The marriage green card process involves three main steps whether you’re applying for a green card via marriage to a U.S. citizen or to a green card holder. Here’s what you need to know:

Step 1: Establish the Marriage Relationship (Form I-130)

The U.S. citizen or green card holder spouse (the “petitioner” or “sponsor”) files Form I-130 (Petition for Alien Relative) with USCIS to prove the marriage is genuine.

Required documents for Form I-130:

• Government filing fee of $675
• Proof that the sponsoring spouse is a U.S. citizen (copy of the sponsor’s birth certificate, naturalization certificate, or valid U.S. passport photo page, for example) or permanent resident (copy of the sponsor’s green card, for example)
• Marriage certificate showing names, date, and place of marriage
• Proof that the marriage is real (joint leases, bank statements, photos together)
• Proof that previous marriages of either spouse were legally terminated (typically, a divorce document)

After submitting your application, USCIS will generally send a receipt notice within two weeks. If additional information is needed, USCIS will send a Request for Evidence (RFE) within 2-3 months. USCIS typically makes a decision on the I-130 within 14.6 months, with processing times showing a slight upward trend in late 2024.

How long do you have to be married to get a green card?

There’s no minimum marriage length required for a green card. However, newer marriages face more scrutiny. The government focuses on whether or not the marriage is genuine, rather than its duration. Couples who haven’t been married for long may need to provide more evidence of a bona fide marriage.

Step 2: Apply for the Marriage Green Card

The next steps in the marriage green card application depend on whether the foreign spouse is living in the United States or abroad. The marriage-based green card process differs slightly between these two scenarios:

For Spouses Living in the United States (Adjustment of Status)

If the foreign spouse lives in the U.S., they must file Form I-485 (Adjustment of Status) with USCIS.

For spouses of U.S. citizens: The I-485 can be filed simultaneously with Form I-130 (“concurrent filing”), with processing typically taking 9.2 months.

For spouses of green card holders: The I-485 can only be filed when a visa becomes available according to the Visa Bulletin (wait times vary). Once the I-485 is submitted, USCIS typically processes it within 9.2 months, though processing times can vary depending on your local USCIS field office.

Required documents for Form I-485:

• Government filing fees of $2330 (including $1440 for the green card application)
• Proof of nationality (birth certificate, passport)
• Proof of lawful entry to the U.S. (I-94 record, visa)
• Medical examination by a USCIS-approved physician (Form I-693)
• Financial support documentation (Form I-864 Affidavit of Support and evidence like tax returns, pay stubs)
• Passport-style photos
• Employment history
• Address history
• Form I-765 (optional, for work authorization while waiting)
• Form I-131 (optional, for travel authorization while waiting)

Required documents for consular processing (NVC Filing):

• Government filing fees of $445 (including $120for financial support form (I-864) and $325 for State Department processing)
• Form DS-260 (online green card application)
• Proof of nationality (birth certificate, passport)
• Police clearance certificate from each country lived in for more than 6 months since age 16
• Financial support documentation (/immigration-resources/what-is-an-affidavit-of-support/ and supporting evidence)
• Medical examination by a USCIS-approved physician
• Passport-style photos
• Marriage certificate
• Military records (if applicable)
• Court and prison records (if applicable)

Processing time at the NVC typically takes 1-2 months before forwarding to the appropriate U.S. embassy or consulate for both spouses of U.S. citizens and spouses of green card holders.

Step 3: Attend the Marriage Green Card Interview and Await Approval

The primary purpose of the green card interview is to verify the authenticity of the marriage. The interviewing officer will ask questions about your relationship history, daily activities, and future plans together.

For couples in the U.S.: Both spouses attend the interview at their local USCIS office. Upon approval, the green card typically arrives by mail within 2-3 weeks.

For couples with a spouse abroad: Only the foreign spouse attends the interview at a U.S. embassy or consulate. If approved, they receive a visa stamp for U.S. travel. The $235 must be paid online before the physical green card is issued (USCIS recommends paying this fee before the spouse leaves for the United States). The green card is typically mailed to the couple’s U.S. address within 2-3 weeks of the spouse’s arrival.

Marriage Green Card Approval and Denial Rates

Latest USCIS Data

Recent USCIS data from FY2023 Q4 through FY2024 Q4 shows consistent trends in marriage-based green card processing:

Form I-130 (Petition for Alien Relative):

• Approval rates ranged from 84.5% to 90.4% across quarters
• Denial rates typically fell between 9.6% and 15.5%
• Pending cases remained high, exceeding 1.9 million in most quarters

Form I-485 (Adjustment of Status):

• Approval rates consistently exceeded 90% across all quarters
• Denial rates ranged from 7.3% to 9.9%
• Pending cases increased sharply in FY2024 Q3 and Q4, reaching over 1 million

Visa Availability Challenges

For spouses of green card holders (who fall under the F2A preference category), there’s an additional wait for visa availability:

• Over 1.68 million approved I-130 petitions were waiting for visa availability as of late 2023
• Countries with particularly high backlogs include Mexico, India, China, and the Philippines

Note that these statistics cover all family-based immigration categories, not only spouses, though marriage-based petitions represent a significant portion.

Common reasons for marriage green card denials include:

• Insufficient evidence of a genuine marriage
• Misrepresentation or fraud
• Criminal history affecting eligibility
• Unauthorized work or unlawful presence issues
• Health-related grounds of inadmissibility
• Financial sponsorship issues

After Marriage Green Card Approval

What happens after approval depends on the length of the marriage at the time of green card approval:

For marriages under two years:

The foreign spouse receives a CR1 (conditional) green card valid for only two years. Couples must jointly file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day period immediately before the expiration of the conditional green card.

Upon receiving this form, USCIS will re-evaluate the couple’s marriage to ensure it is authentic and not entered solely for immigration purposes. Couples will need to provide supporting documentation similar to the original application to demonstrate their marriage is real.

For marriages over two years:

The foreign spouse receives an IR1 (immediate relative) green card—a “permanent” green card valid for 10 years. Renewing this 10-year green card is typically a simple process and does not require the couple to prove the authenticity of their marriage again.

Path to Citizenship Through Marriage

After obtaining a marriage-based green card, the foreign spouse can apply for naturalization (U.S. citizenship) after three years of continuous residence as a permanent resident. This is faster than the usual five-year requirement for other green card holders.

Requirements for naturalization through marriage include:

• Three years of permanent residence
• Physical presence in the U.S. for at least 18 months during those three years
• Continuous residence in the U.S. during this period
• Living with the U.S. citizen spouse throughout the three years
• The spouse must have been a U.S. citizen for the entire three-year period
• Demonstration of “good moral character”
• Passing the English language test (unless exempt)
• Passing the U.S. civics test
• Taking the Oath of Allegiance

Marriage Fraud Consequences

Marriage fraud is a serious federal crime with severe consequences. The U.S. government actively investigates suspected fraudulent marriages.

Consequences may include:

• Up to 5 years in federal prison
• Fines up to $250,000
• Deportation for the foreign spouse
• Permanent bar from obtaining future immigration benefits
• Potential criminal charges for the U.S. citizen spouse

USCIS and ICE may investigate marriages through:

• Thorough document review
• Separate interviews with spouses
• Home visits
• Interviews with neighbors, employers, or family members
• Social media monitoring
• Background checks