Green card through marriage (I-130/I-485)

A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident (LPR) to obtain permanent residency in the United States.

30 steps across 4 sections

1. Eligibility

  • U.S. citizen spouses Can petition for spouse as an "immediate relative" with no visa number wait.
  • LPR spouses Can petition under the F2A family preference category; must wait for visa availability per the monthly Visa Bulletin.
  • The marriage must be legally valid and entered into in good faith (not solely for immigration benefits).
  • The petitioner must meet income requirements (125% of federal poverty guidelines) to file the Affidavit of Support (Form I-864).
  • The beneficiary must be admissible to the United States or eligible for a waiver of inadmissibility.

2. Steps Process

  • File Form I-130 (Petition for Alien Relative) with USCIS to establish the spousal relationship.
  • Concurrent filing of Form I-485 (if eligible): Immediate relatives of U.S. citizens already in the U.S. can file I-485 simultaneously with I-130.
  • File ancillary applications: Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole travel document) can be filed alongside I-485.
  • Attend biometrics appointment: Typically scheduled 3-6 weeks after filing for fingerprinting and photographs.
  • Receive EAD/AP combo card: Usually issued within 3-5 months, allowing work and travel while I-485 is pending.
  • Complete medical examination: Form I-693 from a USCIS-designated civil surgeon; must be sealed and included with initial filing per 2025+ rules.
  • Attend USCIS interview: Both spouses appear for an in-person interview at a local USCIS field office to verify the bona fides of the marriage.
  • Receive decision: Approval results in a green card (conditional 2-year card if married less than 2 years at approval; otherwise, 10-year card).
  • Remove conditions (if applicable): File Form I-751 jointly within the 90-day window before the conditional card expires.

3. Documents Needed

  • Valid passports for both spouses
  • Marriage certificate (certified copy)
  • Proof of any prior marriages terminated (divorce decrees, death certificates)
  • Evidence of bona fide marriage (joint bank accounts, lease/mortgage, photos, affidavits from friends/family)
  • Birth certificates for both spouses
  • Form I-864, Affidavit of Support, with tax returns, W-2s, and pay stubs
  • Petitioner's proof of U.S. citizenship or LPR status
  • Passport-style photographs (2x2 inches)
  • Form I-693 sealed medical examination
  • Police clearance certificates (if applicable)

4. Timeline

  • U.S. citizen spouse (concurrent filing) 12-18 months from filing to green card.
  • U.S. citizen spouse (consular processing) 12-24 months.
  • LPR spouse 24-33+ months due to visa backlog wait times.
  • Biometrics appointment: 3-6 weeks after filing.
  • EAD/AP card: 3-5 months after filing.
  • Interview: 8-14 months after filing (varies by field office).

Common Mistakes

  • Not filing the medical exam (I-693) with the initial package
  • Using outdated form editions
  • Insufficient evidence of bona fide marriage
  • Missing the I-751 conditional removal deadline
  • Not disclosing prior immigration violations

Pro Tips

  • File concurrently whenever possible
  • Prepare thoroughly for the interview
  • Keep copies of everything
  • Track your case online
  • Consider filing I-765 and I-131 together

Sources

Related Checklists