On this page
- Marriage green card basics: citizen or green card holder spouse?
- Filing inside the US or through a consulate?
- How do you prove your marriage is real?
- What happens at the marriage green card interview?
- Work permits, travel and the conditional 2-year card
- How much does a marriage green card cost?
- Marriage fraud and common mistakes
- Your next steps
Key takeaways
- Spouses of US citizens are immediate relatives with no annual cap; spouses of green card holders wait for a visa number in a preference category.
- USCIS now requires proof that the marriage is bona fide before approving the I-130, and checks again at the I-485 stage.
- If you've been married under two years when you become a resident, you get a 2-year conditional card and must file Form I-751 in the 90 days before it expires.
- Your sponsor generally needs income of at least 125% of the 2026 HHS poverty guidelines, such as $27,050 for a household of two in most states.
You married someone who holds a US passport or a green card, and now you want to build your life together in the US. A marriage green card is usually the way to do that. It's one of the most direct routes to permanent residence, and also one of the most closely examined.
Here's how the process works as of September 2026, from the first petition to the 10-year card, with the costs and the mistakes that trip couples up.
Marriage green card basics: citizen or green card holder spouse?
Your spouse's status sets your timeline.
| Spouse of a US citizen | Spouse of a green card holder | |
|---|---|---|
| Category | Immediate relative | Family preference |
| Annual numerical limit | No | Yes |
| File I-485 with the I-130? | Yes, if you're in the US and eligible | Only once a visa number is available |
| Main wait | Processing time | Visa Bulletin plus processing |
| K-1 or K-3 visa options | Yes | No |
USCIS says immigrant visas for immediate relatives of US citizens are unlimited. Spouses of permanent residents fall into a capped preference category, so they must wait until a visa is available before the final step.
Filing inside the US or through a consulate?
Concurrent filing inside the US
If your spouse is a US citizen and you're in the US after being inspected and admitted or paroled, you can usually file Form I-130 and Form I-485 together. The package typically includes Form I-864, the Form I-693 medical exam, your marriage certificate, proof that any earlier marriages ended, and identity documents.
Consular processing abroad
If you live outside the US, your spouse files the I-130 first. After USCIS approves it, the case moves to the State Department for an immigrant visa interview at a US embassy or consulate. You also pay the USCIS Immigrant Fee so your green card can be produced after you enter.
How do you prove your marriage is real?
In October 2025, USCIS added guidance to its Policy Manual saying petitioners must show the marriage is bona fide before the I-130 is approved. USCIS reviews that again when it decides the I-485. The same guidance covers proxy and virtual marriages, so read it if your ceremony wasn't in person.
The Policy Manual lists evidence such as:
- Joint ownership of property, or a lease in both names
- Commingled finances, such as shared bank accounts and bills
- Birth certificates of children you have together
- Affidavits from people who know you as a couple
Quality beats volume. Say you're a nurse from Accra who married a US citizen in Houston eight months ago. A joint lease, a shared account with everyday spending, a health plan that covers you both and photos from across the year tell a clearer story than 200 pictures from one weekend.
What happens at the marriage green card interview?
USCIS policy says adjustment applicants are interviewed unless the interview is waived, and the waiver categories don't include spouses. In family cases, the petitioning spouse is expected to attend too. Guidance issued in August 2025 also clarified when interviews are required for family petitions, and confirmed that USCIS may issue a Notice to Appear, which starts removal proceedings.
Expect questions about how you met, your routines, your home and your money. Bring originals of everything you filed, plus fresh evidence from the months since. If you don't know an answer, say so rather than guessing.
Work permits, travel and the conditional 2-year card
While your I-485 is pending, you can file Form I-765 for a work permit and Form I-131 for advance parole to travel. Don't travel abroad before you have advance parole, because leaving can be treated as abandoning your application.
If you'd been married less than two years on the day you became a resident, you get a conditional green card valid for two years. You and your spouse file Form I-751 together in the 90 days before it expires. A properly filed I-751 receipt extends your status and work authorization for 48 months.
Miss that window and your conditional status ends automatically, and USCIS can start removal proceedings. If the marriage ended, your spouse died, or you suffered abuse or extreme hardship, you can ask to waive the joint filing requirement.
