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Marriage to a U.S. citizen or permanent resident is one of the most common ways to obtain a Green Card in the United States. Each fiscal year, hundreds of thousands of foreign spouses receive permanent residency through family petitions, without having to go through Visa Bulletin waiting lines when the sponsor is a citizen. Although it is a legitimate and well-established process, the petition requires robust documentation, proof of a genuine relationship, and strict attention to deadlines and forms.
The process is regulated by the Immigration and Nationality Act (INA), sections 201(b) and 204(a), and overseen by USCIS. There are two possible paths: adjustment of status (for those already in the U.S.) and consular processing (for those outside the country). Each route has different steps, forms, and costs, but both lead to the same result: permanent residency.
Understanding each phase of the process, from the initial petition to the removal of conditions, is essential to avoid delays, requests for additional evidence (RFEs), and, in the worst-case scenario, denial of the petition.
Who Can Sponsor
There are two categories of sponsors in marriage-based petitions. When the sponsor is a U.S. citizen, the foreign spouse is classified as an Immediate Relative under INA § 201(b)(2)(A)(i). This classification means there is no annual numerical limit on visas and no waiting line in the Visa Bulletin, making the process significantly faster.
When the sponsor is a permanent resident (Green Card holder), the foreign spouse falls under the F2A preference category. In this case, there may be a wait depending on nationality and the priority dates published monthly in the Department of State’s Visa Bulletin. Currently, most nationalities have current dates for F2A, but this can change with each monthly bulletin.
Forms and Costs in 2026
The process involves several USCIS forms, each with specific fees updated for 2026:
- Form I-130 (Petition for Alien Relative): $625 for online filing or $675 for paper filing. This is the initial form through which the citizen or permanent resident sponsors the foreign spouse.
- Form I-485 (Application to Register Permanent Residence): $1,375 for online filing or $1,440 for paper filing. This amount already includes the biometrics fee, which was previously charged separately. Used when the spouse is already in the U.S. and opts for adjustment of status.
- Form I-864 (Affidavit of Support): no filing fee, but mandatory. The sponsor must demonstrate a minimum income of 125% of the federal poverty line for the household size.
- DS-260 (Immigrant Visa Application): used in consular processing when the spouse is outside the U.S., with a consular fee of $325.
In addition to government fees, the couple should consider costs for the medical exam (Form I-693, performed by an authorized civil surgeon), certified translations of documents, and possible attorney fees. The total cost of the process can range from $2,000 to $3,500 depending on the chosen route.
Adjustment of Status vs Consular Processing
For spouses who are already legally in the United States, the most common path is adjustment of status, which allows the Green Card to be processed entirely within the country. The spouse of a U.S. citizen can even file the I-130 and I-485 simultaneously (concurrent filing), considerably speeding up the process.
Along with the I-485, it is possible to simultaneously request Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole), which allow working and traveling while the case is being processed. In 2026, these forms have no additional fee when filed together with the I-485.
For spouses outside the U.S., the process follows the consular processing route. After the I-130 is approved by USCIS, the case is transferred to the National Visa Center (NVC), where the spouse submits the DS-260, supporting documentation, and the Affidavit of Support. The final step is the interview at the U.S. consulate in the country of residence.
Conditional Green Card
When the marriage is less than two years old at the time of Green Card approval, the spouse receives a conditional Green Card valid for two years. This applies to both adjustment of status and consular processing.
To remove the conditions and obtain the permanent 10-year Green Card, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day window before the conditional card expires. In 2026, the I-751 fee is $750, already including biometrics.
The I-751 requires ongoing proof that the marriage is genuine: joint bank accounts, joint lease or mortgage, shared health insurance, photos of the couple, joint correspondence, and ideally, birth certificates of children in common. The processing time for the I-751 in April 2026 ranges between 21 and 32 months, but the filing receipt automatically extends permanent resident status for 48 months beyond the card’s expiration date.
Rights and Duties of the Spouse
The spouse who receives a Green Card through marriage has the right to live and work legally anywhere in the United States, without employer or field restrictions. They can also travel internationally, although prolonged trips (over six months) may jeopardize permanent resident status.
Among the duties, the spouse must keep documentation up to date, file annual income tax returns with the IRS, notify USCIS of address changes within 10 days (Form AR-11), and avoid offenses that could result in deportation. After three years as a permanent resident married to a U.S. citizen (while maintaining the marriage), the spouse can apply for naturalization using Form N-400.
Interview Evidence
The interview is a critical stage of the process, whether at the local USCIS office (adjustment of status) or at the consulate (consular processing). The immigration officer assesses the authenticity of the marriage through questions about life together: how you met, daily routine, future plans, financial matters, and relationship details.
USCIS seeks to identify fraudulent marriages entered into solely for immigration benefits. Marriage fraud is a federal crime under INA § 275(c), and can result in a fine of up to $250,000, up to five years in prison, and permanent ban from immigration benefits. Therefore, it is essential that the couple present solid and consistent documentation demonstrating a genuine relationship over time.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
