Must-Know Facts
When filing for a marriage-based green card, the first step is submitting Form I-130, Petition for Alien Relative. This form establishes that a valid and legally recognized marriage exists between you and your spouse.
There are two different application pathways, depending on where the immigrant spouse currently lives. If your marriage is less than two years old, the green card issued will be conditional and valid for two years.
It’s important to understand that marriage to a U.S. citizen or lawful permanent resident does not automatically grant permanent residency. To obtain a marriage-based green card, both spouses must submit a series of immigration forms and supporting evidence as required by U.S. immigration law. The process also differs depending on whether you live inside or outside the United States.
At Green Card Link, its immigration attorneys have created this detailed, step-by-step checklist to help couples prepare every document needed for each stage of the application process.
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Step One: Filing Form I-130 — The Petition for Alien Relative
The I-130 Petition serves as the foundation of your marriage-based green card application. Its purpose is to prove that a real, bona fide marital relationship exists. The petitioner (also called the sponsor) must be a U.S. citizen or lawful permanent resident.
Alongside Form I-130, you must file Form I-130A, Supplemental Information for Spouse Beneficiary, which collects additional details about the foreign spouse’s background, employment, and residence history for the past five years.
I-130 Document Checklist
Your petition packet or online submission must include:
- Form I-130 — completed and signed in black ink by the petitioner.
- Form I-130A — completed and signed in black ink by the beneficiary.
- Filing Fee: $675 (payable by personal check, cashier’s check, money order, or via credit/debit card using Form G-1450). Always confirm the latest fee on the official USCIS website before filing.
- Form G-1145 (optional): Allows you to receive text and email updates from USCIS.
- Proof of U.S. Citizenship or Lawful Permanent Residence:
- For U.S. citizens: Copy of a U.S. passport, birth certificate, Certificate of Naturalization, Certificate of Citizenship, or Consular Report of Birth Abroad.
- For permanent residents: Copy of Form I-551 (Green Card).
- For U.S. citizens: Copy of a U.S. passport, birth certificate, Certificate of Naturalization, Certificate of Citizenship, or Consular Report of Birth Abroad.
- Two passport-style photos (2×2 inches) for both the sponsor and beneficiary, taken within the last six months.
- Evidence of legal name changes, if any, such as a marriage certificate or court order.
- Copy of your marriage certificate.
- Divorce decrees or death certificates for all previous marriages to prove they were legally dissolved.
- Birth certificate of the beneficiary (with certified English translation if not in English).
- Valid passport copies of the beneficiary’s biographic page.
- Proof of a bona fide marriage, including:
- Joint lease, mortgage, or property ownership.
- Joint financial records such as bank statements, credit cards, or utility bills.
- Birth certificates of any children together.
- Photos of the couple together.
- Flight itineraries or travel confirmations showing visits.
- Affidavits from family and friends describing their knowledge of the relationship (must include full name, address, birth details, and an explanation of how they know the couple).
- Joint lease, mortgage, or property ownership.
Always have original documents available for the USCIS interview. Certified English translations are required for all foreign-language documents. Inaccurate translations or missing records can delay or jeopardize approval.
Step Two: Determine Your Application Pathway
There are two main routes to apply for a marriage-based green card:
- Adjustment of Status (AOS) – for spouses already residing lawfully in the U.S.
- Consular Processing – for spouses applying from outside the U.S.
Each process has its own unique requirements, timelines, and supporting documents.
Path A: Adjustment of Status (Form I-485) — Applying from Within the U.S.
If the immigrant spouse is lawfully present in the U.S., they may file for Adjustment of Status concurrently with the I-130 petition. This allows the applicant to remain in the U.S. while becoming a permanent resident.
Required Documents for Form I-485 Filing
- Completed and signed Form I-485
- Filing fee for Form I-485
- Form I-797 approval notice for I-130 (if not filed concurrently)
- Government-issued photo ID
- Two passport-style photos (2×2 inches)
- Birth certificate (with English translation if applicable)
- Copy of passport biographic and visa pages
- Form I-864, Affidavit of Support
- Medical examination report (Form I-693)
- Form I-94 Arrival/Departure Record
- Marriage certificate
- Police and court records for any prior criminal charges, arrests, or convictions (if applicable)
- Previous USCIS approval notices
💡 Tip: Always disclose your full criminal history. Any omission or misrepresentation may result in application denial or even permanent inadmissibility to the United States.
