Who qualifies for a green card through marriage?

Your marriage must be legally valid and bona fide. Bona fide means that you married in good faith to build a life together, not to get around immigration law.

  • Spouse of a U.S. citizen: immediate relative (State Department visa code IR1 or CR1). Immigrant visas for immediate relatives have no annual limit.
  • Spouse of a permanent resident: F2A preference category. The law limits these visas each year. Your place in line is your priority date, the date your spouse properly files Form I-130.

What evidence proves a real marriage?

Your spouse files Form I-130 with Form I-130A. The petitioner must prove the marriage, generally by a preponderance of the evidence. Evidence can include:

  • Your marriage certificate and proof that each prior marriage ended
  • Joint ownership of property, or a lease for a home you share
  • Proof that you combine your finances
  • Birth certificates of children you have together
  • Sworn statements from people who know your marriage, with the identity details that USCIS asks for
  • A full, certified English translation of each document in another language

Inside the United States or abroad: how does the process work?

If you are in the United States, you can apply with Form I-485 to adjust status. You must show that an officer inspected and admitted or paroled you. A spouse of a U.S. citizen can file Form I-130 and Form I-485 together.

File Form I-864, Affidavit of Support, and Form I-693, the civil surgeon's medical report, with your I-485. If Form I-693 is missing, USCIS may reject the I-485. You can also file Form I-765 for a work permit and Form I-131 for advance parole.

If you live abroad, USCIS sends the approved I-130 to the National Visa Center (NVC). The NVC collects fees and documents. A consular officer then interviews you and decides on the immigrant visa.

USCIS interviews each adjustment applicant unless it waives the interview. In family cases, the petitioner generally must attend with the applicant.

How much does it cost and how long does it take?

Processing times vary by form and office, so check the USCIS processing times tool. The State Department charges its own visa fees.

USCIS fees as of October 2026 (Form G-1055, edition 10/16/26):

  • Form I-130: $675 on paper or $625 online
  • Form I-485: $1,440 on paper or $1,390 online (online filing only for certain applicants)
  • Form I-765, if you filed Form I-485 with a fee on or after April 1, 2024: $260. The H.R. 1 (Pub. L. 119-21) fees on Form I-765 apply to other categories, such as asylum, parole, and TPS.
  • Form I-131 advance parole, with a pending I-485: $630 on paper or $580 online
  • H.R. 1 Immigration Parole Fee: $1,050 when DHS grants parole, unless an exception applies. One exception covers an adjustment applicant who returns from temporary travel abroad.
  • Form I-864 and Form I-693: $0 USCIS fee. The civil surgeon sets the exam fee.
  • USCIS Immigrant Fee after consular processing: $235
  • Form I-751: $750 on paper or $700 online

What is conditional residence and Form I-751?

If your marriage is less than 2 years old on the day you become a permanent resident, you get a 2-year conditional card. You and your spouse file Form I-751 together in the 90 days before it expires. A proper filing extends the card for 48 months.

If you do not file in time, your conditional status ends and USCIS sends a Notice to Appear. If a good-faith marriage ended in divorce, you can file alone and ask USCIS to waive the joint filing.

What problems can stop a marriage case?

  • Entry without inspection: you generally cannot adjust status and must apply abroad.
  • Unlawful presence: more than 180 days, followed by a departure, can trigger a 3-year or 10-year bar. Before you leave, Form I-601A, a provisional waiver ($795 as of October 2026), can help. You must show that a refusal of your admission would cause extreme hardship to a U.S. citizen or permanent resident spouse or parent.
  • Overstay or work without permission: these bars do not apply to immediate relatives. Spouses of permanent residents generally must show they kept a lawful status.
  • Marriage during removal proceedings: the petitioner must prove a bona fide marriage by clear and convincing evidence.
  • A denial: USCIS issues a Notice to Appear if you are not lawfully present after the denial.

What changed in 2025 and 2026?

These rules apply today. Several are in court and can change, so get a review of your case.

  • May 21, 2026: memo PM-602-0199 calls adjustment of status extraordinary relief. Officers weigh a failure to depart or a status violation.
  • Aug. and Oct. 2025: the petitioner must prove a bona fide marriage before USCIS approves Form I-130. Some cases need an interview, such as a prior spousal petition.
  • Aug. 5, 2026: officers may deny a filing that lacks required initial evidence without a Request for Evidence.
  • Sept. 18, 2026: a new public charge rule applies. Use the 09/18/26 edition of Form I-485. USCIS can consider any means-tested benefit received from that date.
  • Jan. 1, 2026: Proclamation 10998 suspends immigrant visas for nationals of listed countries, such as Cuba, Haiti, and Venezuela. The former exception for spouses of U.S. citizens no longer applies.
  • June and Aug. 2026: courts vacated and enjoined USCIS holds (PM-602-0192, PM-602-0194) on cases of nationals of those countries. A re-review of some approvals can continue.
  • Aug. 13, 2026: travel on advance parole now counts as a departure for the unlawful presence bars.
  • Aug. 21, 2026: a court order ended the State Department pause on immigrant visas for nationals of 75 countries, such as Colombia.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. We review your entry history, choose the filing path, plan the evidence, and prepare your forms. We answer Requests for Evidence, prepare you for the interview, and file Form I-751 when it is due. We work in English and Spanish.

Step by step

  1. Build the evidence

    Collect civil documents, proof that prior marriages ended, and proof of a shared life.

  2. File the petition

    Your spouse files Form I-130 with Form I-130A. If you qualify, you can file Form I-485 at the same time.

  3. Complete the next stage

    In the United States, attend biometrics and answer any Request for Evidence. Abroad, send fees and documents to the NVC.

  4. Attend the interview

    Go to the USCIS or consular interview, with your spouse if the notice says so.

  5. Remove the conditions

    If you get a 2-year card, file Form I-751 with your spouse in the 90 days before it expires.

Frequent questions

Can I get a green card if I entered on a tourist visa and married a U.S. citizen?

Possibly. If an officer inspected and admitted you, an overstay alone does not bar a spouse of a U.S. citizen from adjustment. Under the May 2026 memo, the officer weighs how you used your visa, so get a review first.

What happens if my permanent resident spouse becomes a U.S. citizen?

You become an immediate relative, and a visa is immediately available. Tell USCIS if the I-130 is pending, or the NVC after approval.

Can I work while my Form I-485 is pending?

Yes, after USCIS approves your Form I-765, which you can file with the I-485. A work permit based on a pending I-485 is valid for up to 18 months.

Can I travel while my Form I-485 is pending?

Get advance parole with Form I-131 before you leave, or USCIS treats the I-485 as abandoned. After more than 180 days of unlawful presence, travel on advance parole can trigger the 3-year or 10-year bar.

Related

Official sources