Green Card Through Marriage: Requirements, Process, Fees, and Timeline

Fees after approval

Fee waivers under Form I-912 are not available for the I-130 (except for certain VAWA, T, and U applicants) and are not generally available for a standard family-based I-485. The 2025 reconciliation law (Public Law 119-21) added new statutory fees in asylum, parole, TPS, and related work permit categories; it did not add a new fee to the standard I-130 and I-485 marriage-based filing.

How Long Does a Marriage-Based Green Card Take?

No one can promise a processing time. USCIS publishes processing times by form and office at its Check Case Processing Times page, and those figures move month to month. The Department of State publishes visa appointment wait information by post. The realistic answer is that the timeline depends on which path you use, which USCIS field office or consulate handles the case, whether an RFE is issued, and, for F2A cases, the Visa Bulletin.

Adjustment of Status (spouse of a U.S. citizen, concurrent filing)

1. Filing to receipt notices: a few weeks.
2. Biometrics appointment: scheduled after receipt.
3. Work permit and advance parole decisions (if requested): decided while the I-485 is pending, on their own track.
4. Interview notice and interview at the local field office.
5. Decision and card production.

The USCIS processing time tool reports the I-485 time separately for each field office, and the I-130 time separately, so check both entries and the office that will handle your interview.

Consular processing (spouse of a U.S. citizen)

1. I-130 adjudication at a USCIS service center.
2. NVC fee payment, DS-260, and document collection, which depends partly on how quickly the couple submits documents.
3. Interview scheduling, which depends on appointment capacity at the specific post.
4. Visa issuance, travel, and admission.

Spouse of an LPR (F2A)

Add the Visa Bulletin wait. An F2A petition receives a priority date (the date USCIS receives the I-130). Each month, USCIS announces whether adjustment applicants may use the Visa Bulletin's "Dates for Filing" chart or must use the "Final Action Dates" chart. The spouse may file the I-485 only when the priority date is eligible under the chart USCIS designates for that month, and USCIS can approve the I-485 only when the priority date is current under the Final Action Dates chart. For consular cases, the NVC begins processing and the post can issue the visa according to the same charts. Chargeability is based on country of birth, not nationality.

Conditional Residence and Form I-751: What Happens After a Two-Year Green Card?

Under INA 216, if the marriage is less than two years old on the day permanent residence is granted, the immigrant spouse receives conditional permanent residence, and the green card is valid for two years. Conditional residents have the same rights as other permanent residents; the difference is that the status expires unless the condition is removed.

The 90-day filing window

The couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the second anniversary of the date conditional residence was granted (8 CFR 216.4(a)(1)). The clock runs from the "Resident Since" date on the card, not the marriage date or the I-485 filing date.

• Filing before the 90-day window opens results in rejection.
• If no petition is filed by the second anniversary, conditional resident status generally terminates automatically as of that date under INA 216(c)(2), and the person becomes subject to removal proceedings. USCIS may still accept a late joint petition if it is filed with a written explanation showing good cause and extenuating circumstances for the delay (8 CFR 216.4(a)(6)). Issuance of a Notice to Appear is not automatic, but a late filer should treat the situation as urgent.

When USCIS receives a timely I-751, it issues a receipt notice that extends conditional resident status for the period stated on the notice while the petition is pending. That receipt notice plus the expired card serves as proof of status for work and travel.

Filing without the spouse: waivers of the joint filing requirement

If the couple cannot file jointly, the conditional resident can request a waiver under INA 216(c)(4) on one or more of these grounds:

• The marriage was entered in good faith but has been terminated by divorce or annulment.
• The marriage was entered in good faith but the conditional resident or their child was battered or subjected to extreme cruelty by the citizen or LPR spouse (no filing fee applies for this waiver).
• Removal would result in extreme hardship.

A conditional resident whose divorce is not yet final faces a timing problem: the good-faith-marriage waiver requires a terminated marriage, and a joint petition requires a cooperating spouse. USCIS can issue an RFE for the final divorce decree in that situation, but the strategy needs to be planned in advance.

If the petitioning spouse died during the two-year period, the conditional resident can file the I-751 alone and request that the joint filing requirement be waived.

The ten-year card

If the marriage was already two years old on the approval date (for example, in a consular case with a long NVC wait, or an adjustment case with a long backlog), the spouse receives a ten-year card directly and never files an I-751.

What Changed in 2026? The Public Charge Rule and Current Filing Requirements

• The 2026 public charge final rule

In 2026, the Department of Homeland Security published a final rule rescinding the 2022 Public Charge Ground of Inadmissibility regulations that had governed adjustment cases since December 23, 2022. The 2026 rule removes the 2022 regulatory framework and returns public charge determinations to a broader, case-by-case exercise of discretion under the statute itself, INA 212(a)(4).

