How to Legally Obtain an American Green Card Through Marriage

If you’re married to a U.S. citizen or lawful permanent resident, you may be eligible to apply for a green card—giving you the right to live, work, and build a future together in the U.S.

But like any immigration process, there are rules to follow, documents to gather, and steps to take to make it legal.

This guide will walk you through everything you need to know to obtain a U.S. green card through marriage, legally and successfully.

Who Can Apply for a Green Card Through Marriage?

You can apply for a marriage-based green card if you are:

• Legally married to a U.S. citizen or green card holder

• At least 18 years old

• In a genuine relationship (not just for immigration purposes)

Same-sex marriages are fully recognized under U.S. law.

Immediate Relative vs. Preference Category

Your path depends on your spouse’s immigration status:

• Married to a U.S. citizen? You’re considered an “immediate relative.” There is no waiting list—your green card is processed as a priority.

• Married to a green card holder? You fall into the F2A preference category, which may involve a waiting period depending on visa availability.

Marriage Must Be Legally Valid

Your marriage must be:

• Legally recognized in the country or state where it took place

• Supported by marriage certificates and other documentation

• Based on a real relationship, not just a “paper marriage”

Proving the Marriage is Genuine

USCIS will closely review your relationship. You’ll need to submit proof such as:

• Joint bank accounts

• Lease or mortgage in both names

• Photos together

• Travel records

• Birth certificates of children (if applicable)

• Wedding invitations or guest lists

• Messages, emails, or social media screenshots

Tip: You may also be asked about your relationship during an interview.

Two Main Scenarios: Inside vs. Outside the U.S.

There are two different processes depending on where the foreign spouse is located:

a. If You’re Already in the U.S.

You’ll go through Adjustment of Status.

b. If You’re Outside the U.S.

You’ll apply through Consular Processing via your home country’s U.S. embassy.

Step-by-Step: Marriage Green Card (Inside the U.S.)

Step 1: File Form I-130

Filed by the U.S. citizen or permanent resident spouse to prove the marriage is real.

Step 2: File Form I-485 (Adjustment of Status)

This is the green card application filed by the spouse seeking residency.

Step 3: Submit Supporting Documents

Include passport, marriage certificate, financial support form (I-864), photos, and proof of relationship.

Step 4: Biometrics Appointment

Fingerprints and photo taken at a USCIS center.

Step 5: Attend the Interview

Both spouses attend. You’ll be asked about your relationship, home life, and future plans.

Step 6: Wait for Approval

If approved, the green card will arrive by mail.

Step-by-Step: Marriage Green Card (Outside the U.S.)

Step 1: U.S. spouse files Form I-130

Same as above—proves the legitimacy of your marriage.

Step 2: Wait for Approval

Once approved, your case is transferred to the National Visa Center (NVC).

Step 3: Pay Fees and Submit DS-260

This is the immigrant visa application form.

Step 4: Submit Affidavit of Support and Documents

Shows your spouse can financially support you.

Step 5: Attend Visa Interview Abroad

Interview at a U.S. embassy or consulate in your country.

Step 6: Enter the U.S. and Receive Green Card

Once approved, you’ll receive an immigrant visa and enter the U.S.

Your green card will arrive by mail shortly after.

What Is the Affidavit of Support (Form I-864)?

The U.S. spouse must show they can financially support the applicant.

To qualify, they must:

• Be above 125% of the Federal Poverty Guidelines

• Submit tax returns, pay stubs, and job letters

If they don’t qualify alone, a co-sponsor may help.

Conditional vs. Permanent Green Card

If you’ve been married less than 2 years when the green card is issued:

• You’ll receive a 2-year conditional green card

You must file Form I-751 within 90 days before it expires to remove the conditions.

If married 2 years or more, you get a 10-year green card right away.

What Are the Costs?

Here’s a rough breakdown:

I-130 $535

I-485 $1,140 (plus $85 biometrics)

DS-260 ~$325

Medical Exam $100–$500 (varies)

Legal assistance is optional but often recommended.

How Long Does It Take?

Timelines vary by case, but here’s a general idea:

I-130 Approval 6–12 months

I-485 (if in U.S.) 8–14 months

Consular Processing 10–16 months

If married to a U.S. citizen, the process is often faster than for spouses of green card holders.

What Happens After You Get the Green Card?

You can:

• Live and work in the U.S.

• Travel in and out of the U.S. (within guidelines)

• Apply for citizenship after 3 years (if still married to a U.S. citizen)

What If the Marriage Ends?

If you divorce during the 2-year conditional period:

• You can still apply to remove conditions with a waiver, but you must show the marriage was real.

• Providing evidence of good faith marriage is key.

Common Mistakes to Avoid

• Missing documents

• Forgetting to sign forms

• Not updating your address

• Inconsistent answers during interviews

• Lack of preparation for proving your relationship

Final Tips for a Successful Application

• Keep copies of everything you send

• Be honest and consistent

• Prepare for the interview together

• Stay organized and patient

• Consider working with an immigration lawyer if needed

Conclusion

Getting a green card through marriage is one of the most common—and powerful—ways to become a U.S. permanent resident.

But it’s important to follow the process carefully, stay organized, and focus on providing strong evidence of a genuine relationship.

With the right preparation, this journey can be smooth, legal, and life-changing—for both of you.