Marriage Green Card: Guide for 2025

Immigrating to the United States is a complicated process that intimidates numerous foreign nationals.  There are several pathways to immigrate to the United States, including family-based petitions, employment-based categories, humanitarian protections, and others such as the diversity visa lottery and investment-based green cards.  Obtaining a green card for a foreign spouse is a fundamental family-based method to immigrate.  Having a basic understanding of this method before beginning will greatly increase your chances of success and it will also help manage your expectations. 

Filing the I-130

Obtaining a green card through marriage requires the filing of a Form I-130 with USCIS.  The U.S. citizen or lawful permanent resident (LPR) spouse is the “petitioner” and the person who is seeking to become a green card holder through marriage is the “beneficiary.”  The amount of time it takes for the beneficiary to receive a green card depends on a variety of factors, including whether the petitioner is a green card holder or a U.S. citizen, where the beneficiary is physically (geographically) located, and the USCIS office that adjudicates the Form I-130, among others.   While USCIS posts general processing times for its forms and adjudications, the process can take anywhere from several months to over a year, depending on the petitioner’s status, the beneficiary’s location, and USCIS or consular processing times.

Included in the filing of the I-130, petitioners and beneficiaries must submit evidence to establish their identities through biographical documentation, such as a birth certificate or passport; that they are free to marry each other, meaning any prior marriages have ended through processes such as divorce or death; and that the marriage between the beneficiary and petitioner is valid in the location in which it occurred, even if outside the United States.  The petitioner must also provide proof of either U.S. citizenship or LPR status, which can be done through a U.S. birth certificate, passport, or green card.  For more information about filing an I-130, visit USCIS’s website.

After I-130 Approval

While an approved Form I-130 is a necessary first step for a spousal based green card, it is insufficient to complete the process.  The next step is to either file to adjust status (if you are in the United States) or to apply for and receive an IR1 or F2A immigrant visa from a U.S. embassy or consulate abroad (consular processing).  There is also a third possibility for certain beneficiaries inside the United States.  These beneficiaries may file their Form I-130 concurrently with a Form I-485 Adjustment of Status (green card) application.  However, these beneficiaries must be aware that in a concurrent filing, if the I-130 is denied, the I-485 will also be denied.  The benefit of concurrent filing is that if the I-130 is approved, the beneficiary may receive a green card faster because the I-485 has already been filed and is ready for adjudication.  The less risky but more time-consuming option for beneficiaries inside the United States is to wait until after the I-130 petition is approved before submitting the I-485.  Beneficiaries of LPR petitioners, as opposed to U.S. citizen petitioners, must also be mindful of their priority date. Concurrent filing is available for spouses of U.S. citizens, as they are considered immediate relatives. For spouses of green card holders, concurrent filing is only possible if a visa is available under the F2A category, based on the Visa Bulletin.

The amount of time it takes to apply, interview, and receive an IR1 or F2A visa will depend on the processing times of the individual embassy or consulate where the beneficiary applies.  Spouses of U.S. citizens will process faster because they are considered “immediate relatives,” whereas spouses of green card holders will have to monitor the Department of State’s visa bulletin to track when a visa in the F2A category for the beneficiary’s country of origin is available.  Tracking this information is also important for U.S.-based beneficiaries of LPR petitioners who are interested in filing concurrently. 

The amount of time USCIS will take to adjudicate the Form I-485 will depend on the location inside the U.S. where it is filed and current processing times.  Similarly, the spouses of green card holders (as opposed to U.S. citizens) will likely have to wait additional time before their I-485 is approvable, as an immigrant visa must first become available for their country of origin.

During the in-person interview for either the I-485 or consular processing, a federal officer will ask questions about the timeline and legitimacy of the petitioner and beneficiary’s relationship.  The officer will also review the petitioner’s ability to financially support the beneficiary to ensure that the beneficiary will not require public assistance if granted LPR status.  If the I-485 is approved, a beneficiary will receive a green card.  Alternatively, once a beneficiary enters the U.S. using the IR1 or F2A immigrant visa, the beneficiary will be considered a permanent resident.

Conditional Permanent Residents

There are a few additional steps that petitioners and beneficiaries must be aware of if their marriage to each other is new.  Specifically, if the petitioner and beneficiary have been married less than two years at the time the I-485 is approved or at the time the beneficiary enters the United States using their immigrant visa, the beneficiary will become a “conditional” permanent resident.  Conditional permanent residency, called CR1 in consular processing, simply means that the residency is not yet permanent and there are additional conditions that must be met before the residency can become permanent. A conditional resident’s green card will expire two years from the date they obtain conditional permanent residence. Therefore, prior to the expiration of the two-year conditional residency, such beneficiaries must apply to remove the conditions of their permanent residency by filing a Form I-751.  The I-751 is generally considered to be a “joint filing” in which the petitioner and beneficiary prove the continuing legitimacy of their marriage together.  If couples do not file an I-751 to remove the conditions, the beneficiary may lose LPR status.  There may be circumstances in which a beneficiary may seek removal of conditions to their green card even in the absence of the petitioner in the Form I-751 process.  For instance, beneficiaries may obtain waivers in instances of petitioner death, abuse, or divorce, assuming the marriage had been entered into in good faith and not for the purpose of evading immigration laws.  Whether filing jointly or seeking a waiver of the joint filing, USCIS will need to see evidence of the legitimacy of the marriage.  

Changes in Marital Status 

While there is no hard and fast rule as to how much time a beneficiary of a spousal based green card must wait before they may file for a new spouse, such as in cases where the original petitioner and beneficiary divorce, USCIS will always scrutinize the facts and timeline of both the first and current marriage to ensure that neither were entered into for the purposes of evading immigration laws. While there is no law requiring a specific waiting period before petitioning for a new spouse, USCIS may closely scrutinize cases where a green card holder quickly remarries and files a new petition. Some practitioners suggest waiting several years, such as five, to avoid suspicion of marriage fraud.

Summary

To summarize, the steps in obtaining a spousal-based green card are as follows:

1. The petitioner files a Form I-130 on behalf of the beneficiary spouse and includes documentation supporting the marriage, the parties identities, and the petitioner’s status as a U.S. citizen or LPR.  The petitioner must select whether the beneficiary will process an I-485 in the U.S. or consular process abroad;
2. Assuming the U.S. citizen petitioner and beneficiary did not concurrently file the I-130 and I-485 together, then once the I-130 is approved, the beneficiary files an I-485 or applies for an IR1 immigrant visa.  If the I-130 is approved and the petitioner is an LPR, the beneficiary will wait until the Department of State’s visa bulletin indicates their F2A category of visa and country are current to file either an I-485 or apply for an immigrant visa.  Whether in or outside the U.S., the petitioner must include an affidavit of (financial) support for the beneficiary; and
3. Petitioners and beneficiaries married for two years or less at the time of their adjustment of status approval date will need to remove conditions on the beneficiary’s residency by filing a Form I-751 with USCIS.

While it’s possible to apply for a marriage-based green card without legal assistance, the process can be complex. Working with an experienced immigration attorney can help avoid costly delays, ensure accurate filings, and provide guidance in tricky situations. Petitioners and beneficiaries must be aware that inadvertent errors and oversights in this process can result in long-term consequences. Additionally, complex cases may require more attention and precision.

If you’re applying for a marriage-based green card — or supporting a spouse through the process — Ashoori Law is here to help. Schedule a consultation today to learn how we can support your case.