Marriage-based applicants are subject to the public charge ground. Under INA 212(a)(4)(B), the officer must consider at a minimum the applicant's age; health; family status; assets, resources, and financial status; and education and skills. Under INA 212(a)(4)(C), a family-based immigrant is inadmissible on public charge grounds unless a sufficient Affidavit of Support (Form I-864) is filed, regardless of any regulation.

Because the rule is new and its text is the controlling authority, this page does not paraphrase its operative provisions. Before filing, confirm from the Federal Register notice and the current Form I-485 instructions: the rule's effective date; whether it applies based on the date the I-485 is filed or the date of adjudication; how public benefits received before the effective date are treated; and whether any court has enjoined the rule in whole or in part. An attorney can tell you which framework governs a filing made on a particular date.

• Form editions and fee rules

USCIS publishes new editions of the forms used in marriage-based cases (including Forms I-130, I-485, I-864, and I-765) and announces the date after which it accepts only the new edition. In some cases there is no grace period. Under USCIS's stated rejection rules, a package filed on a superseded edition after the cutoff, or with an incorrect fee, is rejected and returned, which means it was never filed. For an F2A applicant whose status is about to expire, or an applicant whose priority date could retrogress, a rejection can cost more than the delay itself. Before mailing, compare the edition date printed in the footer of every page of every form against the edition date shown on the live USCIS form page, and compare every fee against the live G-1055.

• Adjustment of Status remains discretionary

INA 245(a) makes adjustment a discretionary benefit, and the USCIS Policy Manual directs officers to weigh the applicant's positive and negative factors. Applicants should present their equities (lawful entry, compliance with status, family ties, employment, community involvement) affirmatively in the filing. Any new USCIS policy guidance on the exercise of discretion in adjustment cases should be checked on the USCIS Policy Memoranda page before filing.

• Medical exam at filing (in effect since December 2, 2024)

Applicants required to submit Form I-693 must include it with the I-485 at filing. A properly completed I-693 signed by a civil surgeon on or after November 1, 2023 does not expire for use with a pending I-485, per USCIS policy.

Risks, Traps, and Edge Cases an Attorney Will Warn You About

Marriage during removal proceedings. Two separate rules apply. Under INA 204(g), USCIS cannot approve an I-130 based on a marriage entered while the beneficiary was in removal proceedings until the beneficiary has resided outside the United States for two years after the marriage, unless the couple qualifies for the bona fide marriage exemption in INA 245(e)(3). Under INA 245(e), a person who married during proceedings cannot adjust status on that marriage unless they establish by clear and convincing evidence that the marriage is bona fide and was not entered to obtain an immigration benefit. Two years abroad satisfies the petition rule in INA 204(g); it does not by itself satisfy INA 245(e), and a person who has spent two years abroad would ordinarily complete the case through consular processing rather than adjustment.

The five-year rule for LPRs who got their own card through marriage. Under INA 204(a)(2)(A), an LPR who obtained permanent residence through a prior marriage cannot petition for a new spouse until five years after obtaining that residence, unless the LPR proves by clear and convincing evidence that the prior marriage was bona fide and not entered to evade immigration law, or the prior marriage ended by death.

Prior marriage fraud finding. INA 204(c) bars approval of any subsequent petition for a beneficiary who was previously found to have attempted or conspired to enter a marriage for the purpose of evading immigration laws. This bar is permanent and has no waiver.

K-1 entrants can only adjust through the petitioning fiancé(e). Under INA 245(d), a person admitted on a K-1 visa can adjust status only on the basis of marriage to the U.S. citizen who filed the K-1 petition. If the K-1 entrant instead marries someone else, adjustment in the United States on that new marriage is not available. There is a distinction to understand: in Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), the Board of Immigration Appeals held that a K-1 entrant who married the original petitioner within the 90-day period may remain eligible to adjust on the K-1 basis even if that marriage later ends, subject to admissibility, the Affidavit of Support requirement, and the exercise of discretion.

Travel while the I-485 is pending. Leaving the United States with a pending I-485 without an approved advance parole document is treated as abandonment of the application under 8 CFR 245.2(a)(4)(ii), with limited exceptions for certain nonimmigrants in H-1B, L-1, K-3/K-4, or V status. Anyone who has accrued unlawful presence should also understand that departing, even with advance parole, can have consequences that need review before travel.

Unauthorized work by F2A applicants. Immediate relatives are excused from the INA 245(c)(2) and (c)(8) bars for unauthorized employment and status violations. Spouses of LPRs generally are not. Working without authorization before filing, or after status expires, can make an F2A applicant ineligible to adjust unless a separate statutory exception applies.

