Marrying a U.S. citizen or lawful permanent resident can make you eligible for a green card, which gives you the right to live and work in the United States permanently. But marriage doesn’t grant status automatically. You have to go through an application process with U.S. Citizenship and Immigration Services (USCIS), and sometimes the State Department, and prove that your marriage is genuine.
This guide explains the main steps. Immigration rules, forms and fees change often, so always check the current requirements on uscis.gov or with an immigration attorney before filing.
Key takeaways
- The U.S. citizen or green card holder spouse starts the process by filing Form I-130.
- Spouses of U.S. citizens are “immediate relatives,” so no annual cap limits their visas.
- If you’re already in the U.S. after a lawful entry, you may be able to adjust status without leaving.
- If you’ve been married less than two years when the green card is approved, you’ll receive a two-year conditional green card.
- The central question is whether the marriage is real, and evidence of a shared life is key.
Who qualifies?
You may be eligible for a marriage-based green card if:
- You are legally married to a U.S. citizen or a lawful permanent resident (green card holder)
- The marriage is legally valid where it took place
- Any previous marriages for both spouses were legally ended
- The marriage is genuine, not entered into only to obtain immigration benefits
Same-sex marriages are treated the same as opposite-sex marriages for immigration purposes.
Citizen spouse vs. green card holder spouse
The process differs depending on your spouse’s status:
- Spouses of U.S. citizens are classed as “immediate relatives.” There is no annual limit on these visas, so there’s no waiting for a visa number to become available. Processing time is the main delay.
- Spouses of green card holders fall into the “F2A” family preference category, which has annual limits. Depending on demand, there may be a wait before a visa is available. Check the State Department’s monthly Visa Bulletin.
Step 1: The petition (Form I-130)
The U.S. citizen or permanent resident spouse, called the petitioner, files Form I-130, Petition for Alien Relative, with USCIS. This form establishes that a qualifying marriage exists. It doesn’t give the immigrant spouse, called the beneficiary, any status by itself.
The petition usually includes:
- Proof of the petitioner’s citizenship or permanent residence
- A marriage certificate
- Proof that any earlier marriages ended (divorce decrees, death certificates)
- Evidence that the marriage is genuine (more on this below)
- Passport-style photos and the filing fee
Step 2: Adjustment of status or consular processing
Next, the immigrant spouse applies for the green card itself. There are two routes.
Adjustment of status (inside the U.S.)
If the immigrant spouse is in the United States, they may be able to apply for a green card without leaving by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
For spouses of U.S. citizens, this can often be filed at the same time as the I-130, known as concurrent filing. Generally, the immigrant spouse must have been inspected and admitted or paroled into the U.S. As an immediate relative, they may be able to adjust even if they later overstayed their visa. People who entered without inspection usually can’t adjust this way and need specific legal advice.
Along with the I-485, applicants commonly file:
- Form I-864, Affidavit of Support, from the petitioner
- Form I-765 to request a work permit while the case is pending
- Form I-131 to request advance parole for travel
- A medical exam report from a USCIS-designated civil surgeon
Traveling outside the U.S. while the I-485 is pending without advance parole can cause the application to be treated as abandoned, so speak to a lawyer before any trip.
Consular processing (outside the U.S.)
If the immigrant spouse lives abroad, or isn’t eligible to adjust status, the approved I-130 is sent to the National Visa Center (NVC). The NVC collects fees, the affidavit of support and civil documents, then schedules an interview at a U.S. embassy or consulate. If the visa is approved, the spouse travels to the U.S. and becomes a permanent resident on entry.
Step 3: The affidavit of support
The petitioner must show they can financially support the immigrant spouse by filing Form I-864. Generally, the household income must be at least 125% of the federal poverty guidelines for the household size, or 100% for active-duty military petitioners sponsoring a spouse or child. If the petitioner doesn’t earn enough, a joint sponsor can file an additional affidavit, or significant assets may be counted.
The affidavit is a legally enforceable contract with the federal government and can last for years, even after a divorce. Make sure you understand it before signing.
Step 4: Biometrics and the interview
After filing, applicants attend a biometrics appointment for fingerprints and photos. Most marriage cases then involve an interview, where both spouses usually attend.
The officer will review documents and ask questions about your relationship: how you met, your wedding, your daily routine and your home. If the officer has doubts, spouses may be interviewed separately and their answers compared.
Proving your marriage is genuine
Strong evidence shows a shared life, such as:
- A joint lease or mortgage
- Joint bank accounts, credit cards and tax returns
- Insurance policies naming each other
- Utility bills in both names at the same address
- Birth certificates of children you have together
- Photos together over time, with family and friends
- Travel records and correspondence
- Affidavits from people who know you as a couple
No single document is required, but a thin file invites closer scrutiny. Marriage fraud is a federal crime and can permanently bar an immigrant from future benefits.
Conditional green cards and removing conditions
If you have been married less than two years on the day the green card is approved, the immigrant spouse receives a conditional green card valid for two years.
During the 90 days before it expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, with evidence the marriage is ongoing. If the marriage has ended, or there has been abuse, the immigrant spouse can ask for a waiver of the joint filing requirement. Missing this deadline can result in loss of status, so put it on your calendar.
How long does it take?
Processing times vary widely by service center, local office, consulate and case type, and they change frequently. USCIS publishes current estimates on its website. Many marriage cases take a year or more from filing to approval.
Frequently asked questions
Can I work while my green card application is pending?
If you’re adjusting status in the U.S., you can apply for a work permit using Form I-765. You can generally work once the work permit is approved.
What if my spouse and I have a big age difference or met recently?
These facts don’t disqualify you, but they may lead to closer questioning. Strong evidence of a genuine relationship is especially important.
What happens to my green card if we divorce?
If you have a full 10-year green card, divorce doesn’t take it away. If you have a two-year conditional green card, you’ll need to apply to remove conditions with a waiver showing the marriage was genuine when you entered it.
When can I apply for citizenship?
Spouses of U.S. citizens can often apply after three years as a permanent resident, if they’ve been married to and living with the same citizen spouse during that time. Otherwise the usual wait is five years. See our guide to naturalization requirements.
When to talk to an immigration lawyer
Many couples file without a lawyer, but professional help is strongly recommended if the immigrant spouse entered without inspection, has ever overstayed or worked without authorization, has a criminal record or prior immigration violations, or was previously denied a visa. Mistakes in these situations can lead to denial or even removal proceedings. An immigration attorney can identify problems before you file, when they are easiest to address.