How Do Marriage Green Cards Work?
Your marriage to a U.S. citizen or permanent resident can open the path to living and working permanently in the United States. This guide will help you understand the green card process and what you need to know before applying.
Eligibility Requirements
Before starting your application, you’ll need to confirm you meet the basic requirements. Your marriage must be legal and valid where it took place. As a U.S. citizen or permanent resident sponsor, you must earn enough to support your spouse – for a two-person household, this means at least $24,412 annually in 2025.
You’ll need to show your marriage is genuine and not just for immigration. Your spouse must also be eligible to enter the U.S., meaning no serious criminal history or immigration violations that would make them inadmissible.
The Application Process
Step 1: File the Initial Petitions
If you’re the U.S. citizen or permanent resident spouse, you’ll start by filing Form I-130 with U.S. Citizenship and Immigration Services. For spouses already legally in the U.S., you can file Form I-485 at the same time to adjust their status to permanent resident.
If your spouse lives abroad, they’ll go through consular processing after your I-130 is approved. This means interviewing at a U.S. embassy or consulate in their home country instead of adjusting status within the U.S.
Step 2: Provide Supporting Documentation
Building a strong case means showing your shared life together. You and your spouse should gather:
- Marriage certificate and any divorce papers from past marriages
- Joint financial records like bank accounts and loans
- Housing documents showing you live together
- Photos of you both from different occasions
- Birth certificates if you have children
- Shared insurance coverage
- Bills and mail sent to your shared address
- Letters from family and friends confirming your relationship
Step 3: Attend the Interview
During your USCIS interview, an officer will ask about your relationship to verify your marriage is real. You and your spouse must both attend. They’ll ask about how you met, your daily routines, and your plans together. Keep any new evidence of your ongoing marriage handy in case it’s requested.
Step 4: Receive Decision
Good news comes in the form of either a 2-year conditional card (for marriages under 2 years) or a 10-year permanent card. Your local USCIS office’s workload affects processing time, ranging from 15-24 months.
Conditional vs. Permanent Residence
When you receive a green card through a newer marriage, you start with conditional residence. This means filing Form I-751 to remove the conditions 90 days before your 2-year card expires. You’ll show your marriage remains genuine with current evidence of your life together.
Processing Times and Costs
Understanding the financial commitment helps you plan for your green card journey. Besides government fees, you’ll need to budget for the required medical exam, any document translations, and possible legal help. For a detailed breakdown of marriage green card costs, make sure to check our guide.. While the investment is significant, it secures your future right to live and work in the U.S.
Legal Representation Matters
The marriage green card process involves complex paperwork, strict deadlines, and changing rules. Many couples find that working with an immigration lawyer helps them avoid mistakes that could delay their case or lead to denial.
The Law Office of Abhisha Parikh has helped hundreds of couples secure their marriage-based green cards. To better understand the steps involved, visit our guide on the marriage green card process. Our firm focuses exclusively on immigration law, guiding you through each step. Contact us today to discuss your marriage green card case.
Frequently Asked Questions
Can I work while waiting for my marriage green card?
Yes. You may apply for a work permit (Form I-765) while your green card application is pending. Processing typically takes 3-5 months.
What happens if I get divorced during the process?
If you divorce before receiving permanent residence, your marriage-based application will likely be denied. Special provisions exist for spouses who experience domestic violence.
Do both spouses need to live in the U.S.?
No. The U.S. citizen spouse can petition for a foreign spouse living abroad through consular processing.
How long must I stay married after getting the green card?
There’s no required marriage length after receiving a 10-year green card. However, USCIS may investigate if you divorce shortly after removing conditions on a conditional green card.
Can same-sex couples apply for marriage green cards?
Yes. The U.S. government recognizes same-sex marriages for immigration benefits if the marriage was legal where performed.