Death of the petitioning spouse. If a U.S. citizen petitioner dies, the surviving spouse can self-petition on Form I-360 as a widow(er) if the couple was married at the time of death and the surviving spouse files within two years of the death and has not remarried (INA 201(b)(2)(A)(i); 8 CFR 204.2(b)). A pending I-130 is converted to an I-360 automatically. If an LPR petitioner dies, the surviving spouse may be able to continue under INA 204(l) if they resided in the United States at the time of death and continue to reside here.

Divorce or separation during the case. For a pending I-130 or I-485, the marriage must exist at the time of adjudication. Legal separation does not end the marriage, but a final divorce before approval removes the marriage-based basis for both the petition and the application. After approval as a conditional resident, divorce moves the case into I-751 waiver territory, as discussed above.

Misrepresentation and the 90-day presumption. As explained in the Adjustment of Status vs. consular processing section, conduct inconsistent with a nonimmigrant status within 90 days of entry can support a presumption of willful misrepresentation under INA 212(a)(6)(C)(i). Misrepresentation is a permanent ground of inadmissibility. A waiver under INA 212(i) (Form I-601) requires a showing of extreme hardship to the applicant's U.S. citizen or lawful permanent resident spouse or parent; hardship to a child does not, by itself, qualify.

Public benefits and the Affidavit of Support. Sponsors should understand that the I-864 is a contract enforceable by the immigrant and by any agency that provides means-tested public benefits to the immigrant. It survives divorce and ends only when one of the statutory termination events in INA 213A occurs.

The stepchild age cutoff. A U.S. citizen can petition for a spouse's child only if the marriage occurred before the child's 18th birthday (INA 101(b)(1)(B)). A child who was 18 or older at the time of the marriage has no stepchild relationship for immigration purposes, and the child's path (if any) must be found elsewhere.

Children of an immediate relative spouse get no derivative status. Because immediate relatives have no derivatives, each qualifying child needs a separate I-130 and a separate I-485 or DS-260, with separate fees. A child under 14 who files an I-485 together with a parent pays a reduced I-485 fee under the USCIS fee schedule.

Inadmissibility discovered late. A criminal conviction, prior removal order, or prior overstay of more than 180 days followed by departure can each trigger a ground of inadmissibility. Some are waivable (Form I-601 or I-601A); some are not. Identifying the issue before filing allows the couple to choose the right path and prepare any waiver; discovering it at the interview can mean denial, a new filing, additional government fees, and months of delay.

From Green Card to U.S. Citizenship: The Three-Year Rule

A permanent resident who is married to a U.S. citizen may apply for naturalization under INA 319(a) after three years as a permanent resident, provided that during the three years immediately preceding the filing date they have been living in marital union with the same U.S. citizen spouse, and the spouse has been a citizen for all three years. The applicant must also have been physically present in the United States for at least 18 months of those three years, must have resided in the state or USCIS district of filing for at least three months, and must meet the good moral character, English, and civics requirements.

The timeline in practice:

1. Permanent residence granted. The "Resident Since" date on the green card starts the clock. Time as a conditional resident counts toward the three years (8 CFR 319.1(a)(1)).
2. I-751 filed in the 90 days before the second anniversary (if conditional).
3. N-400 filing. Under 8 CFR 334.2(b), the N-400 can be filed up to 90 days before the three-year residence requirement is met, as long as all other requirements are satisfied at filing.
4. Interview and oath. USCIS can adjudicate a pending I-751 alongside the N-400 if the I-751 is still pending when the N-400 comes up.

The marriage must continue through naturalization. Under 8 CFR 319.1(b)(2)(ii)(A), if the marriage ends by divorce or the citizen spouse's death before the applicant takes the Oath of Allegiance, the applicant is no longer eligible under INA 319(a) and must qualify instead under the five-year rule in INA 316(a). The three years of marital union are measured as of the filing date. A legal separation before filing breaks the marital union period. An informal separation, or a separation that occurs after filing, is evaluated case by case under 8 CFR 319.1(b)(2) and the USCIS Policy Manual (Volume 12, Part G, Chapter 3). Spouses of LPRs who did not become citizens use the five-year rule.

