How to Get a Green Card by Marriage

Husbands and wives (spouses) of U.S. citizens and permanent residents are eligible to apply for a U.S. green card by marriage. There are two different application process for spouses living in the U.S. and spouses living abroad.

Steps to Get a Green Card by Marriage

If the applicant lives in the U.S.:

1File Form I-130, Petition for Alien Relative and Form I-485, Application to Adjust Status.

Form I-130 is to be completed by the U.S. sponsor on behalf of the applicant. The I-485 application is to be completed by the applicant.

If the applicant is married to a U.S. citizen, they can file both forms together (concurrent filing). If the applicant is married to a U.S. permanent resident, they must wait to file Form I-485 until the I-130 petition is approved.

Include with the application package:

2Attend green card interview

Once the applications are approved, the USCIS will contact the couple to attend a green card interview.

3Receive a green card in the mail

If the interview goes well, the applicant will become a U.S. permanent resident and receive their green card in the mail.

f the marriage is less than two years old at the time Form I-130 is filed, the applicant will receive a conditional green card, valid for two years. After two years, the applicant can apply to have the "conditions of residence" removed and will receive a 10-year green card.

If the applicant lives outside the U.S.:

1File Form I-130, Petition for Alien Relative.

The U.S. sponsor files Form I-130 on behalf of the applicant and mails to USCIS. They should include the following documents with the application:

2Pay visa application fees.

If the I-130 petition is approved, the National Visa Center (NVC) will send directions of how to pay the application fees. The fee for the I-130 petition is $420. The fee for the immigrant visa application is $230.

3Submit documents to the NVC.

After the fees are paid, the applicant will receive a letter from the NVC requesting the following documents:

4Attend visa interview.

The applicant will attend a visa interview at the nearest U.S. embassy or consulate in their home country.

5Receive immigrant visa and travel to U.S.

If the applicant is approved for a green card, they will receive an Immediate Relative Visa (IR-1).

6Receive green card in the mail.

Once in the U.S., the applicant will officially be a permanent resident and be mailed a green card within 30 days of their arrival.

If the marriage is less than two years old at the time Form I-130 is filed, the applicant will receive a conditional green card, valid for two years. After two years, the applicant can apply to have the "conditions of residence" removed and will receive a 10-year green card.