Marrying a U.S. citizen or lawful permanent resident does not automatically grant a Green Card. The process involves multiple forms, robust documentary evidence, and two distinct pathways depending on where the foreign spouse is located at the time of the petition. This guide details each stage — initial petition, adjustment of status or consular processing, approval, and, when applicable, removal of conditions — with the complete list of required documents and fees current in 2026.
Step 1: I-130 Petition
The first step is to establish before USCIS the existence of a genuine marital relationship between the petitioner and the beneficiary. The petitioner, also called the sponsor, must be a U.S. citizen or lawful permanent resident. Along with Form I-130, Form I-130A is filed, which collects the residential and employment history of the beneficiary spouse for the past five years.
I-130 Petition Documents
- Form I-130 fully completed and signed in black ink by the petitioner.
- Form I-130A completed and signed by the beneficiary.
- Filing fee of US$675 by personal check, cashier’s check, or money order payable to the U.S. Department of Homeland Security. Credit card payment is accepted via Form G-1450. Always confirm the current amount on the official USCIS website before submitting.
- Form G-1145 (optional) to receive SMS and email notifications about receipt of the petition.
- Proof of the sponsor’s citizenship or permanent residency: copy of the biographical page of a U.S. passport, U.S. birth certificate, Certificate of Naturalization, Certificate of Citizenship, Consular Report of Birth Abroad, or copy of the Green Card (Form I-551).
- Two 2×2-inch color photos taken within the last six months, of both the sponsor and the beneficiary.
- Proof of name changes when applicable (marriage certificate or court order).
- Copy of the marriage certificate.
- Divorce decrees or death certificates related to prior marriages of either spouse.
- Beneficiary’s birth certificate with certified translation into English when issued in another language.
- Copy of the biographical page of the beneficiary’s passport.
- Bona fide marriage evidence: joint lease or mortgage, joint bank account statements, utility bills in both names, birth certificates of children born to the couple, photos of the couple in different contexts and dates, proof of joint travel, and affidavits from family members and friends including the witness’s full name, date and place of birth, and a detailed account of how they know the couple.
Original documents must remain available for presentation at the interview. All foreign-language documentation requires certified translation — discrepancies between the original and the translation are a recurring source of RFEs (Requests for Evidence).
Step 2: Choosing the Path — Adjustment of Status or Consular Processing
There are two ways to obtain a marriage-based Green Card:
- Adjustment of status within the United States, via Form I-485, for spouses who are already present in the country in valid legal status.
- Consular processing through the U.S. embassy or consulate abroad, for spouses residing outside the United States.
Each pathway requires a distinct set of forms and documents.
Path A: Adjustment of Status (I-485) Within the United States
Spouses lawfully present in the United States may file the I-485 simultaneously with or after approval of the I-130, becoming permanent residents without leaving the country. The petition must include:
- Form I-485, completed and signed.
- Filing fee of US$1,440 for applicants age 14 and older (a single fee that already incorporates biometrics since the 2024 fee restructuring).
- Form I-797 with I-130 approval notice, when the petition was not filed concurrently.
- Copy of a government-issued photo identification document.
- Two 2×2-inch passport photos.
- Copy of the beneficiary’s birth certificate with certified translation.
- Copy of the biographical page of the passport and pages with visas and admission stamps.
- Form I-864, Affidavit of Support.
- Form I-693, immigration medical examination.
- Form I-94, arrival and departure record.
- Marriage certificate.
- Certified police and court records for any arrest, charge, or criminal conviction, regardless of the final outcome.
- Prior USCIS approvals, when applicable.
Criminal history, even minor offenses, requires full disclosure. Background checks are mandatory and any omission detected by the officer may result in a denial for fraud and a reentry bar.
Affidavit of Support (I-864)
To sponsor the spouse, the sponsor must demonstrate income equal to or greater than 125% of the federal poverty guidelines published annually by HHS — or rely on a joint sponsor who meets the requirement. Form I-864 is a legally binding contract in which the sponsor assumes financial responsibility for the immigrant before the U.S. government. Required documents:
- I-864, completed and signed.
- Federal income tax returns or transcripts for the last three years (minimum one year required).
- Bank statements, proof of assets, or joint sponsor documents when personal income is insufficient.
The household size for calculation purposes includes the sponsor, the immigrant, and any other declared dependents.
Work Authorization (I-765) and Travel Document (I-131)
Leaving the United States while the I-485 is pending without advance parole may be interpreted as abandonment of the petition, requiring the process to be restarted. To avoid this, the beneficiary should file Form I-131 together with the main petition. Travel documents have been approved in observed windows of four to ten months.
If work is needed while the Green Card is pending, Form I-765 is filed for employment authorization, generally issued one to three months after filing. To obtain both benefits, attach:
- I-765 and I-131, completed and signed.
- Four 2×2-inch passport photos.
- Passport or government-issued photo ID.
- Form I-94.
Immigration Medical Examination (I-693)
Form I-693 certifies inadmissibility on health grounds. The beneficiary must schedule an appointment with a USCIS-accredited civil surgeon, bringing:
- Blank Form I-693 for the physician to complete.
- Government-issued photo identification.
- Updated vaccination record (DT, DTP, DTaP, Td, Tdap, OPV, IPV, MMR, Hib, Hepatitis A, Hepatitis B, Varicella, Pneumococcal, Influenza, Rotavirus, and Meningococcal).
- Health insurance card, confirming in advance whether the civil surgeon accepts the plan for immigration exams — many plans do not cover this type of examination.
- Accepted form of payment at the office (fees vary significantly between providers).
The results are delivered in a sealed envelope attached to Form I-693. Never open the envelope — USCIS rejects tampered results. Request a copy from the physician for personal records.
