Marriage Green Cards, Explained
HOW TO GET A U.S. GREEN CARD THROUGH MARRIAGE
What is a marriage green card?
A marriage-based green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the U.S. This status grants “permanent resident” status, and after three years of marriage, the green card holder may apply for U.S. citizenship.
- Processing Time: Approximately 9.3 months as of January 2024.
- Cost: $3,005 for couples living in the U.S., and $1,340 for those living abroad.
- Initial Step: File Form I-130 to prove the marriage is genuine.
How to get a marriage green card
Establish the Marriage Relationship
The U.S. citizen spouse files Form I-130 to prove the marriage.
Apply for the Green Card
- In the U.S.: Use Form I-485 (Adjustment of Status).
- Abroad: Use Form DS-260 (Consular Processing).
Attend the Green Card Interview
Participate in an interview to confirm the authenticity of the marriage.
Supporting documents for a marriage green card
Here’s a quick list of documents to begin gathering when starting the marriage green card process. You can find detailed lists for each form later in the article.
- A legal marriage certificate
- Proof of divorce from previous marriage (when applicable)
- Proof of legal entry into the U.S. (Beneficiary)
- Birth certificate (Beneficiary)
- Proof of U.S. Citizenship (Sponsor)
- Evidence your marriage is real
Marriage-based green card timeline
Processing Time
The average time is 9.3 months. Processing may vary based on whether you’re married to a U.S. citizen or green card holder.
The F-2A category saw significant changes in the September 2023 Visa Bulletin, causing potential delays. Stay updated with our monthly Visa Bulletin report.
Applying for U.S. Citizenship
The three year rule only applies to those who got green card through marriage and is different than the five year rule which applies to most other green card holders.
To qualify, you have to have been residing in the United States for three years before you file your citizenship application. You must be physically present in the U.S. for at least 18 months during those three years. You must be living with your U.S. citizen spouse, and must demonstrate “good moral character” in your time in the country.
Marriage-based green card cost
The government filing fees for applying for a marriage-based green card is $3005 for a spouse living in the United States or $1340 for a spouse living outside the United States. Note, this does not include the cost of the medical examination, which varies from roughly $200 to $500.
The marriage green card process
Step 1: Establish the marriage relationship (Form I-130)
The first step in the process of getting a green card through marriage is to submit Form I-130 (officially called the “Petition for Alien Relative”) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.
The primary purpose of the I-130 form, along with supporting documents, is to establish whether your marriage is valid or Bonafede.
The spouse filing the I-130 is called the “petitioner” or “sponsor.” This spouse is a U.S. citizen or current green card holder. The spouse seeking a green card is called the “beneficiary” or “green card applicant.”
- Government filing fee of $675
- Proof that the sponsoring spouse is a U.S. citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport photo page, for example) or permanent resident (copy of the sponsor’s green card, for example)
- Proof that a legally valid marriage exists (for example, a marriage certificate showing the names of both spouses, as well as the place and date of the marriage)
- Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together)
- Proof that any previous marriage of either spouse has been terminated (typically, a divorce document)
Once the I-130 filing package is complete, it must be mailed to the appropriate USCIS address. USCIS will then send the sponsoring spouse an official acknowledgment (or “receipt notice”) in the mail, typically within two weeks.
If USCIS needs more information or documents to process the filing package, they will send the sponsoring spouse a Request for Evidence (RFE) within 2–3 months. Once USCIS has everything it needs, it will typically make a decision on the I-130 application within 15– months, depending on the couple’s situation. These estimates are based on USCIS data published each quarter.
After receiving notice that the I-130 form has been approved, the next step will be determining whether the spouse seeking a green card is eligible.
The average processing time for Form I-130 is around 12 months. This estimate is based on analysis by Idocs partner Track My Visa Now, which tracks wait times in real-time, giving the most up-to-date forecasts for Form I-130 petitions filed today.
After receiving notice that the I-130 form has been approved, the next step will be determining whether the spouse seeking a green card is eligible.
Step 2: Apply for the green card (Form I-485 or Form DS-260)
The U.S. government follows two different processes to determine a spouse’s eligibility for a marriage-based green card. The right process depends on whether that spouse lives in the United States or outside the United States.
