Green Card through marriage: complete guide to the process in the U.S.

Obtaining a Green Card through marriage is one of the most common routes to permanent residence in the United States. The category is open to foreign nationals married to U.S. citizens or lawful permanent residents (LPRs) and falls under the family-based immigrant visa umbrella, governed by the Immigration and Nationality Act (INA §201 and §203). Although it is a relatively straightforward path on paper, the process involves multiple forms, fees revised in 2024, and a rigorous review by the U.S. Citizenship and Immigration Services (USCIS) of the authenticity of the marriage.

This guide details each step, with legal references, updated costs, and the main points to watch for those planning a petition in 2026.

Who can apply

To qualify, the marriage must be legally valid in the jurisdiction where it was celebrated and recognized under U.S. federal law. The petitioning spouse must be a U.S. citizen (category IR-1, not subject to a numerical cap) or a lawful permanent resident (category F2A, subject to the Department of State’s monthly Visa Bulletin).

The marriage must be bona fide — that is, based on a genuine shared life and not arranged for immigration purposes. INA §204(c) bars approval of any petition where there is evidence of prior marriage fraud, and INA §275(c) classifies marriage fraud as a federal crime carrying a penalty of up to five years in prison and a fine.

Essential documentation

USCIS expects a robust body of evidence showing that the couple shares a real life together. Among the most relevant documents are:

• Marriage certificate issued by a competent authority
• Divorce or death certificates from prior marriages, if applicable
• Joint accounts (bank, credit card, insurance, lease or deed)
• Insurance policies listing one spouse as the other’s beneficiary
• Federal and state income tax returns filed jointly
• Photos of the relationship over time, trips, and family events
• Sworn statements (affidavits) from friends and relatives who know the couple
• Records of continuous communication during periods of physical separation

Process forms

The process begins with the Form I-130 (Petition for Alien Relative), filed by the U.S. citizen or resident spouse. The fee, in effect since April 1, 2024, as set out in USCIS fee schedule G-1055, is US$675 when submitted by paper and US$625 when submitted through a myUSCIS online account.

If the foreign spouse is in the United States with valid status, it is possible to adjust residence without leaving the country by filing Form I-485 (Adjustment of Status) — in many cases together with the I-130, in what is known as concurrent filing. The I-485 fee is now US$1,440 for adults, already including biometrics, and US$950 for applicants under 14 filed with a parent. It is also common to simultaneously request Form I-765 (employment authorization) and Form I-131 (Advance Parole), currently with no additional fee when requested together with a pending I-485.

When the foreign spouse is outside the United States, the route is consular processing: after the I-130 is approved, the case is forwarded to the National Visa Center (NVC), which collects the civil documentation, the financial support declaration Form I-864, and schedules the interview at the relevant U.S. consulate.

Financial support

The petitioner must demonstrate income of at least 125% of the federal poverty guidelines for the household size, as set out in the Form I-864P table. When the petitioner’s own income is insufficient, it is possible to include a joint sponsor — any U.S. citizen or lawful permanent resident who meets the threshold and agrees to accept financial responsibility for the immigrant.

The USCIS interview

Both adjustment of status and consular processing require an in-person interview. In the domestic case, it takes place at the local USCIS field office and both spouses appear together. Questions typically cover the couple’s daily routine, shared finances, future plans, and intimate details of day-to-day life.

If the officer identifies inconsistencies, the couple may be subjected to what is called a Stokes interview, in which each spouse is interviewed separately and the answers are compared. Preparation, factual alignment, and organized documentation significantly reduce this risk.

Processing times

Timelines vary depending on the processing center and caseload. In 2026, most marriage-based petitions involving a U.S. citizen (IR-1) are decided within roughly 10 to 18 months for adjustment of status, while consular cases also depend on the post’s appointment schedule. Consulting the official USCIS Processing Times tool is the most reliable way to check the current estimate for each center.

Conditional Green Card

When the marriage is less than two years old at the time of approval, the foreign national receives a conditional Green Card (category CR-1), valid for two years. To remove the conditions, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day window before the card expires, at a current fee of US$750 (including biometrics). The petition must renew the evidence of shared life, now covering the period after the initial approval.

In cases of divorce, widowhood, or domestic abuse, the immigrant spouse may request a waiver of the joint filing requirement, based on the exceptions provided in INA §216(c)(4).

Path to citizenship

Spouses of U.S. citizens may apply for naturalization after just three years of permanent residence, provided the marriage remains valid and the couple lives together throughout that period (INA §319(a)). Applicants must also demonstrate good moral character, a minimum physical presence in the United States, and a basic knowledge of English and the country’s civics, assessed in the naturalization exam (Form N-400).

Frequently noted considerations

• A criminal history or prior immigration violations may require specific waivers (I-601, I-601A) and extend the overall processing time
• Marriages entered into during removal (deportation) proceedings receive heightened scrutiny under INA §245(e)
• Address changes during the process must be reported to USCIS within 10 days using Form AR-11
• Errors on forms, even typographical ones, generate Requests for Evidence (RFE) that delay the case by months

A Green Card through marriage is one of the most solid pathways in family-based U.S. immigration, but it requires thorough documentation, financial organization, and full transparency about the relationship. Consulting official sources directly — USCIS, the Department of State, and fee schedule G-1055 — is what ensures the process is carried out based on current, accurate information.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.