Marriage Based Green Card Guide

A marriage green card comes with a host of benefits, including legal permanent residency, the ability to get work authorization, travel flexibility, a path to citizenship, and more. It’s important to follow all the immigration steps diligently to avoid unnecessary delays or denials of your visa application. Unlike many other immigration benefits, you can apply for a marriage green card even if you have an unlawful presence in the U.S. or you have overstayed a visa, although these are not ideal circumstances and should be thoroughly addressed with a marriage visa lawyer.

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What is a Marriage-Based Green Card

A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident (green card holder) to live and work permanently in the United States. The green card grants foreign-born spouses permanent resident status under the law, opening a pathway to citizenship after three years of marriage.

Green card vs. visa: While a visa allows temporary stay and work, a green card offers permanent residency and more long-term benefits.

How to Apply for a Marriage Green Card

If You Are Married to a U.S. Citizen

Good news – if you are married to a U.S. citizen, you are considered an “immediate relative” by law. That means there’s no waiting for a visa to become available, making the green card process faster compared to other family-based categories.

Step One: File Form I-130

The green card process starts when the U.S. citizen submits Form I-130, petition for alien relative to establish a valid marital relationship with USCIS.

After the I-130 approval, the next steps will depend on whether the beneficiary spouse is living in the U.S. on a valid nonimmigrant visa or is living abroad.

Step Two: Apply for a Green Card

If the beneficiary spouse is in the U.S., they may be eligible to file Form I-485 (Application to Adjust Status) either concurrently with the I-130 (much faster this way) or after it is approved. This allows them to stay in the U.S. while their green card application is processed.

• The I-485 must be submitted with supporting evidence, which includes a birth certificate, proof of nationality, and proof of lawful entry to the U.S. (I-94 travel record).
• After you’ve filed the initial paperwork, your green card interview will be scheduled approximately 3-4 months later.

If the beneficiary spouse resides abroad, they must undergo consular processing after the I-130 finishes processing.

• Once the USCIS has approved your I-130 petition, it will be sent to the National Visa Center (NVC).
• NVC will then assign a case number for the petition and notify the beneficiary spouse to complete the DS-261, Choice of Address and Agent (NOTE: If you already have an attorney, you will not be asked to complete DS-261).
• The NVC will start processing your case by notifying both the beneficiary and the petitioner to pay the appropriate fees.
• After the payment, the NVC will ask you to submit the needed documents for an immigrant visa, including the Affidavit of Support, civil documents, application forms (DS-260), and any other items deemed necessary for the case.
• The spouse will then schedule a medical exam and attend an appointment with a consular officer at the embassy or consulate of the country where they reside.

Consular processing fees for a marriage-based green card include a visa application processing fee of $325 and a medical examination fee, which varies. Other costs may include photocopying and translation charges.

If You Are Married to a Permanent Resident

Getting a green card through marriage to a permanent resident is possible, but the process is slightly different compared to marrying a U.S. citizen.

While spouses of U.S. citizens are considered immediate relatives and can apply right away, spouses of green card holders are in the F2A visa category, which is subject to annual visa limits. This means there may be a waiting period before you can move forward in the process.

The steps include:

Step One: File Form I-130

The U.S. permanent resident begins by filing Form I-130 (Petition for Alien Relative) to establish the marital relationship.

Step Two: Wait for a Visa to Become Available

Unlike immediate relatives, spouses of green card holders must wait until their priority date becomes current in the Visa Bulletin before applying for a green card.  A visa is considered current when your priority date (the date USCIS receives your I-130) is earlier than the cut-off date listed in the monthly Visa Bulletin. Once it’s current, you can move forward with your green card application.

Step Three: Apply for a Green Card (When Eligible)

After your priority date is current, you can begin applying for your green card through consular processing.

Important Tip: Although getting a green card through marriage can often be the easiest way to obtain residency for a non-U.S. citizen, approval is not automatic. U.S. citizens applying for a fiancée visa or marriage green card must be aware that immigration officials will scrutinize their applications to ensure that the marriage is legitimate and bona fide, and not for the sole purpose of gaining immigration benefits.

Can my Spouse Work and Travel? (for spouses applying from within the U.S.)

Work:

Yes, but only after receiving a work permit (EAD)

• They must file Form I-765 with the I-485.

• Once approved, they’ll receive an Employment Authorization Document (EAD) and can legally work in the U.S.

• Takes around 2.1 months to process, according to USCIS data

Travel:

Yes, but only after receiving Advance Parole (Travel permit)

• They must file Form I-131 to request Advance Parole.

• Leaving the U.S. without Advance Parole while the I-485 is pending may be considered abandonment of their green card application.

• Advance Parole typically takes 3–6 months to be approved and arrives on a combo card with the EAD.