For green card applicants living in the United States
If the spouse seeking a green card physically lives in the United States, the next step is to file Form I-485 (officially called the “Adjustment of Status” application). The I-485 is filed with USCIS, and its primary purpose is to establish that the spouse is eligible for a green card.
Adjustment of status is the immigration process for the following marriage visa types:
- IR6/CR6 spouse and accompanying IR7/CR7 child when the sponsor is a U.S. citizen
- F2A category (F26 spouse; F27 child) when the sponsor is a legal permanent resident (aka green card holder)
- CF1 spouse; CF2 child when the sponsor is a U.S. citizen and the foreign spouse is adjusting status from a K fiancé visa
Adjustment of Status can also be used to apply for employment-based, humanitarian, and diversity visa lottery green cards.
For spouses of U.S. citizens, this I-485 filing package can usually be combined with the I-130 form and supporting documents described in Step 1 above (a process known as “concurrent filing”). USCIS typically processes this concurrent filing within 10–23 months.
For spouses of U.S. green card holders, however, the I-485 filing package cannot be submitted until the U.S. Department of State determines that a green card is available in the visa bulletin, given various annual caps. The wait time is currently about one and a half years, but this can vary by a few months, depending on the home country of the spouse seeking a green card. Once the I-485 filing package is submitted, USCIS will typically process it within 13.5–20.5 months (although it could be longer depending on your local field office).
- Government filing fees of $2330 (including $1440 for the green card application and $85 for biometrics)
- Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
- Proof of lawful entry to the United States by the spouse seeking a green card (copy of I-94 travel record and prior U.S. visa)
- Medical examination performed by a USCIS-approved doctor
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)
For green card applicants living abroad
There is a different process to sponsor a green card (spousal visa) for a spouse living abroad. The next step is to file an application package with the National Visa Center (NVC), which is run by the State Department. The NVC gathers the necessary forms and documents and decides whether the spouse is ready for an interview at a U.S. embassy or consulate abroad (a procedure known as “consular processing”).
Consular processing is the immigration process for the following visa types:
- CR1/IR1 spouse and the accompanying CR2/IR2 child when the sponsor is a U.S. citizen
- F2A category (F21 spouse; F22 child) when the sponsor is a legal permanent resident (aka green card holder)
Consular Processing can also be used to apply for employment-based, humanitarian, and diversity visa lottery green cards.
For spouses of U.S. citizens, the NVC typically processes an application package within 1-2 months.
For spouses of U.S. green card holders, the NVC typically processes an application also within 1-2 months.
Once processed, the NVC then forwards it to a U.S. embassy or consulate in the home country of the spouse seeking a green card.
- Government filing fees of $445 (including $120 for the financial support form and $325 for the State Department processing fee)
- Form DS-260 (green card application filed online)
- Proof of nationality of the spouse seeking a green card (copy of birth certificate and passport photo page)
- Copy of a police clearance certificate for the spouse seeking a green card (showing previous interactions with law enforcement, if any)
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)
Step 3: Attend the green card interview and await approval
The final step in the marriage-based green card process is the green card interview. The interviewing officer’s primary goal is to assess the authenticity of the marriage. Questions can focus on the couple’s relationship history, as well as their daily activities and future plans together. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.
The location of the interview — in addition to whether the sponsoring spouse must also attend — depends on where the spouse seeking a green card currently lives:
Does your spouse live in the United States?
A spouse applying for a green card from within the United States will attend an interview with the sponsoring spouse at their local USCIS office. The physical green card will typically arrive by mail within 2-3 weeks of case approval.
Does your spouse live abroad?
A spouse applying for a green card from abroad will attend an interview at a U.S. Embassy or consulate in their home country. The sponsoring spouse does not attend this interview.
The spouse seeking a green card will then receive a visa stamp in their passport, allowing for travel to the United States. The immigrant fee ($235) must be paid online before a physical green card can be issued. (USCIS recommends paying this fee before the spouse leaves for the United States.) The green card is typically mailed to the couple’s U.S. address within 2-3 weeks of the spouse’s arrival.
