How to Get a Green Card Through Marriage to a U.S. Citizen

Getting a green card through marriage to a U.S. citizen is one of the most common pathways to permanent residence in the United States. This process, known as marriage-based adjustment of status (AOS), allows foreign nationals already in the U.S. to become lawful permanent residents without returning to their home country for visa processing. The journey typically takes 10-24 months from filing to approval, involves multiple forms and fees, and requires proving that your marriage is genuine.

This comprehensive guide explains exactly how the marriage-based green card process works, what documents you'll need, and what to expect at each stage. Whether you're just starting to research your options or you're already in the process, understanding these requirements will help you navigate the system successfully.

This article focuses specifically on adjustment of status for foreign nationals already in the United States who are married to U.S. citizens. If you're outside the U.S., you'll need consular processing instead, which follows different procedures through the Department of State.

What Is Marriage-Based Adjustment of Status?

Marriage-based adjustment of status is the process by which a foreign national spouse of a U.S. citizen applies to become a lawful permanent resident (green card holder) while remaining in the United States. This is a permanent immigration benefit that leads to a green card, not a temporary visa.

The process involves two main applications filed concurrently with U.S. Citizenship and Immigration Services (USCIS): Form I-130 (Petition for Alien Relative) filed by the U.S. citizen spouse, and Form I-485 (Application to Register Permanent Residence or Adjust Status) filed by the foreign national spouse. Under INA §245(a), foreign nationals who are inspected and admitted or paroled into the United States and who meet certain eligibility requirements may adjust status without leaving the country.

Immediate relatives of U.S. citizens—including spouses—have a significant advantage: there are no numerical visa limitations, meaning you don't need to wait for a visa number to become available. This makes the marriage-based green card process faster than most other family-based or employment-based immigration pathways.

Legal Background: Understanding the Immigration and Nationality Act

The legal foundation for marriage-based green cards comes from the Immigration and Nationality Act (INA). Under INA §201(b)(2)(A)(i), spouses of U.S. citizens are classified as "immediate relatives," which means they're exempt from the numerical limitations that apply to other immigration categories. This exemption is crucial—it means there's no quota or waiting list for visa numbers.

The adjustment of status provision is found in INA §245, which allows certain foreign nationals to apply for lawful permanent residence without departing the United States. According to 8 CFR §245.1(c)(1), immediate relatives of U.S. citizens may adjust status even if they've worked without authorization or overstayed a visa (though unauthorized entry without inspection creates different issues).

Congress enacted special protections against marriage fraud through the Immigration Marriage Fraud Amendments of 1986. Under INA §216, foreign nationals who obtain green cards through marriages less than two years old receive conditional permanent residence for two years. They must jointly file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day period before their second anniversary to convert to a 10-year green card.

The USCIS Policy Manual, Volume 12, Part G, provides detailed guidance on marriage-based adjustment applications, including evidence requirements and interview procedures. These policies help USCIS officers determine whether a marriage is bona fide—entered into for love and companionship rather than solely for immigration benefits.

Who Is Eligible for a Marriage-Based Green Card?

To qualify for adjustment of status through marriage to a U.S. citizen, you must meet specific eligibility criteria. Understanding these requirements upfront will help you determine whether this pathway applies to your situation.

Primary Eligibility Requirements

You must meet ALL of the following conditions:

• Legally married to a U.S. citizen: Your marriage must be legally valid in the jurisdiction where it took place, and you must currently be married (not separated or divorced)

• Lawful entry into the United States: You must have been inspected and admitted or paroled by an immigration officer at a port of entry (overstaying is generally forgiven for immediate relatives, but unlawful entry without inspection is not)

• Marriage is bona fide: Your marriage must be genuine, entered into for love and commitment, not primarily to obtain immigration benefits

• No disqualifying inadmissibility grounds: You must not have serious criminal convictions, immigration violations, or other grounds that make you inadmissible under INA §212(a) (some grounds can be waived)

• U.S. citizen spouse meets income requirements: Your spouse must demonstrate ability to support you at 125% of the federal poverty guidelines through Form I-864 (Affidavit of Support)

Special Considerations

Conditional vs. Permanent Residence: If your marriage is less than two years old when USCIS approves your green card, you'll receive a conditional green card (CR-6) valid for two years. If your marriage has already lasted two years or more at the time of approval, you'll receive a 10-year permanent green card (IR-6) immediately.

Previous Immigration Violations: Immediate relatives of U.S. citizens receive significant forgiveness for certain violations. Under INA §245(c) and (k), you may adjust status even if you've overstayed your visa, worked without authorization, or violated your status—as long as you entered lawfully. However, unlawful presence of more than 180 days can trigger bars to reentry if you leave the U.S., so it's crucial to complete adjustment of status before traveling.