Typically, the spouse will be issued an Employment Authorization Document (EAD) within a 90-day window and, in some cases, may be approved to travel overseas.

Conditional Green Card

If the marriage is less than two years old when the green card is approved, the spouse will receive a CR-1 conditional green card valid for two years instead of the standard 10-year green card.

The two-year conditional period gives USCIS a chance to re-evaluate the legitimacy of the marriage before granting permanent residency.

How Do I Remove Conditional Green Card Conditions?

To remove the conditions on a conditional green card, you must file I-751 (Petition to Remove Conditions on Residence) in the 90-day window before the green card expires. This involves the citizen and the foreign spouse submitting proof that the marriage was entered into in good faith and not solely for immigration purposes.

A non-exhaustive list of evidence may include:

Evidence of a Shared Life Together

• Joint bank account statements
• Copy of lease or mortgage showing both names
• Shared auto, home, or health insurance policies
• Joint lease agreement
• Joint income tax returns (IRS Form 1040)
• Utility bills with both names (gas, electricity, internet)
• Shared phone plans

Evidence of an Ongoing Relationship

• Photos together at family events or vacations (with dates and captions)
• Travel itineraries, hotel bookings, or tickets showing travel together

Affidavits

• Affidavits from a close friends, relatives, neighbors or coworkers who know both spouses
  • Should include full names, contact information, and a detailed description of how they know the couple and can attest to the relationship

Legal and Official Documents

• Marriage certificate
• Life insurance policy listing spouse as beneficiary

Note: This is not an exhaustive list. We recommend working with an experienced immigration attorney to provide support with submitting the right documentation.

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Who Needs a Marriage Visa Lawyer?

We recommend that most couples enlist the help of a qualified immigration attorney. With something as sensitive as the future of your relationship, it’s worth the investment to have your case handled by a team with years of experience and countless approvals.

If any of the following apply to your situation, it is highly advisable to contact our office today:

• You are not 100% confident submitting your own immigration application.
• You or your spouse has a criminal record;
• You or your spouse has illegally entered the U.S.;
• You or your spouse has previously violated U.S. immigration regulations;
• You or your spouse had a U.S. immigration application rejected;
• Your marriage-based green card application lacks the necessary evidence; or

See our past success stories and how many happy couples we’ve helped reunite in the United States.

Marriage Green Card Lawyer Cost

Attorney fees for marriage-based green cards vary across the United States. On average, immigration attorneys charge anywhere between $1,500 to over $5,000.

Our fee for Green Card by Marriage to a U.S. Citizen (filed within the U.S.)

• Attorney Fee: $2,500
• Government Fees: $2,115 (I-130: $675; I-485: $1440)

Additional fees may vary depending on the case. You can reference our immigration attorney fees to become familiar with the services we provide and with the price points that you should expect.

How Much Does A Marriage-Based Green Card Cost?

The cost involved with obtaining a green card through marriage varies depending on your age and immigration circumstances. Below is a detailed table of schedules associated with marriage-based green card costs as per USCIS green card guidelines:

*See this chart under “Special Instructions” for the cost of filing the I-485 application.

It is important to note that these are only the mandatory costs required by the USCIS. You should also consider any travel costs as well as medical exam fees when evaluating the total cost of your green card.

Check out this guide on what happens to green card after divorce!

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Required Documents for a Marriage-Based Green Card Through Consular Processing

The documents may vary depending on each individual’s case. However, the following are the generally required documents for a marriage-based green card application:

• Passport valid for at least six months beyond your planned date of entry into the U.S. Keep in mind that, in some cases, a longer validity may be required. You will need to check with the embassy or consulate in your country to be sure.
• Affidavit of Support: The I-864 Affidavit of Support must be completed by the petitioner to show that they have the ability to support the beneficiary financially when they start living in the U.S. The petitioner must prove that his or her income is at least 25% higher than the HHS poverty guideline.
• DS-260, Immigrant Visa Alien Registration Application
• Two (2) copies of 2×2 photographs (they must follow these specifications).
• Beneficiary’s Civil Documents: This includes birth and marriage certificates, court and prison records, marriage termination documents, military records, and/or police certificates.
• Completed immigration medical examination forms.

What are the Legal Requirements for a Marriage-Based Green Card?

The marriage-based green card eligibility requires proving legal marriage, termination of previous marriages, and a genuine marital relationship.

To prove marriage legitimacy, you’ll need to provide official records, while previous marriages require divorce or death certificates. USCIS uses the bona fide marriage criteria to assess whether a marriage is legitimate or entered into solely for immigration purposes

A U.S. citizen or lawful permanent resident must sponsor the applicant. If the marriage lacks familial involvement or appears secretive, immigration officials may become suspicious.

