Getting a marriage-based green card in the USA is a life-changing process that allows a foreign spouse to live and work in the United States permanently. Whether you recently married a U.S. citizen or a lawful permanent resident, understanding the process step by step is crucial to avoid unnecessary delays or denials. This post breaks down everything you need to know about applying for a marriage-based green card, from eligibility requirements to the final interview.
Before applying, you need to ensure you meet the basic eligibility requirements. The U.S. government has strict guidelines to prevent fraud and ensure that marriages are genuine.
Here’s who qualifies:
- Spouses of U.S. Citizens – If you are married to a U.S. citizen, you qualify for a marriage-based green card. The process is usually faster compared to spouses of green card holders.
- Spouses of Green Card Holders – Lawful permanent residents can also sponsor their spouses, but the process may take longer due to annual visa limits.
- Legally Married Couples – Your marriage must be legally recognized in the country where it took place. Common-law marriages may be recognized, but evidence is required.
- Genuine Marriage – You must prove that your marriage is real and not solely for immigration purposes.
Step-by-Step Process to Get a Marriage-Based Green Card
Step 1: File Form I-130 (Petition for Alien Relative)
The first step to obtaining a marriage-based green card is filing Form I-130, also known as the Petition for Alien Relative. This form establishes the legitimacy of your marriage and your relationship.
What You Need for Form I-130:
- Marriage Certificate – A legally valid proof of marriage.
- Proof of Spouse’s U.S. Citizenship or Green Card Status – Birth certificate, passport or naturalization certificate.
- Proof of Genuine Relationship – Photos, joint bank statements, lease agreements, travel records, etc.
Once filed, you will receive a Notice of Action (Form I-797) confirming receipt.
Step 2: File Form I-485 or DS-260 (Adjustment of Status vs. Consular Processing)
Your next step depends on whether the foreign spouse is currently in the U.S.
- If the spouse is in the U.S., file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
- If the spouse is outside the U.S., they must go through consular processing by submitting Form DS-260 via the National Visa Center (NVC).
Step 3: Biometrics Appointment
After filing Form I-485, the foreign spouse will receive a biometrics appointment notice from USCIS. At this appointment, they will submit fingerprints, a photograph and a signature to verify their identity.
Step 4: Attend the Green Card Interview
The marriage-based green card interview is the most crucial step. USCIS or the U.S. embassy will conduct an interview to determine if the marriage is genuine.
Common Marriage-Based Green Card Interview Questions:
- Where did you meet?
- What was your wedding like?
- Who pays the household bills?
- How do you celebrate holidays together?
Step 5: Receive a Decision
If everything checks out, USCIS will approve the application. The foreign spouse will receive a Conditional Green Card (if married for less than 2 years) or a Permanent Green Card (if married for 2+ years).
How Long Does It Take to Get a Marriage-Based Green Card?
Processing times vary depending on USCIS workload, country of origin and whether you’re married to a U.S. citizen or green card holder. Here’s a rough timeline:
- Married to a U.S. Citizen – 10-15 months
- Married to a Green Card Holder – 18-36 months
- Consular Processing – 12-24 months
How Much Does a Marriage-Based Green Card Cost?
Fees are a major part of the process. Expect to pay:
- Form I-130 Filing Fee – $535
- Form I-485 Filing Fee – $1,140
- Biometrics Fee – $85
- Consular Processing (Form DS-260) – $325
- Medical Exam Fee – Varies ($200-$500)
Total costs can range from $1,800 to $3,000 depending on legal and medical fees.
Many applicants get denied due to mistakes or insufficient evidence. Common reasons include:
- Marriage Fraud Suspicions – Lack of shared finances, separate living arrangements or discrepancies in interviews.
- Incomplete Forms – Missing documents or incorrect information.
- Past Immigration Violations – Overstaying a visa, prior deportations or criminal records.
Removing Conditions on a Marriage-Based Green Card
If you receive a Conditional Green Card, you must apply to remove conditions within 90 days before it expires. File Form I-751 (Petition to Remove Conditions on Residence) and provide updated proof of your genuine marriage.
Getting a marriage-based green card in the USA requires patience, but with the right preparation, you can navigate the process smoothly. Ensure your documents are in order, attend your interview with confidence and stay informed about updates from USCIS.
If necessary, consider hiring an immigration attorney to guide you through the complexities of the system.
Frequently Asked Questions
1. How long does it take to get a marriage-based green card?
The processing time varies based on whether you are married to a U.S. citizen or a green card holder. On average:
- Spouses of U.S. citizens: 10-15 months
- Spouses of green card holders: 18-36 months
- Consular processing (if applying from outside the U.S.): 12-24 months
2. Can I work while waiting for my marriage-based green card?
Yes, you can apply for a Work Permit (Form I-765) when filing Form I-485 (Adjustment of Status). This allows you to legally work in the U.S. while waiting for your green card approval.
3. Can I travel outside the U.S. while my application is pending?
Yes, but you must apply for Advance Parole (Form I-131) before traveling. Leaving the U.S. without this document may result in your application being canceled.
4. What documents do I need to prove my marriage is real?
To prove your marriage is legitimate, you must provide:
- Marriage certificate
- Joint bank account statements
- Lease agreements or mortgage documents showing shared residence
- Photos of your wedding, vacations and daily life together
- Affidavits from family and friends confirming your marriage is real
5. What happens if my marriage-based green card application is denied?
Denials can occur due to incomplete forms, insufficient proof of marriage or past immigration violations. If denied, you can:
- File a Motion to Reconsider if you believe USCIS made a mistake.
- Reapply with stronger evidence proving your marriage is legitimate.
- Consult an immigration attorney to explore legal options.
6. Do I have to attend an interview for a marriage-based green card?
Yes. USCIS conducts a marriage-based green card interview to verify that your relationship is real. Both spouses must attend unless the interview is waived.
7. What happens if we divorce before I receive my green card?
If you divorce before getting your green card, your application will be denied. However, if you already have a Conditional Green Card, you can apply for a waiver by proving that the marriage was genuine but ended due to uncontrollable circumstances.
8. Can I apply for U.S. citizenship after getting a marriage-based green card?
Yes. After holding a marriage-based green card for three years, you can apply for U.S. citizenship (naturalization) if you remain married to and living with your U.S. citizen spouse.
9. What fees do I need to pay for a marriage-based green card?
The total cost varies, but key fees include:
- Form I-130 (Petition for Alien Relative): $535
- Form I-485 (Adjustment of Status): $1,140
- Biometrics Fee: $85
- Form DS-260 (if applying from outside the U.S.): $325
- Medical Exam: $200-$500 (varies by provider)
10. What if I overstayed my visa before applying for a marriage-based green card?
If you overstayed your visa but married a U.S. citizen, you can still apply for a green card without leaving the U.S. However, if you’re married to a green card holder, you may need to apply for a waiver or leave the U.S. to complete consular processing.