For many foreign nationals, marrying a U.S. citizen or lawful permanent resident opens a legitimate and well-established pathway to living permanently in the United States. A marriage-based green card allows a foreign spouse to live, work, and eventually apply for U.S. citizenship. However, this process is strictly regulated by U.S. immigration law to prevent fraud and ensure marriages are genuine.
This comprehensive guide explains how to legally obtain an American green card through marriage, covering eligibility requirements, application steps, timelines, costs, common mistakes, and tips for success. Whether you are already married or planning to marry, understanding the legal process is essential to avoid delays or denials.
What Is a Marriage-Based Green Card?
A marriage-based green card grants lawful permanent resident (LPR) status to a foreign national married to:
- A U.S. citizen, or
- A U.S. lawful permanent resident (green card holder)
Once approved, the foreign spouse can:
- Live permanently in the United States
- Work legally without sponsorship
- Travel internationally
- Apply for U.S. citizenship after meeting residency requirements
Marriage-based immigration is one of the fastest and most reliable family-sponsored immigration options, provided the marriage is genuine.
Who Is Eligible for a Green Card Through Marriage?
To qualify, both spouses must meet specific legal criteria.
Eligibility for the U.S. Sponsor
The sponsoring spouse must:
- Be a U.S. citizen or lawful permanent resident
- Be at least 18 years old
- Reside in the United States or intend to return
- Meet financial sponsorship requirements
- Agree to support the foreign spouse financially
Eligibility for the Foreign Spouse
The foreign spouse must:
- Be legally married to the sponsor
- Have entered the marriage in good faith
- Have no serious criminal or immigration violations
- Pass medical and background checks
Importantly, same-sex marriages are fully recognized for U.S. immigration purposes, regardless of the laws in the couple’s home country.
Proving a Legitimate Marriage
One of the most critical aspects of the process is proving that the marriage is genuine and not solely for immigration benefits.
Common Evidence of a Real Marriage
- Marriage certificate
- Joint bank accounts
- Shared lease or mortgage
- Photos together over time
- Travel records
- Utility bills in both names
- Affidavits from friends and family
- Insurance policies listing each other as beneficiaries
The stronger and more consistent the evidence, the smoother the approval process.
Types of Marriage-Based Green Cards
1. Conditional Green Card (CR1)
If the marriage is less than two years old at the time of approval:
- A 2-year conditional green card is issued
- The couple must later file to remove conditions
2. Permanent Green Card (IR1)
If the marriage is more than two years old:
- A 10-year permanent green card is issued
- No conditions required
Step-by-Step Process to Get a U.S. Green Card Through Marriage
Step 1: File Form I-130 (Petition for Alien Relative)
The U.S. spouse files Form I-130 to establish the relationship. Supporting documents include:
- Marriage certificate
- Proof of citizenship or permanent residency
- Evidence of a bona fide marriage
Step 2: Choose Adjustment of Status or Consular Processing
Your location determines the next step.
Adjustment of Status (Inside the U.S.)
- File Form I-485
- Allows the foreign spouse to remain in the U.S.
- Often includes work and travel authorization
Consular Processing (Outside the U.S.)
- Case is sent to a U.S. embassy or consulate
- Interview conducted abroad
- Green card issued after entry
Step 3: Submit Financial Sponsorship (Form I-864)
The sponsor must demonstrate sufficient income or assets to support the spouse.
Key requirements:
- Income at least 125% of the Federal Poverty Guidelines
- Joint sponsor allowed if income is insufficient
This form is legally binding and remains valid until the immigrant becomes a citizen or earns enough work credits.
Step 4: Medical Exam and Biometrics
The foreign spouse must:
- Complete a medical exam with an approved physician
- Receive required vaccinations
- Attend a biometrics appointment (fingerprints, photo, signature)
Step 5: Marriage Interview
Most applicants must attend an interview with U.S. Citizenship and Immigration Services (USCIS) or a consular officer.
What Happens During the Interview?
- Questions about the relationship history
- Daily routines and shared responsibilities
- Verification of submitted documents
In some cases, couples may face a Stokes interview, where spouses are questioned separately if fraud is suspected.
Step 6: Green Card Approval
If approved:
- The foreign spouse receives a green card by mail or upon U.S. entry
- Conditional residents must later remove conditions
- Permanent residents can begin counting time toward citizenship
Removing Conditions on a Marriage-Based Green Card
If you received a conditional green card, you must file Form I-751 within 90 days before expiration.
Required evidence:
- Updated proof of marriage
- Continued shared life documentation
Failure to file can result in loss of status and deportation.
Processing Time for Marriage-Based Green Cards
Processing times vary depending on location and sponsor status.
Average Timelines
- U.S. citizen sponsor (inside U.S.): 10–18 months
- U.S. citizen sponsor (outside U.S.): 12–20 months
- Permanent resident sponsor: 18–30 months
Delays may occur due to background checks, missing documents, or interview backlogs.
Cost of Applying for a Marriage-Based Green Card
Typical government fees include:
- Form I-130 filing fee
- Form I-485 or consular processing fees
- Medical exam costs
- Biometrics fee
Total estimated cost ranges from $1,500 to $2,500, excluding attorney fees.
Can You Work While Waiting for a Green Card?
Yes, in many cases.
Applicants who file Adjustment of Status can apply for:
- Employment Authorization Document (EAD)
- Advance Parole (travel permission)
These benefits usually arrive within a few months.
Common Reasons for Denial
- Insufficient evidence of a real marriage
- Prior immigration fraud
- Criminal history
- Incomplete forms or missed deadlines
- Failure to meet financial requirements
Careful preparation significantly reduces the risk of denial.
Tips for a Successful Marriage-Based Green Card Application
- Be honest and consistent in all documents
- Keep copies of everything submitted
- Attend all appointments on time
- Organize evidence chronologically
- Avoid fake or exaggerated claims
- Seek legal advice if complications exist
Can Marriage Lead to U.S. Citizenship?
Yes. After obtaining a green card through marriage:
- You may apply for U.S. citizenship after 3 years
- Must remain married to the U.S. citizen
- Must meet residency and good moral character requirements
Frequently Asked Questions (FAQs)
Can undocumented immigrants apply through marriage?
Yes, but eligibility depends on how they entered the U.S. and whether waivers are required.
Is there a marriage requirement length?
No minimum length, but short marriages face higher scrutiny.
Can divorce affect the green card?
Divorce before removing conditions may complicate the case but does not always prevent approval.