Prior Removal Orders or Deportations: If you have a removal order, deportation, or voluntary departure on your record, you may need a waiver (Form I-212) before adjusting status. Consult with an immigration attorney if you have any prior immigration court proceedings.

The Marriage-Based Green Card Process: Step-by-Step

The adjustment of status process involves multiple forms, fees, and stages. Here's exactly what happens from start to finish.

Step 1: Gather Required Forms and Documents

The U.S. citizen spouse and foreign national spouse must prepare a comprehensive application package. The U.S. citizen spouse files Form I-130, while the foreign national spouse files Form I-485 along with several supporting forms.

Required Forms:

• Form I-130 (Petition for Alien Relative) – filed by U.S. citizen spouse
• Form I-485 (Application to Register Permanent Residence or Adjust Status) – filed by foreign national spouse
• Form I-864 (Affidavit of Support) – filed by U.S. citizen spouse as financial sponsor
• Form I-765 (Application for Employment Authorization Document) – optional but recommended, filed by foreign national spouse
• Form I-131 (Application for Travel Document/Advance Parole) – optional but recommended if travel is anticipated
• Form G-325A or biographical information pages (requirements vary by USCIS field office)

Required Documents:

• Proof of U.S. citizenship (birth certificate, passport, naturalization certificate)
• Marriage certificate (certified copy with English translation if needed)
• Proof of termination of prior marriages (divorce decrees, death certificates)
• Foreign national's birth certificate with English translation
• Copy of foreign national's passport and visa
• Form I-94 (Arrival/Departure Record)
• Two passport-style photos for each applicant
• Medical examination (Form I-693) from USCIS-approved civil surgeon
• Evidence of bona fide marriage (joint financial documents, photos, affidavits, correspondence)
• Police certificates if required
• Tax returns, pay stubs, and employment verification for Form I-864

Step 2: Submit Application and Pay Fees

As of April 1, 2024, the current USCIS fees are:

• Form I-130: $675
• Form I-485: $1,440 (includes biometrics fee for most applicants)
• Form I-765: $260 (can be filed free with I-485)
• Form I-131: $630 (can be filed free with I-485)

Total typical cost: Approximately $2,115 if filing I-130, I-485, I-765, and I-131 together (the most common package).

Mail your complete application package to the appropriate USCIS lockbox facility based on your location. USCIS will send you receipt notices (Form I-797C) within 2-4 weeks confirming they received your applications. Save these receipt notices—they contain your case numbers for tracking your applications online.

Step 3: Biometrics Appointment

Within 4-8 weeks after filing, USCIS will schedule you for a biometrics appointment at an Application Support Center (ASC). You'll receive an appointment notice with the date, time, and location.

At this appointment, USCIS will:

• Take your fingerprints
• Photograph you
• Verify your identity

This typically takes 15-30 minutes. USCIS uses your biometrics to conduct background checks with the FBI and other agencies. You can reschedule if absolutely necessary, but delays can slow your case.

Step 4: Work Authorization and Travel Documents

If you filed Form I-765 and I-131 with your adjustment application, USCIS typically approves these within 3-6 months (though times vary by service center).

Employment Authorization Document (EAD): Once approved, you can work for any employer in the United States. Your EAD is typically valid for two years.

Advance Parole Travel Document: This allows you to travel internationally and return to the U.S. while your adjustment application is pending. Important: Never travel outside the U.S. without advance parole or a valid visa, as leaving can be considered abandonment of your I-485 application.

Step 5: Marriage-Based Green Card Interview

The most critical step is your interview at your local USCIS field office. According to USCIS Policy Manual Volume 12, Part G, Chapter 5, all marriage-based adjustment applications require an in-person interview where both spouses must appear together.

USCIS will mail you an interview notice typically 2-4 weeks before your scheduled date. Processing times from filing to interview vary significantly by field office—San Antonio Field Office, for example, typically schedules interviews 10-18 months after filing.

What to Bring to Your Interview:

• Interview appointment notice
• Both spouses' government-issued photo IDs
• Both spouses' passports
• Original documents submitted with your application
• Updated evidence of bona fide marriage (recent photos, joint bills, lease agreements, insurance policies, joint bank statements)
• Any documents requested in your interview notice
• Medical examination (Form I-693) if not already submitted

What to Expect During the Interview:

The USCIS officer will:

1. Place you under oath
2. Review your application forms for accuracy
3. Ask questions about your relationship, how you met, daily routines, and future plans
4. Examine evidence of your bona fide marriage
5. Verify your identity and eligibility
6. Check for any inadmissibility issues

Interviews typically last 15-45 minutes. The officer is assessing whether your marriage is genuine under INA §204(b) and whether you meet all eligibility requirements under INA §245.

