Marriage-Based Green Cards: The Process

The short answer: marrying a U.S. citizen or lawful permanent resident (LPR) does not by itself give you a green card. Your spouse must first file a petition (Form I-130) proving the marriage is real, and only after that petition is approved — and, for LPR spouses, once a visa number becomes available — can you apply for the green card itself, either from inside the United States (adjustment of status) or from abroad (consular processing). If you're granted the green card less than two years after marrying, it comes with a two-year expiration date, and you must take action to remove that condition before it runs out.

This article lays out the durable framework of the process. Forms, fees, and some interview practices change over time, so always confirm the current version with USCIS or the State Department before you file anything.

Step 1: The petition (Form I-130)

The U.S. citizen or LPR spouse — the "petitioner" — files Form I-130, Petition for Alien Relative, with USCIS. This step is about proving the relationship exists: a valid marriage certificate, proof of termination of any prior marriages (divorce decrees, death certificates), and evidence the marriage is genuine, not entered into solely to get an immigration benefit.

• Spouse of a U.S. citizen: classified as an "immediate relative," which is not subject to the annual numerical visa caps that limit other family categories.
• Spouse of an LPR: falls into the F2A preference category, which is subject to per-country limits tracked in the monthly Visa Bulletin published by the State Department. Depending on demand, there can be a wait after I-130 approval before a visa number is available.

In some circumstances, the immigrant spouse may file Form I-485 (adjustment of status) at the same time as the I-130 rather than waiting for approval first — this is sometimes called concurrent filing. Whether that's available to you depends on your specific category and location; check current USCIS guidance.

Step 2: Getting the green card — two paths

Adjustment of status (inside the U.S.)

If the immigrant spouse is already in the United States in a lawful status (or otherwise eligible), they file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This generally includes:

• A medical exam completed by a USCIS-designated civil surgeon, recorded on Form I-693;
• Form I-864, Affidavit of Support, signed by the petitioning spouse (and a joint sponsor if needed), showing income at or above the level in the current Federal Poverty Guidelines;
• Biometrics (fingerprints and photo) at a USCIS Application Support Center;
• An interview, usually with both spouses present, at a local USCIS field office.

While I-485 is pending, working or traveling generally requires separate approvals — a work permit (Form I-765) and, for travel, advance parole (Form I-131). Leaving the country without the right travel authorization while I-485 is pending can jeopardize the case, so confirm current rules before booking any trip.

Consular processing (outside the U.S.)

If the immigrant spouse is living abroad — or chooses this route — the case moves to the National Visa Center (NVC) after I-130 approval (and, for F2A cases, once a visa number is close to available). The immigrant completes the online immigrant visa application, Form DS-260, submits civil documents and the Affidavit of Support, and once the case is "documentarily complete," NVC schedules an interview at a U.S. embassy or consulate. The applicant completes a medical exam with a panel physician there, attends the interview, and if approved, receives an immigrant visa to enter the U.S., becoming a permanent resident upon admission.

Proving a bona fide marriage

Both paths require convincing USCIS or a consular officer that the marriage is genuine and not entered into to evade immigration law. There's no fixed checklist, but common evidence includes:

• Joint bank accounts, credit cards, tax returns, and leases or a mortgage in both names;
• Shared health or life insurance policies naming each other as beneficiary or dependent;
• Photos together over time, with family and friends, at different events;
• Correspondence, phone/message records, and travel records showing an ongoing relationship;
• Affidavits from people who know the couple and can speak to the relationship's authenticity.

At the interview, officers typically ask both spouses questions about daily life, how you met, and your relationship — sometimes separately, in what's often called a "Stokes" interview, if something in the file raises a question. Inconsistent answers are not automatically fatal, but a pattern of contradictions, little joint documentation, or evidence one spouse doesn't know basic facts about the other can lead to further scrutiny, a request for more evidence, or denial. A marriage found to be fraudulent can trigger a permanent bar to future immigration benefits under INA § 204(c) — this is a serious, largely unwaivable consequence, so accuracy and honesty at every step matter enormously.

Conditional residence: the two-year rule and the I-751 deadline

If the green card is approved based on a marriage that is less than two years old on the approval date, USCIS grants conditional permanent residence instead of a standard 10-year green card. The conditional card is valid for two years.

Hard deadline: To remove the conditions and get a standard 10-year green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window immediately before the conditional card expires. Filing too early can result in rejection; missing the window entirely can result in automatic termination of status and possible removal proceedings.

• If you're still married, you and your spouse normally file I-751 together, with evidence the marriage has continued to be genuine.
• If the marriage ended in divorce, your spouse died, you experienced abuse or extreme cruelty, or removal would cause extreme hardship, you may qualify to request a waiver of the joint-filing requirement and can file on your own, at any time after becoming a conditional resident (the 90-day window doesn't apply to waiver filings).
• Timely filing generally extends your conditional status while the petition is pending — check your receipt notice and current USCIS guidance for exactly how that extension is documented on your case.

For the full picture on eligibility categories, required evidence, and what to do if you missed the window, see our detailed guide to Form I-751: Removing Conditions on Residence.

What to do — step by step

1. Confirm eligibility: legal marriage recognized where it occurred, and no prior marriage fraud finding against either spouse.
2. Petitioner files Form I-130 with evidence of the marriage; immigrant spouse determines whether adjustment of status or consular processing applies.
3. Gather bona fide marriage evidence early and keep adding to it — this takes time to build.
4. File Form I-485 (with I-693 medical exam and I-864 Affidavit of Support) if adjusting status, or complete Form DS-260 and NVC document collection if processing through a consulate.
5. Attend biometrics and the interview; bring current, organized evidence and be prepared to answer questions honestly and consistently.
6. If the marriage is under two years old at approval, mark your calendar: file Form I-751 in the 90 days before your conditional card expires.
7. Verify every form number, fee, and current processing expectation on uscis.gov or travel.state.gov before filing, since these change often.

Beware of notario and immigration-consultant fraud

In many countries, "notario público" is a licensed attorney, but in the United States a notary public has no authority to give immigration advice or represent you before USCIS or immigration court. Only a licensed attorney or a representative accredited by the Department of Justice may legally represent you. Filing false documents, misrepresenting facts about your marriage, or paying an unauthorized "consultant" to prepare your case can lead to denial, a permanent fraud bar, or removal — with no fix available afterward. If you can't afford a private attorney, look for a DOJ-recognized organization through the EOIR's list of accredited representatives.

This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration cases turn on individual facts, and mistakes can lead to detention, denial, or removal — consult a licensed immigration attorney or a DOJ-accredited representative about your specific situation.