I-864 Affidavit of Support
The Affidavit of Support demonstrates that the U.S. sponsor can financially support their immigrant spouse at or above 125% of the Federal Poverty Guidelines. If the petitioner’s income is insufficient, a joint sponsor may be used.
You must include:
- Completed and signed Form I-864
- Federal tax returns or transcripts for the most recent year (ideally the last three years)
- Bank statements or asset documentation (if needed)
- Proof of joint sponsorship (if applicable)
Refer to the HHS Poverty Guidelines to confirm eligibility based on household size, which includes the sponsor, immigrant spouse, and any dependents.
Optional: Work Authorization (Form I-765) and Travel Permit (Form I-131)
If your green card application is still pending, you may apply for temporary work authorization and advance parole to travel outside the U.S.
- Form I-765 (Work Permit)
- Typically approved within 1–3 months.
- Typically approved within 1–3 months.
- Form I-131 (Travel Document)
- Usually processed within 4–10 months.
- Usually processed within 4–10 months.
Filing both together ensures you can work and travel lawfully while awaiting your green card approval.
Required supporting materials include:
- Completed and signed Forms I-765 and I-131
- Four passport-sized photos (2×2 inches)
- Passport or government photo ID
- Form I-94 Arrival/Departure Record
Remember, leaving the U.S. without an approved travel document may cause your entire application to be considered abandoned—forcing you to restart the process.
At Green Card Link, its immigration attorneys are experienced in helping couples avoid common pitfalls, ensuring all paperwork is correctly filed and processed efficiently.
The USCIS Immigration Medical Exam (Form I-693)
The USCIS Form I-693, officially known as the Report of Immigration Medical Examination and Vaccination Record, is a crucial part of the green card application process. It verifies that you are not inadmissible to the United States on health-related grounds. A civil surgeon authorized by USCIS performs the medical exam, and the results are submitted to immigration authorities using Form I-693.
What to Bring to Your Immigration Medical Exam
Before attending your appointment, make sure you bring the following:
- Form I-693: Download and print the official USCIS form before your appointment.
- Valid Photo ID: A government-issued identification such as a passport or driver’s license.
- Vaccination Records: Proof of immunizations (DT, DTP, DTaP, Td, Tdap, OPV, IPV, MMR, Hib, Hepatitis A & B, Varicella, Pneumococcal, Influenza, Rotavirus, Meningococcal, etc.).
- Health Insurance Card: Check with your civil surgeon to confirm whether your plan covers the exam. Many plans do not include all costs.
- Payment Method: Fees for immigration medical exams vary. Contact the doctor’s office in advance to confirm pricing and accepted payment methods.
After completing the examination, the civil surgeon will give you the sealed I-693 envelope. Do not open it. USCIS will reject the result if the envelope is tampered with. If you’d like a personal copy, ask the doctor for one before submission.
🗂 Adjustment of Status Interview
For applicants adjusting status in the U.S., USCIS will schedule an interview with both spouses. During this meeting, a USCIS officer will review your case and ask questions about your relationship, daily life, and future plans to confirm that your marriage is genuine.
Bring all original documents and prepare for common interview questions. Consistent, honest answers and strong documentation help demonstrate a bona fide marriage and prevent unnecessary delays.
🌍 Consular Processing for Applicants Abroad (Path B)
Applicants residing outside the United States go through Consular Processing at a U.S. embassy or consulate. The National Visa Center (NVC) collects your documents and fees before your interview is scheduled.
DS-260 Form and Required Documents
The DS-260, or Immigrant Visa Electronic Application, is the primary form for marriage-based green cards processed abroad. It gathers detailed personal, family, and immigration information.
