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Marrying a U.S. citizen or lawful permanent resident does not automatically grant immigrant status. The marriage-based green card requires a specific sequence of petitions, forms, good-faith evidence, and eligibility documentation, and the path varies depending on whether the immigrant spouse is inside or outside the United States at the time of filing. This guide consolidates the updated documentation for each stage of the 2026 process, based on the USCIS fee schedule effective since April 2024 and current eligibility rules.
The process is divided into four sequential blocks: the family petition via Form I-130, the choice between Adjustment of Status or Consular Processing, the post-approval phase, and the removal of conditions for marriages less than two years old at the time of approval. Each block has its own documents, fees, and pitfalls.
Step 1: I-130 Petition
The Form I-130, Petition for Alien Relative, is the entry point. It establishes the valid family relationship between the U.S. spouse (petitioner) and the immigrant spouse (beneficiary). It is accompanied by the I-130A, a supplement that collects the beneficiary’s employment and residence history for the past five years.
I-130 Package Documents
The package must include: completed and signed I-130 and I-130A in black ink; filing fee of $675 (online) or $765 (paper) by check or via Form G-1450 for credit card payment; optional Form G-1145 to receive electronic notifications; proof of the petitioner’s U.S. citizenship or permanent residency (copy of passport biographical page, birth certificate, naturalization certificate, or copy of green card I-551); two recent 2×2 photos of each spouse; marriage certificate; divorce or death certificates from prior marriages, if applicable; beneficiary’s birth certificate with certified translation if not in English; copy of the beneficiary’s passport biographical page.
Bona Fide Marriage Evidence
This is the section most closely reviewed by USCIS officers. Include a joint lease, mortgage, or deed; joint checking account statements; joint credit cards; utility bills in both names; birth certificate of children from the marriage, if any; photos of the couple over time, in varied social settings, with dates; airline tickets and itineraries from joint trips; and affidavits from family and friends attesting to the relationship, containing each declarant’s full name, address, date and place of birth, and a detailed account of their knowledge of the relationship.
Original documents should be kept accessible for the interview. Every piece in a foreign language requires a certified translation with a statement of the translator’s competency.
Step 2: Choosing a Path — AOS or Consular
There are two paths to the marriage-based green card: Adjustment of Status (AOS) via Form I-485, for the spouse already lawfully in the U.S., and Consular Processing, for those abroad who will attend an interview at the U.S. consulate in their home country.
Path A: Adjustment of Status
AOS may be filed concurrently with the I-130 when the spouse is a U.S. citizen (immediate relative category, no Visa Bulletin wait). For lawful permanent resident sponsors, the applicant must wait for a visa number to become available in the F-2A category.
The AOS package contains: completed and signed I-485, with a fee of $1,440 that already includes biometrics; I-797 approval notice for the I-130, if it was filed separately; copy of government-issued photo ID; two 2×2 photos; birth certificate with translation; copy of passport biographical page and all admission stamps and visas; I-864 Affidavit of Support from the petitioner; medical examination results on the I-693 in a sealed envelope; copy of the I-94; marriage certificate; criminal history and court records for every arrest, indictment, or conviction, regardless of the outcome; prior USCIS approvals, if any.
Criminal history must be fully disclosed. Omission constitutes fraud and results in denial with a possible permanent bar from re-entry into the United States.
I-864: The Income Test
The Affidavit of Support requires the sponsor to demonstrate income equal to or greater than 125% of the HHS Federal Poverty Guidelines for the household size (sponsor + immigrant + dependents). When personal income falls short, it is possible to use a joint sponsor or add assets counted at one-third of their value to close the gap.
The I-864 package includes the signed form, the most recent federal income tax return or transcript — three years is best practice — and current income documentation: recent pay stubs, an employer letter, or bank statements when applicable.
I-765 and I-131: Work and Travel During AOS
If there is any intention to work or travel while the I-485 is pending, it is essential to file the I-765 for an Employment Authorization Document and the I-131 for Advance Parole together with the I-485. Without an approved AP, leaving the U.S. constitutes abandonment of the AOS and requires restarting the process. When submitted with the I-485, both forms generally carry no additional fee.
Required documents: completed I-765 and I-131; four 2×2 photos; copy of passport or ID; copy of I-94. Work permits typically take 1 to 3 months; AP takes 4 to 10 months, depending on the field office.
Medical Exam I-693
The exam must be performed by a civil surgeon designated by USCIS. Bring to the appointment the blank I-693; government-issued photo ID; vaccination record (DTP, MMR, Varicella, Hepatitis B, Influenza, and others depending on age); health insurance card (check whether it covers the exam); payment — fees range from $250 to $400. The envelope sealed by the physician must not be opened before delivery to USCIS.
AOS Interview
Both spouses appear before a USCIS officer, who reviews documents and asks questions about the relationship history, daily routine, future plans, and mutual knowledge of each other. Consistency of answers and presenting originals of all documentation are decisive factors. In cases with strong evidentiary records, the interview may be waived.
Path B: Consular Processing
For immigrants outside the U.S., the National Visa Center coordinates fee payment and document collection before scheduling the interview at the consulate with jurisdiction.
The package includes: DS-260 Immigrant Visa Application; fee payment via the NVC portal; copy of passport biographical page; birth certificates; marriage certificate; documents terminating prior marriages, if any; military service records, if applicable; police clearance certificates from each country where the applicant lived for six months or more after age 16; court and prison records, if any; two 2×2 photos.
Consular Interview
The immigrant brings: DS-260 confirmation, appointment letter, medical exam completed by a panel physician designated by the consulate, all original civil documents with translations, and the I-864 with the U.S. sponsor’s income documentation. The interview focuses on both the authenticity of the marriage and the immigrant’s admissibility.
Step 3: After Approval
Once the petition is approved, the following are issued: formal approval notice (mailed to the U.S. address or routed through the consulate); I-551 stamp in the passport upon U.S. entry, valid for up to one year as temporary proof of status; USCIS welcome letter with information on permanent resident rights and responsibilities; the physical green card, which arrives within three to four weeks; and a Social Security card, if requested on the initial form.
Step 4: Removal of Conditions
Marriages less than two years old at the time of approval result in a conditional green card valid for two years. The I-751, Petition to Remove Conditions on Residence, must be filed within the 90 days before expiration. After filing, the couple receives an automatic extension of up to 48 months by letter, valid for employment, travel, and legal purposes.
The I-751 package must demonstrate that the marriage continues in good faith: joint account statements from the past two years; joint housing documents (lease, mortgage, deed); auto insurance policies listing both spouses; joint trip itineraries; dated photographs; birth certificate of children from the marriage. A strong evidentiary record usually results in a waived interview.
Consolidated Costs
For AOS within the U.S. in 2026: I-130 ($675); I-485 ($1,440); medical exam ($250 to $400). Approximate total: $2,365 to $2,515. For Consular Processing: I-130 ($675); I-864 review ($120); DS-260 processing ($325); USCIS Immigrant Fee ($235); medical exam ($250 to $400). Approximate total: $1,605 to $1,755.
Typical Timelines
AOS within the U.S. tends to be approved in 8 to 14 months, with variation by field office. Consular Processing runs 14 to 24 months. Sponsors who are lawful permanent residents wait longer due to the F-2A Visa Bulletin category. Cases involving criminal history, missing documentation, or suspected marital fraud can extend significantly. Periodically checking status on the USCIS Case Status Online tool and the corresponding field office’s processing times page is standard practice for any diligent applicant.
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.
