Step-by-step guide to obtaining a green card through marriage to a US citizen or permanent resident. Covers Form I-130, adjustment of status (I-485), consular processing, the marriage interview, and conditional vs permanent residence.
The marriage must be legally recognized in the jurisdiction where it took place. Same-sex marriages are fully recognized by USCIS. Proxy marriages are accepted only if consummated after the ceremony. Common-law marriages are accepted if recognized by the state where the couple lives.
Obtain your official marriage certificate
If married abroad, verify the marriage is valid under that country's law
Determine if you qualify for adjustment of status or consular processing
Adjustment of status (AOS): file from within the US if you entered legally and are married to a US citizen. Consular processing: file from outside the US or if you are ineligible for AOS. Spouses of US citizens are 'immediate relatives' with no visa number wait — LPR spouses face a multi-year queue. Consult an immigration lawyer to determine the best path for your situation.
Confirm the petitioning spouse is a US citizen or lawful permanent resident
Determine if you are in the US with a legal entry (for AOS eligibility)
Check if any bars to adjustment apply (unlawful presence, prior deportation)
Understand conditional vs permanent residence
If your marriage is less than 2 years old when the green card is approved, you receive a 2-year conditional green card. You must file Form I-751 to remove conditions 90 days before it expires. If married 2+ years at approval, you receive a 10-year permanent green card directly.
File Form I-130 (Petition for Alien Relative)
Complete Form I-130
The US citizen or LPR spouse (petitioner) files Form I-130 for the foreign-born spouse (beneficiary). File online at my.uscis.gov or by mail. Online filing is faster — receipt notices arrive in 1-2 weeks vs 4-6 weeks by mail.
Complete Form I-130 with petitioner and beneficiary information
Complete Form I-130A (Supplemental Information for Spouse Beneficiary)
Gather I-130 supporting evidence
Marriage certificate (original or certified copy)
Proof of petitioner's US citizenship (passport, birth certificate, or naturalization certificate)
Passport-style photos of both spouses (2x2 inches)
Proof of termination of prior marriages (divorce decrees, death certificates)
Gather evidence of bona fide marriage
USCIS scrutinizes marriage-based green cards for fraud. The stronger your bona fide evidence, the smoother the process. Submit as much as possible from this list — more is better. Organize chronologically to show the relationship timeline.
Joint bank account statements
Joint lease or mortgage documents
Joint insurance policies (health, auto, life)
Photos together spanning the relationship (dated, at different events)
Affidavits from friends and family attesting to the relationship
Pay the I-130 filing fee
The I-130 filing fee is 535 USD. Pay online (credit/debit) or by check/money order payable to 'U.S. Department of Homeland Security.' Fee waivers are not available for I-130.
Adjustment of Status (I-485) — If Filing from Within the US
File Form I-485 concurrently with I-130
Spouses of US citizens can file I-485 (Adjustment of Status) at the same time as I-130. This is called concurrent filing and saves months. LPR spouses must wait for I-130 approval and visa availability before filing I-485.
Complete Form I-485 (Application to Register Permanent Residence)
Pay 1,440 USD filing fee (includes biometrics)
File Form I-864 (Affidavit of Support)
The petitioning spouse must prove income at or above 125% of the Federal Poverty Guidelines (100% for active-duty military). For a household of 2 in 2026, this is roughly 25,550 USD annually. If the petitioner's income is insufficient, a joint sponsor can co-sign a separate I-864.
Complete Form I-864 with the petitioner's income information
Attach federal tax returns from the last 3 years
Include W-2s, pay stubs, and employment verification letter
Find a joint sponsor if petitioner's income is below the threshold
File ancillary applications for work and travel permits
File Form I-765 (Employment Authorization) and I-131 (Advance Parole for travel) concurrently with I-485. Both are included in the I-485 filing fee. The combined EAD/AP card (combo card) typically arrives in 3-5 months. Do not travel outside the US before receiving Advance Parole — leaving without it abandons your I-485.
File Form I-765 (Application for Employment Authorization)
File Form I-131 (Application for Travel Document)
Wait for combo card before traveling internationally
Complete the medical examination (Form I-693)
The medical exam must be performed by a USCIS-designated civil surgeon (find one at uscis.gov/find-a-doctor). The exam includes a physical, blood tests, TB screening, and verification of required vaccinations. Cost: 200-500 USD (not covered by most insurance). The I-693 is valid for 2 years from the civil surgeon's signature.
Find a USCIS-designated civil surgeon
Bring vaccination records to the appointment
Obtain the sealed I-693 envelope (do not open it)
Attend the biometrics appointment
USCIS mails a biometrics notice (Form I-797C) within 3-6 weeks of filing. The appointment is at your local USCIS Application Support Center (ASC). Bring the notice, your passport or government ID, and the I-485 receipt notice. Walk-in biometrics are available at some ASCs if you cannot make your scheduled date.
Consular Processing — If Filing from Outside the US
Wait for I-130 approval and case transfer to NVC
After USCIS approves the I-130, the case transfers to the National Visa Center (NVC). NVC assigns a case number and sends instructions for DS-260 completion. Transfer takes 4-8 weeks. Track your case at ceac.state.gov.
Monitor USCIS case status for I-130 approval
Watch for NVC welcome letter with case number
Complete Form DS-260 (Immigrant Visa Application)
Fill out the DS-260 online at ceac.state.gov. This replaces the DS-230. It covers personal information, travel history, work history, education, and security questions. Both the principal applicant and any derivative beneficiaries (children) must each complete a DS-260.
