Marriage-based green card: the basics

If you're married to a U.S. citizen or a green card holder, your spouse may be able to become a permanent resident through your marriage. The process has two big parts: proving the relationship and proving the spouse can get a green card.

Step 1: The petition (Form I-130)

The U.S. citizen or green card holder (the petitioner) files Form I-130, Petition for Alien Relative, plus Form I-130A with information about the spouse. This asks USCIS to recognize the marriage.

• Fee: $675 by mail, $625 online.

Step 2: The green card itself

How this works depends mostly on where your spouse is:

• Spouse is inside the U.S.: they may be able to apply right here with Form I-485 (Adjustment of Status), often filed together with the I-130 if the petitioner is a U.S. citizen. Fee: $1,440 (adults). Many people also file a work permit request (I-765) and travel document request (I-131) with it.
• Spouse is outside the U.S.: after the I-130 is approved, the case moves to the National Visa Center and an interview at a U.S. embassy or consulate abroad (consular processing).

Important: Whether your spouse can apply from inside the U.S. depends on things like how they entered, whether they were inspected at the border, and their immigration history. Spouses of green card holders have different rules and waiting times than spouses of citizens. This is exactly the part worth having an attorney review before you file.

What else is usually required

• Affidavit of Support (Form I-864): the petitioner shows they can support the spouse, using tax returns, W-2s and pay stubs. A joint sponsor can help if income is too low.
• Medical exam (Form I-693): done by a USCIS-designated civil surgeon, generally submitted with the I-485.
• Proof of a real marriage (see below).
• Civil documents: birth certificates, marriage certificate, divorce decrees from any prior marriages, passports, and certified English translations.

Proving the marriage is real

USCIS wants to see a genuine relationship, not just a certificate. Strong evidence includes:

• A joint lease or mortgage, and utility bills at the same address.
• Joint bank accounts, credit cards or tax returns.
• Insurance policies listing each other.
• Photos together over time, with family and friends.
• Birth certificates of children you have together.
• Travel records, messages and call history.

The interview and the 2-year card

Most marriage cases include an interview. If you've been married less than 2 years when the green card is approved, your spouse gets a 2-year conditional card and must file Form I-751 in the 90 days before it expires.

Total government fees (roughly)

For a spouse inside the U.S. filing I-130 + I-485 + I-765 + I-131, government fees add up to about $3,000. Fees change: always confirm at uscis.gov/g-1055.

General information only. Every case is different. Get advice before filing if there's any past immigration problem, arrest, or prior removal.