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Marriage-based Adjustment of Status (AOS) — Florida cost, statutes, and filing package

Foreign spouse already in the United States adjusts status under INA § 245 via a concurrent I-130 + I-485 filing package. The default Florida package totals $3,205–$3,655 in integer-cents government fees: I-130 ($675 paper / $625 online) + I-485 adult ($1,440 / $1,375) + I-765 concurrent EAD ($260) + I-131 advance parole ($630 / $580) + I-864 Affidavit of Support ($0 USCIS fee) + I-693 medical exam ($200–$650 to a USCIS-designated civil surgeon). The range reflects the medical-exam estimate; all USCIS, DOS, and NVC fees are exact integer cents.

Default Florida cost range: $3,205 – $3,655

Filing package

USCIS, DOS, and NVC fees in integer cents. Source: backend public API at /immigration/calculator/cost?pathway=marriage_based_aos.

I-130 — Petition for Alien Relative

$675 paper / $625 online

U.S.-citizen petitioner establishes the qualifying spousal relationship.

  • INA § 204
  • 8 U.S.C. § 1154

I-485 (adult) — Application to Register Permanent Residence or Adjust Status

$1,440 paper / $1,375 online

Foreign spouse adjusts to LPR status without leaving the U.S. Biometrics are bundled — no separate $85 fee post-89 FR 6194.

Note — Concurrent filing with I-130 is the default. If filing separately the I-130 must be approved first.

  • INA § 245
  • 8 U.S.C. § 1255

I-765 (concurrent with AOS) — Employment Authorization (concurrent EAD)

$260 paper

Authorizes employment while the I-485 is pending. The $260 figure is the unbundled fee post-89 FR 6194 (was $0 when bundled with I-485).

  • INA § 274A(h)(3)
  • 8 CFR § 274a.12(c)(9)

I-131 (advance parole) — Application for Travel Document

$630 paper / $580 online

Allows international travel without abandoning the pending I-485. Departing without an approved advance parole abandons the application.

  • INA § 212(d)(5)
  • 8 CFR § 245.2(a)(4)

I-864 — Affidavit of Support

$0 paper

U.S.-citizen sponsor commits to maintain household income at or above 125% of the Federal Poverty Guidelines (100% for active-duty military sponsoring a spouse).

Note — No USCIS filing fee. NVC charges a $120 review fee only in consular processing — not in AOS.

  • INA § 213A
  • 8 U.S.C. § 1183a

I-693 — Immigration Medical Examination (civil surgeon)

$200 paper

USCIS-designated civil surgeon completes the medical and vaccination assessment. The form itself has no government filing fee; the cost is the physician's charge.

Note — Range: $200–$650 depending on provider, geography, and required vaccinations. Miami civil surgeons frequently at the higher end.

  • INA § 232
  • 8 CFR § 232

Eligibility

  1. 1. Valid, bona fide marriage to a U.S. citizen

    The marriage must be legally valid at the place of celebration and not entered into for the purpose of evading immigration laws. USCIS may issue Requests for Evidence demanding photographs, joint financial accounts, and witness affidavits.

    • INA § 204(c)
    • 8 CFR § 204.2(a)(1)(ii)

  2. 2. Inspected and admitted or paroled into the United States

    INA § 245(a) requires the foreign spouse to have been inspected and admitted or paroled. Visa overstays of a U.S.-citizen spouse are forgiven; entry without inspection is not, unless a § 245(i) grandfather provision applies.

    • INA § 245(a)
    • INA § 245(i)

  3. 3. Not inadmissible under INA § 212(a)

    Health, criminal, security, public-charge, and prior-immigration-violation grounds at § 212(a) must be cleared. The I-864 supports the public-charge waiver; criminal grounds may require an I-601 waiver with documented hardship.

    • INA § 212(a)
    • INA § 212(i)

Common pitfalls

Departing without an approved advance parole

Travel abroad while the I-485 is pending — without an approved I-131 advance parole in hand — is treated as abandonment of the AOS application. The applicant must restart consular processing from scratch.

