Green Card Through Marriage: Process, Requirements, and Timeline

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Obtaining a green card through marriage is a vital step for couples looking to establish their life together in the United States. This comprehensive guide outlines the process, requirements, and timeline for securing a marriage-based green card, ensuring that you understand every step along the way. For personalized assistance, consider consulting an experienced immigration attorney near you.

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Discover the step-by-step process for obtaining a green card through marriage, including eligibility requirements, processing times, and common challenges. If you need assistance, find a trusted immigration attorney near you to guide you through the marriage-based green card application process.

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Green Card Through Marriage: Process, Requirements, and Timeline

Obtaining a green card through marriage is one of the fastest and most common ways to become a lawful permanent resident (LPR) of the United States. If you are married to a U.S. citizen or lawful permanent resident (green card holder), you may be eligible to apply for a marriage-based green card, allowing you to live, work, and travel freely in the U.S.

However, the process requires proof of a bona fide marriage, extensive documentation, and strict adherence to immigration laws. This guide walks you through the step-by-step application process, eligibility requirements, processing times, and common challenges when applying for a marriage-based green card.

💡 For every post in this series, scroll down to “Related Posts.”

Who Can Apply for a Marriage-Based Green Card?

1. Spouses of U.S. Citizens (Immediate Relative Category)

No annual visa limits—spouses of U.S. citizens receive priority processing.

Typically the fastest path to a green card (8-12 months for most cases).

2. Spouses of Green Card Holders (Family Preference Category – F2A)

Subject to annual visa limits, which may cause longer wait times (1-2 years).

Processing depends on visa availability in the F2A category.

For details on sponsoring family members, see The Family-Based Green Card Process: How to Sponsor Your Loved Ones.

Step-by-Step Process for Getting a Green Card Through Marriage

Step 1: File Form I-130 (Petition for Alien Relative)

The sponsoring spouse (U.S. citizen or green card holder) must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish a valid marriage relationship.

Documents Required for Form I-130:

Proof of U.S. citizenship or LPR status (passport, naturalization certificate, green card).

Marriage certificate proving a legal marriage.

Proof of bona fide marriage (joint bank accounts, lease agreements, wedding photos, travel records).

Divorce or death certificates (if either spouse was previously married).

Once Form I-130 is approved, the next steps depend on where the foreign spouse is located.

Step 2: Adjustment of Status (If Spouse Is in the U.S.)

If the foreign spouse is already in the U.S. on a valid visa, they may be eligible to apply for adjustment of status without leaving the country.

Application Requirements:

File Form I-485 (Application to Adjust Status).

Submit biometrics (fingerprints & photo).

Attend a marriage-based green card interview at a USCIS office.

Processing Time:

8-12 months (spouse of U.S. citizen).

1-2 years (spouse of green card holder, depending on visa availability).

Once approved, the spouse receives a green card and permanent residency.

Step 2: Consular Processing (If Spouse Is Outside the U.S.)

If the foreign spouse lives outside the U.S., they must go through consular processing at a U.S. embassy.

Application Requirements:

Submit Form DS-260 (Immigrant Visa Application) online.

Attend a visa interview at the U.S. embassy in the spouse’s home country.

Provide medical exam results and required documents.

Processing Time:

12-18 months, depending on the country and case complexity.

If approved, the spouse receives an immigrant visa and can enter the U.S. as a lawful permanent resident.

Step 3: Attend the Green Card Interview

Both adjustment of status applicants (inside the U.S.) and consular processing applicants (outside the U.S.) must attend a marriage-based green card interview.

What Happens at the Interview?

A USCIS or consular officer will ask detailed questions about your relationship.

Spouses may be interviewed together or separately.

Officers will look for red flags of marriage fraud, such as:

Large age differences.
No shared financial or residential history.
Contradictory answers from spouses.

Common Marriage Green Card Interview Questions:

When and where did you meet?

Who proposed, and how did it happen?

What side of the bed does your spouse sleep on?

How do you spend weekends together?

Step 4: Receive Your Marriage-Based Green Card

Once the green card is approved, the foreign spouse will receive either a conditional green card or a permanent green card.

Conditional Green Card (If Married Less Than 2 Years)

If the couple has been married for less than two years at the time of approval, the spouse receives a 2-year conditional green card.

After two years, the couple must file Form I-751 (Petition to Remove Conditions on Residence) to prove they are still married.

Permanent Green Card (If Married More Than 2 Years)

If the couple has been married for over two years at the time of approval, the spouse receives a 10-year green card.

Processing Times for Marriage-Based Green Cards

Marriage Green Card Category	Estimated Processing Time
Spouse of U.S. Citizen (In U.S.)	8-12 months
Spouse of U.S. Citizen (Outside U.S.)	12-18 months
Spouse of Green Card Holder (In U.S.)	1-2 years
Spouse of Green Card Holder (Outside U.S.)	2+ years

Common Challenges & How to Overcome Them

1. Proving a Genuine Marriage

Provide strong evidence of a real relationship, such as:

Joint lease or mortgage documents.
Shared bank accounts and utility bills.
Photos from vacations and family gatherings.

2. Financial Sponsorship Issues

The U.S. citizen or green card holder must prove financial ability to support their spouse.

File Form I-864 (Affidavit of Support) and provide tax returns, pay stubs, or a joint sponsor.

3. Previous Visa Overstays or Immigration Violations

Overstaying a visa may require a waiver before adjustment of status is possible.

Consult an immigration attorney if the foreign spouse has prior violations.

Can a Marriage Green Card Lead to U.S. Citizenship?

Yes! Marriage-based green card holders can apply for U.S. citizenship through naturalization after:

3 years (if married to a U.S. citizen and living together).

5 years (if not applying based on marriage).

For more details, see The Family-Based Green Card Process: How to Sponsor Your Loved Ones.

Final Thoughts

Obtaining a green card through marriage is one of the most straightforward paths to U.S. permanent residency, but it requires proper documentation, proof of a genuine marriage, and successful completion of the green card interview.

If you need expert guidance, ReferU.AI can connect you with a trusted immigration attorney near you to ensure a smooth and successful green card process. Take the next step toward building your life together in the U.S. today!