Last reviewed: July 4, 2026
A marriage-based green card allows the spouse of a US citizen or lawful permanent resident (LPR) to live and work permanently in the United States. The process is administered by US Citizenship and Immigration Services (USCIS) and, for applicants outside the US, the Department of State. Marriage to a US citizen is one of the most common pathways to permanent residency, but the application involves multiple forms, supporting documents, and an interview designed to verify that the marriage is genuine.
USCIS distinguishes between two categories based on how long the marriage has existed at the time of approval. If the marriage is less than 2 years old, the applicant receives a conditional green card (CR1 for spouses of citizens, CR6 for spouses of LPRs). If the marriage has lasted 2 years or more, the applicant receives a permanent 10-year green card (IR1/IR6). This distinction matters because conditional residents must take an additional step to remove the conditions before the card expires.
You can find official information on the USCIS Green Card for Spouses page and the Form I-485 page.
To qualify for a marriage-based green card, several conditions must be met:
Same-sex marriages are treated identically to opposite-sex marriages under US immigration law, following the Supreme Court's 2013 ruling in United States v. Windsor. This applies even if the marriage would not be recognized in the applicant's home country.
Adjustment of Status is the pathway for applicants who are already in the United States on a valid visa. This is generally the faster and more convenient option because the applicant does not need to leave the country.
The steps are:
Current processing time: approximately 8-14 months for most field offices.
For applicants living outside the United States, consular processing is the required pathway. The case goes through USCIS, then the National Visa Center (NVC), and finally the US embassy or consulate in the applicant's country.
Current processing time: approximately 14-24 months from start to finish.
Gathering the right documents is where many applicants slow down. Missing or incomplete paperwork is the most common cause of delays. Here is what you need:
| 项目 / Item | 费用 / Cost | 说明 / Notes |
|---|---|---|
| Form I-130 | $535 | 由公民/LPR配偶支付 |
| Form I-485 (AOS) | $1,225 | 含$85生物识别费;含I-765和I-131 |
| Form I-751 (移除条件) | $680 | 条件绿卡到期前90天提交 |
| 体检 (Medical Exam) | $200-$500 | 由USCIS指定医生完成 |
| 翻译费 (Translations) | $50-$200 | 非英文文件需认证翻译 |
| 律师费 (Attorney Fees) | $3,000-$8,000 | 可选但建议复杂案件使用 |
| 总计 (不含律师) | ~$2,640-$3,560 | 含I-751 |
Official fee information is available on the USCIS Filing Fees page.
If your marriage was less than 2 years old when the green card was approved, you received conditional permanent resident status. Conditional green cards are valid for exactly 2 years and cannot be renewed. Instead, you must file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day window before the card expires.
The I-751 filing requires evidence that the marriage was entered in good faith and not for immigration purposes. Strong evidence includes:
If you divorce before the I-751 is filed, you can request a waiver of the joint filing requirement. You will need to prove the marriage was bona fide despite its end. This is more complex and benefits from legal representation. See the USCIS Form I-751 page for official guidance.
The marriage green card interview is conducted by a USCIS officer for AOS cases, or a consular officer for consular processing. Both spouses attend. The officer's job is to confirm the marriage is real and the application is accurate.
Officers are trained to identify inconsistencies. Small disagreements about who pays which bill or how you split household chores are normal. What raises red flags is when spouses cannot describe their own apartment, disagree on the wedding date, or give rehearsed-sounding answers to routine questions.
| 阶段 / Stage | AOS (境内) | Consular (境外) |
|---|---|---|
| I-130 提交 | Month 0 | Month 0 |
| I-130 批准 | Month 3-5 | Month 12-18 |
| 生物识别 | Month 2-4 | N/A |
| NVC 阶段 | N/A | Month 14-18 |
| 面谈 | Month 8-14 | Month 18-24 |
| 收到绿卡 | Month 9-15 | Month 19-25 |
For adjustment of status (applicant already in the US), the process typically takes 8-14 months. For consular processing (applicant abroad), expect 14-24 months from I-130 filing to green card in hand. Processing times depend on the USCIS field office, embassy workload, and whether any Requests for Evidence (RFEs) are issued.
If you have been married less than 2 years when the green card is approved, you receive a conditional green card valid for 2 years (CR1). You must file Form I-751 to remove conditions within the 90-day window before expiration. If married 2+ years at approval, you get a permanent 10-year green card (IR1) with no conditions to remove.
Yes. If you file Form I-765 (Employment Authorization Document) concurrently with your I-485, you can receive a work permit within 4-8 months. There is no additional filing fee — the I-765 fee is covered by the I-485 fee when filed together.
Denials happen. Common reasons include insufficient evidence of a bona fide marriage, prior immigration violations, or errors on the forms. You can file a motion to reopen or appeal within 33 days of the denial. An immigration attorney can evaluate your options and help you refile with stronger evidence.
USCIS does not require you to have legal representation. Many couples file successfully on their own for straightforward cases. However, if your situation involves prior visa overstays, criminal history, prior denials, or a divorce waiver for I-751, working with an immigration attorney reduces the risk of mistakes that could cost months or years.
The sponsor must demonstrate income at or above 125% of the Federal Poverty Guidelines. For a household of two in 2026, this is approximately $24,650. If the sponsor's income falls short, they can use assets to make up the difference or add a joint sponsor who meets the requirement independently.
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