The I-864 affidavit of support
Your spouse signs Form I-864, a legally binding contract with the US government to support you. Sponsors generally need income of at least 125% of the HHS poverty guidelines. The figures below took effect on March 1, 2026.
| Household size | 125% of 2026 poverty guidelines (48 contiguous states, DC and most territories) |
|---|---|
| 2 | $27,050 |
| 3 | $34,150 |
| 4 | $41,250 |
| Each additional person | Add $7,100 |
Alaska and Hawaii have higher figures, and active-duty military sponsoring a spouse use 100% of the guidelines. If your spouse falls short, a household member's income on Form I-864A, assets or a joint sponsor may help. The obligation generally lasts until you become a citizen or are credited with 40 quarters of work. USCIS requires the August 24, 2026 edition of the form from October 1, 2026.
The K-1 fiancé(e) visa in brief
If you're engaged, not yet married and living abroad, a US citizen can file Form I-129F for a K-1 visa. You generally must have met in person within two years before filing, marry within 90 days of arrival, and then file Form I-485. K-1 status can't be extended.
How much does a marriage green card cost?
These fees come from the USCIS fee schedule dated 09/09/26 and are current as of September 2026. Check the official page before you pay.
| Fee | Amount (as of September 2026) |
|---|---|
| Form I-130 | $675 paper, $625 online |
| Form I-485 (age 14+) | $1,440 paper, $1,390 online |
| Form I-765 with a pending I-485 filed with a fee on or after April 1, 2024 | $260 |
| Form I-131 advance parole with a pending I-485 | $630 paper, $580 online |
| Form I-864 | $0 |
| Form I-751 | $750 paper, $700 online |
| Form I-129F (K-1) | $675 |
| USCIS Immigrant Fee (consular cases) | $235 |
For a spouse of a US citizen filing the I-130, I-485, I-765 and I-131 on paper, that's $3,005 in USCIS fees. Consular cases also pay State Department fees, and everyone pays for the medical exam, translations and photos.
Legal fees vary widely, so ask for written quotes. Hire a licensed immigration attorney if you have past visa violations, any arrests, or a previous marriage-based petition. While you wait for a work permit, budget for health insurance and start a US credit file in your own name; our guide to building US credit history shows how.
Marriage fraud and common mistakes
Marriage fraud has lasting consequences. If USCIS finds you entered, or tried or conspired to enter, a marriage to get around immigration laws, it must deny any later petition filed for you, even one based on a genuine marriage.
Honest couples make avoidable mistakes too:
- Missing the I-751 window. Put the 90-day start date in both your calendars.
- Travelling without advance parole while the I-485 is pending.
- Getting the I-864 household size wrong, so the income looks sufficient when it isn't.
- Giving different dates or addresses on different forms.
- Paying notarios or unlicensed consultants. Our guide to job and visa scams targeting migrants explains the red flags.
Your next steps
Confirm your spouse's status and work out whether you'll adjust in the US or go through a consulate. If you're unsure whether marriage is your best route, compare it with the other options in our overview of every US green card path.
Next, run the I-864 income numbers for your household and start a shared evidence folder. Check the USCIS newsroom for holds or policy changes before you file.
Looking further ahead, spouses of US citizens can often apply to naturalize after three years. Our N-400 US citizenship guide explains the rules.
Frequently asked questions
How long does a marriage green card take?
It depends on your spouse's status, where you file and your local office. Spouses of US citizens aren't subject to annual limits, while spouses of green card holders also wait for a visa number, so check USCIS processing times and the Visa Bulletin.
Is an interview required for a marriage green card?
Usually, yes. USCIS policy says adjustment applicants are interviewed unless the interview is waived, and the listed waiver groups don't include spouses.
Can I work while my marriage green card is pending?
If you file Form I-485 in the US, you can apply for a work permit on Form I-765 while it's pending. As of September 2026, the fee is $260 when your I-485 was filed with a fee on or after April 1, 2024.
What if my spouse doesn't earn enough to sponsor me?
Your spouse may be able to add a household member's income on Form I-864A or use assets. A joint sponsor is another common option, so read the Form I-864 instructions or ask an attorney.
Do I get a 10-year green card after marriage?
Only if you'd been married two years or more on the day you became a resident. Otherwise you get a 2-year conditional card and apply to remove conditions with Form I-751.