You’ll need to provide:
- Payment of processing fees via the NVC portal
- Copy of valid passport biographic page
- Certified birth and marriage certificates
- Divorce or annulment decrees (if applicable)
- Police certificates from each country lived in after age 16
- Court, prison, and military records (if applicable)
- Two U.S.-style passport photos (2×2 inches)
After submitting, save and print the confirmation page for your records.
🏛 U.S. Embassy Interview Checklist
The immigrant spouse must attend an in-person interview at the U.S. embassy or consulate. The consular officer will review your case and ask questions to confirm your marriage’s authenticity.
Bring the following to your interview:
- DS-260 confirmation page
- Appointment letter
- Sealed medical exam results
- All original civil documents and certified translations
- Affidavit of Support (Form I-864) and financial evidence from the U.S. sponsor
Preparation is key. Review your case carefully, bring organized documentation, and practice answering typical interview questions.
👉 Need help preparing? Contact the immigration attorneys at Green Card Link for a mock interview session.
💼 Form I-864: Affidavit of Financial Support
The Form I-864 legally binds the U.S. sponsor to support the immigrant spouse, ensuring they will not become a public charge after obtaining permanent residency. The sponsor must submit:
- Signed Form I-864
- Recent federal income tax return or transcript (last 3 years recommended)
- Proof of current income or assets
- Evidence of U.S. domicile
This affidavit confirms that the petitioner has sufficient means to financially support the immigrant spouse.
📜 Documents Issued After Green Card Approval
Once approved, you will receive several official documents confirming your permanent resident status. These records are essential for employment, travel, and daily life in the U.S.
1. Approval Notice
USCIS will send a formal approval notice confirming your green card status.
- For consular applicants: sent through the NVC to the U.S. embassy or consulate.
- For U.S.-based applicants: mailed directly to your home.
2. I-551 Stamp (Temporary Green Card)
Upon arrival in the U.S., you’ll receive the I-551 stamp in your passport, serving as temporary proof of permanent residency for up to one year until your physical card arrives.
3. USCIS Welcome Notice
This letter officially welcomes you as a lawful permanent resident and provides details about your rights, travel, and responsibilities under U.S. immigration law.
4. Permanent Resident Card (“Green Card”)
Your physical green card arrives by mail within 3–4 weeks of approval. It serves as your official ID, work authorization, and proof of legal residency.
5. Social Security Card
If requested during your application, your Social Security Number (SSN) will arrive soon after your green card. If not, you can apply for one directly at the Social Security Administration.
🕒 Removing Conditions on a Marriage-Based Green Card
If your marriage is less than two years old, you will receive a conditional green card. To maintain your permanent status, file Form I-751 (Petition to Remove Conditions on Residence) within 90 days before the card’s expiration.
Processing typically takes 2–3 years, and USCIS will issue a 48-month automatic extension notice once your petition is received. This extension allows you to continue working and traveling legally.
Evidence of a Bona Fide Marriage
Continue collecting evidence that demonstrates your ongoing marital relationship, such as:
- Joint bank accounts and financial statements
- Mortgage, lease, or utility bills with both names
- Shared vehicle or health insurance
- Photos, travel itineraries, and correspondence
If the submitted evidence is sufficient, USCIS may waive the interview.
👉 Need guidance with your I-751 filing? The immigration attorneys at Green Card Link are ready to help you prepare and submit your petition efficiently.
💰 Marriage-Based Green Card Costs
Inside the U.S. (Adjustment of Status)
- Form I-130 (Petition for Alien Relative): $675
- Form I-485 (Adjustment of Status): $1,440
- Medical Exam: $250 – $400 (varies by provider)
Outside the U.S. (Consular Processing)
- Form I-130: $675
- Form I-864 Review Fee: $120
- DS-260 State Department Fee: $325
- USCIS Immigrant Fee: $235
- Medical Exam: $250 – $400 (varies by country)
⏳ Marriage-Based Green Card Processing Time
Processing times depend on individual circumstances. Applicants within the U.S. typically experience faster timelines than those abroad. Complex cases—such as those involving missing documents, prior immigration violations, or criminal records—may take longer.
Additionally, if the sponsor is a green card holder rather than a U.S. citizen, expect longer wait times due to visa number backlogs.
