To get a green card through marriage, your U.S. citizen or permanent resident spouse files Form I-130 to prove the marriage is real. You then either apply for adjustment of status with Form I-485 if you are in the United States, or go through consular processing at a U.S. embassy if you are abroad. Most couples attend an interview before approval.
Key takeaways
- Spouses of U.S. citizens are “immediate relatives” and do not wait for a visa number.
- The marriage must be genuine; evidence of a shared life is the heart of the case.
- If you have been married less than two years when approved, you receive a conditional two-year green card.
Who qualifies?
You must be legally married to a U.S. citizen or lawful permanent resident, and the marriage must be bona fide, meaning entered into to build a life together rather than to obtain immigration benefits. Same-sex marriages are treated the same as opposite-sex marriages. Prior immigration violations, criminal history or past fraud can complicate or block a case, so they are worth discussing with an immigration attorney first.
Spouse of a citizen vs spouse of a permanent resident
Spouses of U.S. citizens are immediate relatives, so a visa is available as soon as the petition is approved, and if they entered the U.S. lawfully they can usually file the I-130 and I-485 together. Spouses of green card holders fall into the F2A family preference category, which can involve a waiting period depending on the visa bulletin.
Step-by-step process
- File Form I-130 (Petition for Alien Relative) with proof of the sponsor’s status and of the marriage.
- If in the U.S.: file Form I-485 (Adjustment of Status), often together with the I-130 for spouses of citizens, plus optional Form I-765 for a work permit and Form I-131 for travel permission while the case is pending.
- If abroad: after I-130 approval the case moves to the National Visa Center; you submit Form DS-260, civil documents and fees, then attend an interview at a U.S. embassy or consulate.
- Affidavit of support: the sponsoring spouse files Form I-864 showing income of at least 125% of the federal poverty guidelines for the household size, or uses a joint sponsor.
- Biometrics: fingerprints and a photo at a USCIS support center.
- Medical exam by a USCIS-designated civil surgeon or panel physician.
- Interview: an officer asks both spouses about the relationship and reviews documents.
- Decision: approval leads to a green card mailed to you, or an immigrant visa to enter the U.S.
How to prove your marriage is real
- Joint lease or mortgage, utility bills and bank accounts.
- Shared insurance policies, tax returns and beneficiary designations.
- Photos together over time, travel records and messages.
- Birth certificates of children you have together.
- Statements from friends and family who know you as a couple.
Fees and processing times
USCIS raised most filing fees in April 2024; the I-130 is $675 on paper ($625 online) and the I-485 is $1,440 for most adults, with additional fees for related forms. Fees change, so check the current USCIS fee schedule before filing. Processing times vary widely by office and case type, from several months to more than a year; USCIS publishes current estimates on its website.
Conditional green card and removing conditions
If the marriage was less than two years old on the day the green card is approved, you receive a conditional green card valid for two years. In the 90 days before it expires, both spouses file Form I-751 with evidence that the marriage continues. Waivers exist if the marriage ended in divorce or involved abuse.
Frequently asked questions
Can I work while my marriage green card case is pending?
If you file Form I-765 with your I-485, you can work once the work permit is approved.
Can I travel while the case is pending?
Leaving the U.S. without advance parole (Form I-131) can abandon a pending I-485 in many cases. Get travel permission first.
Do I need an immigration lawyer?
Not always, but it is strongly recommended if you have prior visa overstays, removal proceedings, criminal records or earlier marriages that could raise questions.
Immigration rules and fees change often. Check USCIS and Department of State resources and consult a licensed immigration attorney or accredited representative for advice on your case. For counting response deadlines on notices, our legal deadline calculator can help.