Step 6: Decision and Green Card Approval

At the end of your interview, the officer may:

• Approve your case on the spot: You'll receive a written approval notice, and your green card will arrive by mail within 2-4 weeks
• Continue your case: The officer needs additional evidence or time to complete background checks
• Issue a Request for Evidence (RFE): You must submit additional documents within the specified timeframe
• Deny your case: Rare, but can happen if you don't meet eligibility requirements or can't prove your marriage is bona fide

Most straightforward marriage-based cases are approved at the interview or shortly after. If approved, you'll receive either a conditional green card (valid 2 years) if married less than 2 years, or a permanent green card (valid 10 years) if married 2+ years.

Common Challenges and How to Address Them

How Do I Prove My Marriage Is Bona Fide?

USCIS scrutinizes marriage-based applications carefully to detect fraud. Under 8 CFR §204.2(a)(1)(ii), you must provide evidence that you entered into marriage in good faith and not solely for immigration benefits.

Strong evidence includes:

• Financial commingling: Joint bank accounts, joint credit cards, joint loans, joint tax returns
• Shared residence: Lease or mortgage in both names, utility bills showing both names
• Insurance policies: Health, life, or auto insurance listing spouse as beneficiary
• Photos together: Throughout your relationship, at different times and locations, with family and friends
• Affidavits from people who know you: Friends and family attesting to your genuine relationship
• Communication records: Emails, text messages, letters (especially if you had a long-distance period)
• Travel records: Trips taken together, boarding passes, hotel reservations
• Children born to the marriage: Birth certificates listing both parents

What If I Entered the U.S. Without Inspection?

This is a critical distinction. If you entered the U.S. without being inspected by an immigration officer (for example, crossing the border unlawfully), you generally cannot adjust status through marriage, even to a U.S. citizen, unless you qualify for a specific exception under INA §245(i).

INA §245(i) allows certain individuals who entered without inspection to adjust status if they were the beneficiary of an immigrant petition or labor certification filed on or before April 30, 2001, and pay a $1,000 penalty fee. Very few people qualify for this exception today.

If you entered without inspection and don't qualify for §245(i), you'll likely need to pursue consular processing instead, which means leaving the U.S. for an interview at a U.S. embassy or consulate abroad. However, this triggers unlawful presence bars under INA §212(a)(9)(B), which may require a waiver (Form I-601A). Consult an immigration attorney if this applies to you.

What Happens If We Divorce Before the Interview?

If you divorce after filing but before your interview, your adjustment of status case will be denied because you no longer have a qualifying relationship with a U.S. citizen. There is no appeal from this denial.

If your spouse withdraws the I-130 petition before USCIS approves your I-485, your adjustment application will also be denied. However, if USCIS has already approved your I-485 and you receive your conditional green card, and then divorce, you can still remove conditions under the divorce waiver provisions of INA §216(c)(4) by filing Form I-751 with evidence that you entered the marriage in good faith.

How Long Does the Entire Process Take?

Processing times vary significantly by USCIS field office. As of 2025:

• Receipt notices: 2-4 weeks after filing
• Biometrics appointment: 4-8 weeks after filing
• EAD/Advance Parole approval: 3-6 months after filing
• Interview scheduling: 8-24 months after filing (varies widely by location)
• Final decision: Often at interview or within 2-4 weeks after

San Antonio Field Office, mentioned in the original case, typically processes marriage-based adjustment cases in 10-18 months from filing to approval. You can check current processing times for your specific field office at egov.uscis.gov/processing-times.

What If I Have a Criminal Record?

Certain criminal convictions can make you inadmissible under INA §212(a)(2) and bar you from adjusting status. The severity matters:

• Crimes involving moral turpitude (CIMT): Fraud, theft, assault, domestic violence
• Controlled substance violations: Drug trafficking or possession (even marijuana in some cases)
• Multiple criminal convictions: Two or more convictions with aggregate sentences of 5+ years
• Prostitution or commercialized vice: Within 10 years of application

Some criminal grounds have waivers available. If you have any criminal history, consult with an immigration attorney before filing to determine whether you're eligible for adjustment or need a waiver under INA §212(h) or §212(i).

Practical Tips for a Successful Application

Build Your Evidence File From Day One

Don't wait until you're ready to file to start gathering evidence. From the beginning of your marriage:

• Open joint bank accounts and use them regularly
• Add your spouse to leases, mortgages, and utility accounts
• List each other as beneficiaries on insurance policies
• File joint tax returns
• Take photos together regularly, especially at family events
• Keep records of trips, gifts, and significant moments

Be Honest and Consistent

USCIS officers are

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/USCIS/comments/1tdg5lh/greened_aos_marriage_to_usc_san_antonio_fo_not/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

Schedule a consultation

---

This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

Schedule a consultation