Complete DS-260 for each applicant at ceac.state.gov
Submit the form and print the confirmation page
Submit supporting documents to NVC
Form I-864 (Affidavit of Support) with tax returns and evidence
Civil documents (birth certificate, marriage certificate, police certificates)
Passport copy and photos
Evidence of bona fide marriage
Complete the medical examination abroad
The medical exam must be done by a US embassy-designated panel physician. Find your panel physician at travel.state.gov. Bring your passport, vaccination records, and any medical records. Results are valid for 6 months (or 3 months for conditions requiring follow-up).
Attend the immigrant visa interview at the US consulate
NVC schedules the interview once all documents are reviewed and fees paid. The interview focuses on the bona fides of your marriage and admissibility. Both spouses should attend if possible. Expect questions about how you met, your daily life together, future plans, and details about each other's families. Honest, consistent answers from both spouses are critical.
Bring all original documents (marriage certificate, birth certificates, financial evidence)
Bring additional bona fide marriage evidence (photos, joint documents)
Prepare for questions about your relationship history and daily life
Marriage Green Card Interview (AOS and Consular Processing)
Prepare for the USCIS or consulate interview
For AOS, both spouses attend the interview at the local USCIS field office. For consular processing, the interview is at the US embassy abroad. Interviews last 15-45 minutes. The officer may interview you together, separately, or both. Bring all original documents plus updated bona fide evidence since filing.
Review your application and supporting documents before the interview
Bring updated evidence of shared life (recent joint bills, new photos, lease renewals)
Bring original civil documents (marriage and birth certificates)
Prepare for common interview questions
Officers ask about: how and when you met, who proposed, who attended the wedding, where you live, daily routines, how you share finances, each other's family members, and future plans (children, career). Inconsistent answers between spouses raise red flags. If separated during the interview, your answers must align.
Agree on a timeline of your relationship (first date, engagement, wedding)
Know basic details about each other's daily life and family
Receive the interview decision
Possible outcomes: approved (green card mailed within 2-4 weeks for AOS; immigrant visa packet issued for consular), additional evidence requested (Stokes interview for suspected fraud), or denied. If denied, you can file a motion to reopen or appeal. Consult an immigration attorney immediately if your case is denied or referred for a Stokes interview.
After Approval: Conditional and Permanent Residence
Receive your green card
AOS approvals: the green card is mailed to your US address within 2-4 weeks. Consular processing: you receive an immigrant visa packet — enter the US within 6 months, and the green card is mailed after arrival. Verify the card details (name, category, expiration date) immediately upon receipt.
Verify all details on the green card are correct
Apply for a Social Security Number if you do not have one (form SS-5)
File I-751 to remove conditions (if conditional green card)
File Form I-751 (Petition to Remove Conditions) during the 90-day window before your 2-year conditional green card expires. File jointly with your spouse. Include updated evidence of bona fide marriage (joint tax returns, joint financial accounts, children's birth certificates, lease or mortgage). Filing fee: 750 USD. If divorced or in an abusive marriage, you can file a waiver of the joint filing requirement — consult an immigration attorney.
Calendar the 90-day filing window (90 days before card expiration)
Gather updated bona fide marriage evidence
File I-751 with 750 USD fee before the green card expires
Understand your rights and obligations as a permanent resident
Carry your green card at all times when outside your home
File US tax returns annually (worldwide income)
Do not leave the US for more than 6 months without a re-entry permit
Apply for US citizenship after 3 years of marriage-based permanent residence (if eligible)
Frequently Asked Questions
How long does the marriage-based green card process take?
For spouses of US citizens applying from within the US (adjustment of status), the process typically takes 12-24 months from filing Form I-130 to receiving the green card. Spouses living abroad (consular processing) may see a similar timeline. If the marriage is less than 2 years old at approval, you receive a 2-year conditional green card and must file Form I-751 to remove conditions before it expires.
How much does a marriage-based green card cost?
The total government filing fees are approximately $1,760, including $535 for Form I-130, $1,140 for Form I-485 (adjustment of status), and $85 for biometrics. If filing from abroad via consular processing, the immigrant visa application fee is $325. Attorney fees, if you hire one, typically range from $3,000 to $7,000 depending on complexity. Consult an immigration lawyer if either spouse has prior immigration violations or criminal history.
What evidence proves a marriage is genuine for immigration?
USCIS looks for evidence that the marriage is bona fide and not entered solely for immigration benefits. Strong evidence includes joint bank account statements, a shared lease or mortgage, joint utility bills, joint tax returns, health insurance beneficiary records, and photos together over time. Affidavits from friends and family who can attest to the relationship's authenticity also help. The more evidence of a shared life, the stronger the case.
Can I work while my marriage green card is pending?
If you filed Form I-485 (adjustment of status), you can apply for an Employment Authorization Document (EAD) using Form I-765 concurrently. As of 2023, USCIS issues a combo card (EAD + Advance Parole) that allows you to both work and travel internationally while your green card is pending. Processing times for the combo card range from 3-9 months. Working without authorization before receiving your EAD can jeopardize your application.
Does my spouse need to meet an income requirement to sponsor me?
Yes. The sponsoring spouse must file Form I-864 (Affidavit of Support) demonstrating household income at or above 125% of the federal poverty guidelines. For a household of 2 in 2026, this is approximately $25,550 per year. If the sponsor's income falls short, a joint sponsor who is a US citizen or permanent resident can co-sign the affidavit. Assets worth 3x the income shortfall (5x if the sponsor is a citizen) can also be used to meet the requirement.