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Marriage-based Green Card is one of the most direct ways to obtain permanent residency in the United States. When a U.S. citizen or lawful permanent resident marries a foreign national, it is possible to start the immigration process through forms I-130 and I-485, or through consular processing for those outside the country. Each step requires precise documentation, proof of the bona fide nature of the marriage, and strict attention to deadlines established by USCIS.
There are two main paths to conduct the process, depending on where the beneficiary spouse is located. Adjustment of status is for those already legally in the U.S. and allows them to apply for residency without leaving the country, using form I-485. Consular processing is for those outside the U.S. and involves completing the final step at a consulate or embassy. In both scenarios, the first step is the same: submitting form I-130.
I-130 Petition
The I-130 form (Petition for Alien Relative) is the foundation of the entire marriage-based Green Card process. It is completed by the U.S. citizen or lawful permanent resident, known as the petitioner, on behalf of the foreign spouse, the beneficiary. The goal is to prove the existence of a valid and genuine marriage, meaning it was not entered into solely for immigration purposes, as required by section 204(a) of the INA.
The I-130 filing fee is $625 when submitted online through the USCIS portal. The average processing time for spouses of U.S. citizens, classified as immediate relatives, is approximately 10 to 15 months in 2026, although this may vary depending on the workload of the responsible service center.
Documents for I-130
The documentation must be organized and consistent to demonstrate the bona fide nature of the marriage. Essential documents include:
- Official marriage certificate issued by the competent authority
- Proof of the petitioner’s citizenship or permanent residency: U.S. passport, birth certificate, naturalization certificate, or copy of Green Card
- Birth certificates of both spouses
- Copies of the identification pages of passports
- History of previous marriages, if any, with dissolution documents (divorce or death)
- Proof of shared life: joint bank statements, joint lease or mortgage, insurance policies with mutual beneficiaries, children’s birth certificates, photos with time context, sworn affidavits from third parties, and evidence of travel together
Adjustment of Status via I-485
For those already legally in the United States, adjustment of status is the most common route. The I-485 form (Application to Register Permanent Residence or Adjust Status) is the formal request to change the current status to permanent resident. The current fee is $1,375 for online filing or $1,440 for paper filing, including biometrics. Forms I-765 (work authorization) and I-131 (advance parole) can be filed at no additional cost together with the I-485.
Eligibility for I-485
In general, it is necessary to have entered the U.S. legally, have no serious immigration violations, and have visa availability. Spouses of U.S. citizens are classified as immediate relatives and have immediate visa availability, with no annual quota limits. Spouses of permanent residents may depend on the F2A preference category and the monthly Visa Bulletin.
For spouses of U.S. citizens, it is possible to submit the I-130 and I-485 simultaneously (concurrent filing), which can significantly speed up the process. In addition to the I-130 evidence, the I-485 typically requires a I-693 medical exam performed by a USCIS-approved physician, the I-864 (Affidavit of Support) form with financial evidence, copies of the passport with entry stamp, I-94 record, passport-style photos, and police or court records if applicable.
Adjustment Interview
After filing, USCIS schedules an interview with the couple at a local office. The focus is to confirm the bona fide nature of the marriage and the consistency of the information provided. Transparency, consistency between both spouses’ answers, and organized documentation are decisive factors for approval.
Consular Processing via NVC
If the beneficiary is outside the United States, the case proceeds through consular processing. After I-130 approval, the process is forwarded to the National Visa Center (NVC), which collects civil and financial documents before scheduling the interview at the appropriate consulate or embassy.
The NVC typically requests the DS-260 form (immigrant visa application), the I-864 with proof of income, birth, marriage, and divorce certificates (if applicable), the beneficiary’s criminal background checks, and additional documents as needed. After the document stage, the beneficiary attends the consular interview, where an officer assesses eligibility and the bona fide nature of the marriage. If approved, the immigrant visa is issued and, after entering the U.S., the Green Card is mailed.
Proof of Genuine Marriage
Regardless of the chosen path, proof of a real and genuine relationship is the central pillar of the case. USCIS evaluates the body of evidence to determine if the marriage is bona fide as per section 216 of the Immigration and Nationality Act.
Good evidence includes shared finances (joint bank accounts, joint tax returns), shared residence (lease or deed in both names), children together, photos and videos with time context, documented joint travel, communication history, and sworn statements from friends and family attesting to the genuineness of the relationship.
Conditional Green Card and I-751
If the marriage is less than two years old at the time of Green Card approval, the beneficiary receives a conditional Green Card, valid for two years. This rule, provided in INA § 216, aims to prevent fraudulent marriages for immigration purposes.
To convert the conditional Green Card to permanent (valid for 10 years), the couple must file form I-751 (Petition to Remove Conditions on Residence) within the 90 days before expiration. The I-751 fee is $750 plus $85 for biometrics, totaling $835. The average processing time is approximately 21 months. The receipt notice automatically extends the validity of the conditional Green Card for 48 months beyond the expiration date.
In cases of divorce, abuse, or widowhood, the beneficiary may request a waiver to file the I-751 individually, without the ex-spouse’s participation.
Costs and Timelines in 2026
The total cost of the process varies depending on the chosen path. The I-130 fee is $625 when filed online. The I-485 costs $1,375 (online) or $1,440 (paper), including biometrics. Forms I-765 and I-131 are included at no additional cost when filed together with the I-485.
The average I-130 processing time for spouses of U.S. citizens is 10 to 15 months. For the complete process with concurrent filing (I-130 and I-485), the total timeline can range from 12 to 24 months. Consular processing adds steps with the NVC and consular interview, which can significantly extend the total timeline.
Frequently Asked Questions
Difference between I-130 and I-485
The I-130 proves the family relationship and is completed by the petitioner (citizen or permanent resident). The I-485 is the beneficiary’s application to adjust status and obtain the Green Card. The I-130 is mandatory in all marriage-based Green Card cases; the I-485 is used only by those already in the U.S.
Travel with pending I-485
Traveling without approved advance parole may be interpreted as abandonment of the adjustment of status application. It is highly recommended to obtain advance parole (I-131) before any international travel. For spouses of U.S. citizens, the I-131 is automatically included when filing the I-485 at no additional cost.
Conditional Green Card
This is the Green Card valid for two years, issued when the marriage is less than two years old at the time of approval. The holder must file form I-751 within the 90 days before expiration to remove the conditions and obtain the 10-year permanent Green Card.
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.
