Green Card Through Marriage: Process Guide

The process begins when the U.S. citizen or LPR petitioner files Form I 130 with USCIS. The filing fee is $535 as of April 2026. The petition must include proof of the petitioner's U.S. citizenship or LPR status (passport, naturalization certificate, or green card), a certified copy of the marriage certificate, passport photos of both spouses, and evidence that any prior marriages were legally terminated. USCIS uses the I 130 to verify the legal relationship between the petitioner and beneficiary. Processing times vary by service center, typically 5 to 12 months for immediate relative petitions. During this period, USCIS may issue a Request for Evidence (RFE) if the initial submission was incomplete or if the officer has questions about the bona fides of the marriage. Concurrent filing is available in many cases: if the beneficiary is in the United States and the petitioner is a U.S. citizen, the I 130 and I 485 can be filed simultaneously, which saves months of processing time. Concurrent filing also allows the beneficiary to apply for work authorization (Form I 765) and travel permission (Form I 131) while the case is pending.

After the I 130 is approved (or concurrently, for eligible cases), the beneficiary applies for permanent residence. Adjustment of status is available when the beneficiary is physically present in the United States and was lawfully admitted or paroled (INA section 245(a)). The filing fee for I 485 is $1,440 plus $85 for biometrics as of April 2026. The package includes Form I 693 (medical exam by a USCIS designated civil surgeon), passport photos, civil documents, and Form I 864 (Affidavit of Support). The medical exam typically costs $200 to $500 depending on the provider and vaccination needs. Consular processing is used when the beneficiary is abroad. After I 130 approval, the case transfers to the National Visa Center (NVC), which collects Form DS 260, the I 864, civil documents, and the immigrant visa fee ($325). Once documentarily complete, the NVC schedules an interview at the appropriate U.S. embassy or consulate. The consular officer makes the final visa decision. The I 864 Affidavit of Support requires the petitioner to demonstrate household income at or above 125% of the Federal Poverty Guidelines. For a household of two in 2026, this is approximately $24,650. If the petitioner's income is below the threshold, a joint sponsor can supplement it.

If the marriage was less than two years old at the time the beneficiary was admitted as a permanent resident, the green card issued is conditional, valid for only two years (INA section 216). This applies regardless of how long the couple has been together or how genuine the marriage is; the two year threshold is calculated from the legal marriage date to the date of admission. To remove conditions, both spouses must jointly file Form I 751 (Petition to Remove Conditions on Residence) during the 90 day window before the conditional green card expires. The filing fee is $595 as of April 2026. Evidence submitted with the I 751 should update and supplement the bona fide marriage evidence originally submitted: continued joint finances, property, insurance, taxes, photos, and any children born during the conditional period. If the marriage ends in divorce before the I 751 is filed, the conditional resident may request a waiver of the joint filing requirement under INA section 216(c)(4). Three waiver grounds exist: the marriage was entered in good faith but terminated (requires evidence of good faith entry and circumstances of the divorce); removal would result in extreme hardship to the conditional resident; or the conditional resident was subjected to battering or extreme cruelty during the marriage. Waivers are adjudicated on a case by case basis and require substantial supporting evidence. Failure to file I 751 before the conditional period expires results in automatic termination of permanent resident status. USCIS may initiate removal proceedings. Late filing may be excused if the conditional resident can demonstrate extraordinary circumstances.

For U.S. citizen petitioners filing concurrently (I 130 + I 485): The total timeline is typically 12 to 18 months. Biometrics appointment occurs 4 to 8 weeks after filing. EAD and advance parole (combo card) arrive in 2 to 5 months. The interview is scheduled 8 to 14 months after filing, depending on the field office backlog. Approval may be given at the interview or within weeks after. For U.S. citizen petitioners using consular processing: I 130 processing takes 5 to 12 months. NVC processing and document collection takes 2 to 6 months. Interview scheduling depends on embassy wait times, ranging from 1 to 6 months after the case becomes documentarily complete. Total timeline: approximately 12 to 24 months. For LPR petitioners: The F2A category has a visa backlog that adds waiting time. After I 130 approval, the beneficiary waits for a visa number to become available per the Visa Bulletin. As of April 2026, the F2A wait ranges from current (no wait) for some countries to two or three years for others. The adjustment or consular processing phase then adds another 6 to 12 months.

Government filing fees for a typical marriage based case (U.S. citizen petitioner, adjustment of status) total approximately $2,060 to $2,560 as of April 2026: I 130 ($535), I 485 ($1,440), biometrics ($85), and I 751 conditional removal ($595 when that phase arrives). Medical exam costs add $200 to $500. Passport photos, document copies, and translations add additional costs. For consular processing, fees include I 130 ($535), immigrant visa fee ($325 per applicant), I 864 processing, and the USCIS immigrant fee ($220 after visa issuance). Attorney fees for marriage based cases vary by market and case complexity. Straightforward cases with a U.S. citizen petitioner and no complicating factors typically cost $1,500 to $4,000. Cases involving prior immigration violations, criminal history, I 751 waiver requests, or complex financial documentation may cost $5,000 to $10,000 or more. Some attorneys offer flat fee arrangements for the entire case; others charge separately for each phase (I 130, I 485, interview prep, I 751).