Marriage green cards fall under the family-based green card category, which is one of the most common types of U.S. green cards. There’s a lot behind the process, such as eligibility requirements, forms, interviews, deadlines, and conditions.
Here’s a breakdown of 10 things you should know about applying for a marriage green card.
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Adjustment of Status or Consular Processing
Where you are when applying matters.
If you’re in the U.S., you’ll likely file Form I-485 to adjust your status. That lets you get your marriage green card without leaving the country.
If you’re outside the U.S., your case runs through the National Visa Center (NVC) and a U.S. embassy/consulate abroad. This is called consular processing.
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It Starts with Form I-130
Every marriage-based case begins with Form I-130, Petition for Alien Relative. It’s how the U.S. citizen or green card holder spouse proves a valid marriage exists.
Without this form, there’s no official record of your relationship with USCIS.
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Priority Dates and the Visa Bulletin
If your spouse is a U.S. citizen, you won’t need to wait for a visa number. However, if your spouse is a green card holder, you’ll have to wait until one becomes available. Your priority date determines your place in line, so you’ll need to regularly check the Department of State’s Visa Bulletin.
Once your priority date becomes current, you can move forward with your application.
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Conditional Green Card if Married Less Than 2 Years
If your marriage is under two years old when USCIS approves your green card, you’ll get a conditional green card valid for two years.
Before it expires, you and your spouse must jointly file Form I-751 to remove conditions.
You risk losing your status if you miss the filing deadline.
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Expect an Interview and Bring Proof of Your Marriage
Interviews are standard for both adjustment of status and consular processing.
Officers will ask how you met, what you do together, and everyday details like who cooks, where you bank, or your spouse’s favorite meal.
Bring originals of your joint evidence, such as leases, tax returns, bank accounts, photos, and insurance.
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Evidence Makes or Breaks Your Case
A marriage green card is all about proving that the marriage is genuine, and not because of immigration benefits.
The best evidence includes:
- Joint leases or mortgages
- Shared bank accounts
- Joint tax returns
- Utility bills with both names
- Insurance or beneficiary designations
- Photos from trips and family events
Include affidavits from friends or relatives who know you as a couple.
Strong evidence means fewer Requests for Evidence and a better chance of approval.
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You Can Work and Travel While Waiting
If you apply inside the U.S., you can also file Form I-765 for work authorization and Form I-131 for travel permission, also called Advance Parole.
That way, while your marriage green card status is pending, you can legally work and travel.
Traveling without Advance Parole can mean abandoning your adjustment of status.
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Biometrics and Background Checks
After filing, USCIS will schedule a biometrics appointment to collect your fingerprints and photos.
It’s mandatory. Bring your appointment notice and ID, then wait for background clearance before your interview is set.
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Affidavit of Support for Financial Proof
The sponsoring spouse must prove financial ability by filing Form I-864, Affidavit of Support.
They must demonstrate an income of at least 125% of the federal poverty guidelines. If they can’t meet it alone, a joint sponsor can step in.
This form is a binding contract that the sponsor agrees to support you financially until you become a citizen or meet other conditions.
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Public Charge and Benefits Still Count
Rules have changed over time, but concerns about public charges persist.
If you’ve received certain public benefits, disclose them truthfully. USCIS reviews your total financial picture, such as household income, assets, and support.
Be honest. Hiding details can lead to denials or even findings of fraud.
Do These Before You Apply
- Gather all joint documents early, including leases, bank statements, travel records, and photos.
- Use certified copies and translations for foreign documents.
- Confirm every form version and filing address.
- Don’t travel abroad while waiting for adjustment unless you have Advance Parole.
- Maintain a valid status to the best of your ability.
Recent Updates You Should Know
- More scrutiny: DHS and USCIS have launched anti-fraud campaigns. Expect thorough reviews.
- New Forms: USCIS has revised its form instructions. Make sure you use the latest versions.
- Local field office changes: Interview procedures and document requirements now vary by location.
So, check out the latest USCIS and NVC guidance before you apply.
When You Should Get a Lawyer
A lawyer can catch minor issues before they turn into rejections. And with stricter enforcement policies now active, that legal insight can save your case.
Meet with licensed immigration attorneys on ImmigrationQuestion.com. There, you can ask your immigration questions FREE and get professional answers. Upon creating a free account, you can ask follow-ups, track replies, and get updates in one place.
Frequently Asked Questions
How do I start the marriage green card process?
Start with Form I-130 filed by your U.S. citizen or green card holder spouse. It proves your qualifying relationship. After that, apply for Adjustment of Status (if in the U.S.) or Consular Processing (if abroad).
Will I have to attend an interview?
USCIS or consular officers will ask questions to confirm if your marriage is real. Be prepared with joint documents, such as leases, photos, bank statements, and tax returns.
Can I work or travel while waiting for my green card?
Yes, but only if you get an Employment Authorization Document (work permit) and Advance Parole. Taking a job without a work permit will be illegal, and traveling without Advance Parole can cause you to abandon your Adjustment of Status.
Do I need a sponsor for the marriage green card?
Your spouse must file an Affidavit of Support to prove they meet income requirements. A joint sponsor can step in if necessary.
How long does the marriage green card process take?
It varies. Immediate relatives of U.S. citizens don’t have to wait as long as the others. However, cases with backlogs or consular processing can take longer. Always check the USCIS website and the Visa Bulletin to find out when your priority date becomes current.
What happens if USCIS issues an RFE?
Respond promptly with certified documents. RFEs are common, but missing or incomplete responses can deny your case.
When should I hire an immigration attorney?
The process is more challenging now. If you or your spouse has a criminal history, prior removals, visa denials, missing documents, or concerns about fraud, hire a licensed attorney on the ImmigrationQuestion.com network to stand a chance.