Marriage green card denial rate
In FY 2022, USCIS received 873,073 applications for Form I-130 (the first step in any family-based green card application, including the marriage green card) and denied 133,251 (15%).
During that same year, USCIS also received 327,184 Form I-485 applications (applications to adjust the status for foreign spouses or relatives already living in the U.S.) and denied 40,201 (12%).
Note these numbers apply to all immediate relatives of U.S. citizens and green card holder and not only spouses.
What’s next?
What happens next depends on the length of the marriage at the time of green card approval:
If Married Less Than Two Years
The spouse will receive a CR1 (or “conditional”) green card. Conditional green cards are valid for only two years. Couples together must file Form I-751 (officially called the “Petition to Remove Conditions on Residence”) during the 90-day period immediately before the expiration of the conditional green card in order to “remove the conditions” and obtain a permanent green card. Upon receiving this form, USCIS will re-evaluate the couple’s marriage to make sure it is authentic and that the couple did not marry only for immigration purposes.
If Married More Than Two Years
You will receive an IR1 (immediate relative) green card, valid for ten years. Renewing is typically straightforward and does not require proof of marriage authenticity.
Marriage Green Card FAQs
Yes, you can work in the United States with a marriage green card. If you’re already legally in the US and have a valid nonimmigrant visa that allows work authorization (like an H-1B or L-1), you can continue working while your green card application is pending. If you wish to work while your green card application is pending, you can apply for a work permit using Form I-765.
Once you receive your marriage green card, you can work immediately. If you need to work before obtaining your green card, you can apply for work authorization (Form I-765). If approved, you’ll receive an Employment Authorization Document (EAD), also known as a work permit. Once you have the work permit, you can begin working in the U.S. while your green card application is being processed.
If you’re applying from within the U.S., you will need to file Form I-130, Form I-485, and supporting documents, including a birth certificate and passport photos. If you’re applying from outside the U.S., you will need to file Form I-130, Form DS-260, and the supporting documents.
If you obtained your green card through marriage, you will receive a conditional green card that is valid for two years. To remove the conditions and obtain a permanent green card, you must file a joint petition with your spouse to remove the conditions within the 90-day period before your conditional green card expires.
Yes, a U.S. citizen or lawful permanent resident spouse must sponsor you for a marriage green card.
No, you must apply for a marriage green card and go through the application process.
USCIS will investigate a marriage to determine whether it is bona fide (genuine) or entered into solely for the purpose of obtaining a green card. The agency may interview the spouses separately or together to ask questions about their relationship, daily routines, and future plans, and review documents submitted with the green card application, such as marriage and birth certificates, tax returns, and joint bank account statements.
Typically, couples are required to attend one interview together.
Yes, you can travel outside of the United States once you have a marriage green card. However, be sure not to travel abroad before your green card is approved — USCIS will assume you have abandoned your application and deny your green card.
If your marriage ends before you receive your marriage-based green card, you may no longer be eligible for the green card. The process for obtaining a green card through marriage requires that the marriage be genuine and entered into in good faith, with the intent to establish a life together as spouses. If the marriage ends before the green card is issued, USCIS may conclude that the marriage was not genuine and deny the green card application. Learn more about marriage green cards and divorce.
A conditional green card is issued for two years and requires the couple to file a joint petition to remove conditions. A permanent green card is issued for 10 years and does not require a joint petition.
Common reasons for denial include lack of evidence of a bona fide marriage, criminal history, incomplete forms, ineligibility, immigration violations, and marriage fraud.
You can file an appeal with the Board of Immigration Appeals within 30 days of receiving the denial, or you can reapply.
While it is not required, it may be helpful to enlist a lawyer’s during the application process. Idocs put together a detailed guide that explains when hiring an immigration lawyer can be helpful, and when you may be able to apply on your own. Idocs also offers two different service options for marriage green card help: application guidance that includes lawyer support, and application support that does not (for simpler cases). Learn more about these service options here.
It may, depending on the severity of the offense and other factors. It is best to consult with an immigration lawyer. Learn more about green card sponsors with criminal records, and applicants with criminal records.
Yes, you can apply for a marriage green card if your spouse is living abroad using consular processing.