Adjustment of Status Interview
At the interview, both spouses appear before a USCIS officer, who reviews all documentation and asks questions about the history of the marriage, daily routine, future plans, and intimate details known to both parties. The focus is on detecting inconsistencies suggestive of a sham marriage. Bringing originals of all submitted documentation and reviewing typical question banks in advance is essential practice.
Path B: Consular Processing for Spouses Abroad
When the beneficiary resides outside the United States, the case is forwarded to the National Visa Center (NVC) after I-130 approval to collect fees and documents before scheduling the consular interview.
Form DS-260 and Fees
The DS-260 is the electronic Application for Immigrant Visa. It collects detailed biographical data — family and residential history, prior trips to the U.S., employment history, and any immigration or criminal violations. Required documents:
- Payment of fees processed on the NVC portal: US$325 (DS-260) and US$120 (I-864 review).
- Copy of the biographical page of a valid passport.
- Birth certificate (certified copy accepted).
- Marriage certificate.
- Documentation terminating prior marriages.
- Military records when applicable.
- Police clearance certificates from each country where the beneficiary has lived after age 16.
- Court and prison records when applicable.
- Two 2×2-inch photos.
After payment and submission, save and print the confirmation page to present at the interview.
Consular Interview
The beneficiary spouse appears for the interview at the U.S. consulate in their country of residence, bringing:
- DS-260 confirmation page.
- Appointment letter.
- Results of the medical examination performed by a consulate-accredited panel physician.
- Originals of all civil documents with their certified translations.
- Financial documents from the sponsor (I-864 with attachments).
Consistency of responses is decisive. Couples with cultural differences, age gaps, or complex backgrounds should prepare with particular care to document the authenticity of their relationship.
Sponsor’s Domicile
For the consular pathway, the sponsor must prove domicile in the United States or a concrete intention to resume it simultaneously with the spouse’s arrival. Sponsors permanently residing abroad must document relocation plans with a lease agreement, job offer, or school enrollment for children.
Step 3: Documents After Approval
Once the Green Card is approved, the beneficiary receives a series of documents confirming the new lawful permanent resident status. Storing all of them in a safe place is essential for future proceedings.
Notice of Approval
Formal communication from USCIS confirming the approval. In consular cases, it is forwarded to the NVC and the responsible consulate. In adjustment of status cases, it goes directly to the declared residential address.
I-551 Stamp
After admission to the United States with an immigrant visa (consular pathway), the CBP officer stamps the passport with an I-551 seal, valid for up to one year as temporary proof of permanent residency until the physical card arrives.
USCIS Welcome Notice
Welcome letter with guidance on rights, international travel, and Green Card conditions. A useful resource for the initial transition to life as a permanent resident.
Permanent Resident Card
The Green Card itself arrives by mail three to four weeks after approval. It allows unrestricted legal employment, travel under specific reentry rules, and official identification for multiple purposes.
Social Security Card
When requested during the original petition, the Social Security card is issued shortly after approval. Those who did not request it initially may apply directly at the Social Security Administration after receiving the Green Card. The number is indispensable for employment, tax filing, and access to benefits.
Step 4: Removal of Conditions (Form I-751)
Marriages of less than two years at the time of approval generate a conditional Green Card valid for two years. The beneficiary must remove the conditions before the expiration date to preserve status. Form I-751 must be filed within the 90 days prior to expiration. The filing receipt serves as an automatic 48-month extension, usable for employment, travel, and legal purposes.
Proof of Ongoing Marriage
It is essential to maintain throughout the two years of the conditional Green Card documents demonstrating cohabitation and financial comingling:
- Joint account statements for the full two years.
- Joint lease, mortgage, or property title in both names.
- Auto insurance policy covering both spouses.
- Itineraries and proof of trips taken together.
- Proof of shared health insurance plan, if applicable.
- Photos of the couple throughout the conditional period.
When documentation is robust, the interview is usually waived.
Consolidated Costs
Within the U.S. (Adjustment of Status)
- I-130: US$675.
- I-485: US$1,440.
- Medical exam: US$250 to US$400 depending on the civil surgeon.
Outside the U.S. (Consular Processing)
- I-130: US$675.
- I-864 review fee: US$120.
- DS-260: US$325.
- USCIS Immigrant Fee: US$235.
- Medical exam: US$250 to US$400 depending on country and clinic.
Typical Timelines in 2026
The timeline varies based on individual circumstances. Beneficiaries in the U.S. tend to wait less than those in consular processing. Complications such as criminal history, missing documentation, or sponsorship by a lawful permanent resident (subject to the Visa Bulletin) extend the timeline.
In mid-2026, adjustments of status for marriage to a U.S. citizen have been approved in an approximate window of eight to fourteen months at most field offices. Consular processing varies between twelve and twenty-four months depending on the consulate and country of residence. Sponsorship by a lawful permanent resident (F2A category) is subject to additional waiting periods per the current month’s Visa Bulletin.
Common Mistakes That Lead to Denial
- Inconsistent documentation between the two spouses regarding dates, locations, or relationship history.
- Marriage without proof of financial comingling — separate accounts, separate tax returns, and no shared assets.
- Omission of prior marriages or criminal records detectable in cross-checks.
- Submission without certified translation of foreign-language documents.
- Sponsor with income below 125% of the federal poverty level without a compatible joint sponsor.
- Unawareness of the 90-day deadline for Form I-751, resulting in loss of status.
The process is document-intensive, but entirely achievable with rigorous organization, respected deadlines, and documentation consistent across all forms. The consistency of the marital narrative over the years and across the various points of contact with USCIS is what separates a case approved within average timelines from a journey extended by RFEs and avoidable suspicions.
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.