How Long Does It Take to Get a Green Card Through Marriage

For spouses of U.S. citizens (spouse) living in the U.S.

The processing time for a marriage green card takes 9.5 months according to USCIS data, but VisaNation law firm has seen cases processed anywhere from 6-12 months.

The processing time depends on the complexity of your case and the backlog of the USCIS service center processing your paperwork.

For spouses living abroad

Getting a green card for spouses living abroad using consular processing takes approximately 16-24 months. The process is longer because the Form I-130 cannot be processed concurrently, as it can be done while living in the United States.

For spouses of green card holders

The time it takes to get a green card through the marriage of a green card holder is approximately four years. Once you file the I-130 petition, the USCIS will assign your priority date (the day that they received your I-130 petition. This is essentially your place in line for an available visa.

Each year, the USCIS only allows a certain number of immigrant visas (green cards) to be issued. If the number of applicants exceeds the number of available visa numbers, then a backlog will build. Unfortunately, there is usually a backlog for each marriage-based green card category.

You can check the monthly visa bulletin provided by the Department of State to see if the dates match or pass your priority date.

When that happens, your date will be current, and you can either apply to adjust your status to legal permanent residency or go through consular processing.

Can I Use Premium Processing?

Unfortunately, the premium processing service is only available for those applying for green cards and visas that use the I-129 and I-140 petitions. Therefore, you cannot shorten the green card processing time through marriage with this service.

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K-1 Visa to Green Card

If you have a K-class visa and wish to transition to a green card through marriage, then here is the process:

1. Have your spouse file an I-130 petition on your behalf
2. Wait until your petition is approved and your priority date is current with the final action dates given in the visa bulletin.
3. File the I-485 form to have your K class nonimmigrant status adjusted to immigrant green card status.

Remember, if you are still in the U.S. under K status, you may not need to go through consular processing. However, the USCIS reserves the right to mandate a consular interview to any prospective immigrant.

Marriage-Based Green Card Frequently Asked Questions

Below you will find answers to the most commonly asked questions about marriage green cards.

I want to join my spouse in the U.S. while my green card is being processed. Which visa can I apply for?

In the interim, you can join your spouse in the U.S. while your green card through marriage is being processed by applying for and obtaining a K-3 visa.

What is the age requirement to sponsor a marriage-based green card?

There is no stipulated minimum age for a marriage-based green card petitioner. However, you must be at least 18 years old and have residence in the United States before you can sign the Affidavit of Support Form. The affidavit form is one of the mandatory items for a marriage-based green card application, so the minimum age is effectively 18.

What should I do if I was a permanent resident when I filed a green card petition for my foreign spouse but now I am a citizen?

You will need to upgrade the petition you filed earlier from an F2 green card (family second preference) to the immediate relative (IR) category. You can do this by sending proof of your citizenship to the NVC. This will expedite the green card process, as higher priority is given to immediate relative applicants.

How long do I have to wait to apply for a green card after marrying my spouse?

You don’t have to wait for any particular period before applying for a green card. As soon as you are legally married, you can start your green card process, regardless of your location.

What happens if they divorce before the end of the 2-year period?

If a divorce occurs before the 2-year period ends, the foreign-born spouse is advised to file Form I-751 in order to apply for a “good faith marriage waiver.”

NOTE: Apart from the spouse, unmarried children under the age of 21 and parents of U.S. citizens (over 21) may apply for a green card as an immediate relative.

Who is eligible for a marriage green card?

Generally, you could be eligible for a marriage-based green card if you fulfill the following requirements (1) are legally married to a U.S. citizen or a green card holder (2) all your previous marriage(s) have been legally dissolved, and (3) your marriage is in good faith and is not fraudulent. During your immigration journey, you will have to submit numerous documents like form I-864, DS-260, evidence of your marriage, and a range of other evidence to support your application.

Hire an Immigration Lawyer for Your Green Card Case

The burden of proof to establish the legitimacy of the marriage falls upon the applicant. An experienced attorney can assist you in this task, both in preparing the application correctly and also advising the applicant, as to what kind of documents should be brought to the interview to increase the likelihood of success.

The immigration attorneys at the VisaNation Law Group have significant experience in all aspects of the marriage-based immigration process. They have successfully handled dozens of fiancée visa and marriage immigration cases.

VisaNation Law Group has assisted clients through every step of the process including completing the application forms correctly, preparing and gathering documents and necessary evidence, preparing and accompanying you and your spouse to the final immigration interview.

Our experienced immigration attorneys can advise you on what to expect when going through this process. Start your immigration journey today!

Again, it’s best to explore all of your options before beginning the application process. Contact an immigration attorney to learn what course of action is best for you and your spouse.