  • 8 CFR § 245.2(a)(4)(ii)

Filing I-864 below the 125% FPG threshold

USCIS rejects affidavits where the sponsor's household income falls below 125% of the Federal Poverty Guidelines for the household size. The threshold drops to 100% for active-duty military sponsoring a spouse. A joint sponsor can be used but adds an I-864 filing burden.

  • INA § 213A(f)(1)(E)

Conditional residence without timely I-751

If the marriage is less than two years old at AOS approval, USCIS grants conditional permanent residence. The conditions must be removed by filing I-751 within the 90-day window before the second anniversary or status terminates.

  • INA § 216
  • 8 CFR § 216

Primary statutes

INA § 204 (8 U.S.C. § 1154)
Petition procedure for spouses of U.S. citizens.
INA § 245 (8 U.S.C. § 1255)
Adjustment of status to lawful permanent resident without leaving the U.S.
INA § 213A (8 U.S.C. § 1183a)
Affidavit of Support enforceability and the 125% FPG income threshold.
INA § 212(a) (8 U.S.C. § 1182(a))
Grounds of inadmissibility that block approval — health, criminal, security, public charge, prior immigration violations.
INA § 216 (8 U.S.C. § 1186a)
Conditional residence rules when the marriage is less than 2 years old at approval.

Frequently asked questions

How much does a marriage-based AOS cost in Florida?
Default Florida cost: $3,205–$3,655 in government and physician fees (no attorney). I-130 $675 + I-485 $1,440 + I-765 concurrent $260 + I-131 $630 + I-864 $0 + I-693 $200–$650 = $3,205 paper / $3,655 with the higher-end medical exam. Online filing of I-130 + I-485 + I-131 saves $50–$65 total.
Can a Florida AOS applicant work while the I-485 is pending?
Yes — once the concurrently-filed I-765 is approved (typically 4-8 months). The EAD is renewable and remains valid until I-485 adjudication.
What changed for marriage-based AOS under H.R. 1 (Pub. L. 119-21)?
Nothing directly. H.R. 1 amendments target asylum and EAD-for-asylum processing; the marriage-based AOS filing package and fees are unchanged from the April 2024 fee rule.
Is an attorney required for marriage-based AOS in Florida?
No — but Florida is a high-volume notario-fraud state. INA § 212(a)(6)(C) makes fraudulent representations a lifetime inadmissibility ground. Only a Florida-licensed attorney verified at floridabar.org or a DOJ Accredited Representative may give legal advice on a USCIS filing.
How long does marriage-based AOS take to adjudicate in South Florida?
USCIS posts case-processing times by field office at egov.uscis.gov. Miami Field Office I-485 adjudication ranges 12-24 months as of 2026, with EAD/AP issued at 4-8 months. Times vary by USCIS backlog and individual case complexity.

Sources

  1. 1USCIS Fee Schedule — Final Rule (89 FR 6194), effective April 1, 2024(accessed 2026-06-01)
  2. 2I-130 form page (USCIS)(accessed 2026-06-01)
  3. 3I-485 form page (USCIS)(accessed 2026-06-01)
  4. 4USCIS Policy Manual — Adjustment of Status, Volume 7(accessed 2026-06-01)

Legal

This data is generated by the Unilegal Florida immigration methodology model for educational purposes and does not constitute legal advice. The Immigration and Nationality Act (8 U.S.C.), Title 8 of the Code of Federal Regulations, USCIS policy manual, the Federal Register fee rules (incl. 89 FR 6194), Public Law 119-21 (H.R. 1, 2025), and Florida Statutes are the authoritative sources. USCIS fees and EOIR caselaw change frequently; always verify against uscis.gov + justice.gov/eoir.

Immigration matters affect lawful status, employment authorization, and removal exposure. Consult a Florida-licensed attorney verified at floridabar.org — never a 'notario' or non-attorney consultant. Notarios cannot give legal advice in the United States; fraudulent representations to USCIS trigger lifetime inadmissibility under INA § 212(a)(6)(C).

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