Frequently Asked Questions About the Marriage Green Card
Do You Automatically Get a Green Card If You Marry a U.S. Citizen?
No. Simply marrying a U.S. citizen does not automatically make you a permanent resident. You must go through the official immigration process by filing a marriage-based green card petition and submitting the required forms and evidence to U.S. Citizenship and Immigration Services (USCIS). The immigration attorneys at Green Card Link can guide you through every step to ensure your petition is filed correctly and efficiently.
How Long Does It Take to Get a Marriage-Based Green Card?
The processing time for a marriage green card depends on where you apply from.
- If you apply within the United States (Adjustment of Status): It typically takes 4 to 10 months.
- If you apply from outside the U.S. (Consular Processing): Expect 18 to 24 months on average.
Because timelines can vary based on workload and documentation, it’s best to work closely with immigration attorneys at Green Card Link to minimize delays.
Can You Stay in the U.S. After Marriage?
You may remain in the U.S. after marriage if you already hold a valid immigration status.
For example, if you entered on an H-1B work visa, you can continue staying legally under that visa category while pursuing your marriage-based green card application. At Green Card Link, its immigration attorneys can help ensure you maintain lawful status throughout the process.
When Can You Work After Marrying a U.S. Citizen?
You can begin working once your Employment Authorization Document (EAD)—Form I-765—is approved. When you file your marriage-based green card application (Forms I-130 and I-485), you may apply for work authorization at the same time. Typically, work permits are approved within 1–3 months after filing.
How Much Does a Marriage Green Card Cost?
Government filing fees vary depending on where you apply:
- From within the U.S.: The total government fee is $2,115.
- Through consular processing: The total government fee is approximately $1,355.
These fees cover USCIS and Department of State charges but exclude medical exams, translations, or legal representation. The immigration attorneys at Green Card Link can help you calculate your total expected costs and avoid filing errors that could lead to additional fees.
What Evidence Is Required for a Marriage Green Card?
To prove your marriage is genuine and not solely for immigration purposes, you must provide documentation demonstrating a bona fide marital relationship and eligibility of the sponsoring spouse. Common supporting documents include:
- Proof of U.S. citizenship or lawful permanent residence
- Marriage certificate and any divorce decrees from previous marriages
- Joint financial records, such as tax returns or bank statements
- Birth certificates and valid passports
- I-94 travel records or proof of lawful entry into the U.S.
- Passport-style photos
- Police certificates (if required)
- Proof of legal name changes
Proper documentation can make the difference between approval and delay. At Green Card Link, its immigration attorneys ensure your evidence meets USCIS standards for a successful petition.
Can a Marriage Green Card Be Denied?
Yes. A green card may be denied if USCIS or consular officers believe the marriage was not entered into in good faith.
For instance, if the officer suspects the marriage was arranged solely to gain immigration benefits, the petition may be denied. Working with experienced immigration attorneys at Green Card Link can help you present clear, credible evidence to demonstrate the authenticity of your marriage.
What Happens If You Get Divorced After Applying?
If a divorce occurs before your green card is approved, your pending application becomes invalid because your spouse is no longer eligible to sponsor you.
If you already hold a conditional green card, a divorce can complicate the process of removing those conditions, as USCIS may question whether the original marriage was legitimate. The immigration attorneys at Green Card Link can help you navigate divorce-related issues while protecting your immigration status.
When Can You Apply for U.S. Citizenship After Getting a Marriage Green Card?
If you have been married to a U.S. citizen and have held your green card for at least three years, you may be eligible to apply for naturalization—the process of becoming a U.S. citizen. You must also meet all other eligibility criteria, including continuous residence and good moral character.
How Green Card Link Can Help
Navigating the U.S. immigration process can be challenging, especially for couples applying through marriage. At Green Card Link, its immigration attorneys have extensive experience helping families achieve permanent residency and citizenship. They understand every stage of the process—from petitions and biometrics to interviews and approvals—and can provide personalized legal strategies tailored to your case.
Don’t wait to begin your journey toward lawful permanent residency. Contact Green Card Link today to schedule a consultation and get professional guidance from trusted immigration attorneys who care about your success.