Frequently Asked Questions About Marriage-Based Green Card

• Can I apply for a green card if I married a U.S. citizen while on a tourist visa?
  You may be eligible for Adjustment of Status as an immediate relative if you were admitted on the visa and are otherwise admissible. The risk is intent: if you entered planning to marry and stay, USCIS can treat the entry as a misrepresentation. Marrying and taking up residence within 90 days of entry draws particular attention under the State Department's 90-day presumption, although the presumption can be rebutted. Review the facts with an attorney before filing.
• Can I work while my marriage-based I-485 is pending?
  You can work if you hold employment authorization from one of two sources: an Employment Authorization Document obtained by filing Form I-765 with your I-485 (a $260 fee as of September 24, 2026), once it is approved and in hand, or another status that independently authorizes work. Working without authorization while an immediate relative adjustment is pending does not bar approval under INA 245(c), but it can create problems in other contexts, and it generally does bar F2A applicants.
• Can I travel abroad while my I-485 is pending?
  Not without advance parole (Form I-131) unless you hold H-1B, L-1, K-3/K-4, or V status. Leaving without it is treated as abandoning the I-485. Even with advance parole, anyone with prior unlawful presence or other admissibility issues should get advice before departing.
• Does my spouse need to make a certain amount of money to sponsor me?
  The sponsor's household income generally must be at least 125 percent of the Federal Poverty Guidelines for the household size (100 percent for certain active-duty military sponsors), as shown on Form I-864P for the current year. If the sponsor falls short, a joint sponsor or qualifying assets can make up the difference.
• Do we both have to attend the green card interview?
  For Adjustment of Status, USCIS generally requires both the applicant and the petitioning spouse to appear when it schedules a marriage-based interview, because the officer is evaluating the marriage. USCIS may waive the interview under 8 CFR 245.6 in some cases, and the interview notice states who must attend. For consular processing, only the immigrant spouse is required at the visa interview, although some posts allow the petitioner to accompany.
• What happens if we divorce before the green card is approved?
  A final divorce removes the marriage-based basis for the I-130 and I-485, and the case cannot be approved on that marriage. Separation without a final divorce does not end the marriage, but the officer will examine whether the marriage was bona fide at inception and whether the couple is still in a marital relationship.
• What if my spouse and I live apart for work?
  Living apart does not by itself defeat a marriage-based case, but it increases the evidentiary burden. Document the reason for the separation (job, school, caregiving), regular visits, communication, and combined finances.
• Is there an income tax filing requirement for the sponsor?
  The I-864 requires the sponsor to submit their most recent federal tax return or IRS transcript, or an explanation of why they were not required to file. Sponsors who were required to file but did not should resolve that before submitting the I-864.
• My spouse is a green card holder. How long will I wait?
  As the spouse of an LPR, you are in the F2A category. You may file the I-485 only when your priority date is eligible under the Visa Bulletin chart USCIS designates for that month, and USCIS can approve it only when your priority date is current under the Final Action Dates chart. The wait depends on demand and your country of chargeability. If your spouse naturalizes, notify USCIS or the NVC; the case converts to immediate relative and the wait for a visa number ends.
• Can I get a green card through marriage if I entered the U.S. without a visa?
  Generally not through Adjustment of Status, because INA 245(a) requires inspection and admission or parole, unless you qualify under INA 245(i) or were paroled. Consular processing may be possible, but leaving the United States after accruing unlawful presence can trigger a three-year or ten-year bar under INA 212(a)(9)(B). Form I-601A allows some applicants to request a provisional waiver of that bar before departing. This requires individual legal analysis.
• How is a marriage green card different from a K-1 fiancé(e) visa?
  The K-1 is a nonimmigrant visa for a fiancé(e) abroad to enter the United States to marry a U.S. citizen within 90 days; the couple then files the I-485 after the wedding. A marriage-based case starts with a legally completed marriage and proceeds directly to the I-130. K-1 is available only to fiancé(e)s of U.S. citizens, not of LPRs.
• Do I get a two-year or ten-year green card?
  If your marriage is less than two years old on the date permanent residence is granted, you receive a two-year conditional card and must file Form I-751 in the 90 days before it expires. If the marriage is at least two years old on that date, you receive a ten-year card.
• When can I apply for U.S. citizenship after a marriage green card?
  If you have been living in marital union with your U.S. citizen spouse for the three years before filing and the marriage continues, you can file Form N-400 under INA 319(a) up to 90 days before completing three years as a permanent resident. If the marriage ends before the oath, or you do not meet the marital union requirement, the general five-year rule applies.
• Does the 2026 public charge rule affect my marriage-based case?
  The public charge ground in INA 212(a)(4) applies to marriage-based applicants regardless of which regulation is in force. The 2026 final rule rescinded the 2022 regulations and returned determinations to case-by-case discretion under the statute. A sufficient Form I-864 is required in every case. Confirm the rule's effective date and transition provisions against the Federal Register notice, or ask an attorney which framework governs your filing date.