About Unlawful Presence or Visa Overstays?

This is where it gets complicated — and where legal advice becomes critical. If your spouse entered the U.S. without inspection or overstayed a visa by more than 180 days, leaving the country for a consular interview could trigger a 3- or 10-year bar from reentry.

In those cases, Adjustment of Status may be safer — or your spouse may need a waiver of inadmissibility (I-601A) before leaving the country. If minor children are included in the application, they may also require waivers.

📞 Contact Bloom Legal Network to connect with an immigration attorney who can assess whether your spouse qualifies for a waiver and guide you through it the right way.

Which Option Is Faster?

It depends. In some cases, consular processing may be quicker — especially if your spouse is overseas and there’s no need to wait for a work permit. However, USCIS backlogs, consulate delays, and pandemic-related closures can affect both options unpredictably.

For spouses in Louisiana, Adjustment of Status timelines vary by the applicable USCIS field office, so couples in New Orleans might experience different wait times than those in St. Tammany or Jefferson Parish.

Which Option Is Better for Your Spouse?

There’s no one-size-fits-all answer. The right decision depends on your spouse’s location, immigration history, and your family’s goals. But one thing is clear — choosing the wrong path can lead to unnecessary delays, risks, or even denials. U.S. Citizenship and Immigration Services (USCIS) is responsible for reviewing and either approving or denying petitions and forms, such as Form I-130 and Form I-485. Applicants can find official guidance and submit these forms through the USCIS website.

That’s why we always recommend working with an experienced immigration attorney who knows the ins and outs of both AOS and consular processing — and who understands how local cases are handled here in Southeast Louisiana.

Need Help Choosing the Right Immigration Path?

Whether you’re in New Orleans, Metairie, St. Charles Parish, or anywhere in Southeast Louisiana, Bloom Legal Network will connect you with a trusted immigration attorney who can help you decide the best and safest route for your spouse’s green card.📞 Call us at 504-599-9997
📧 Email us at info@bloomlegal.com
Start your journey toward permanent residency the right way — with legal confidence and a plan.

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