The marriage green card, explained
A marriage green card gives the spouse of a U.S. citizen or green card holder permanent residence. There are two routes — adjustment of status inside the U.S. or consular processing abroad — and in 2026 both demand strong proof of a real marriage, careful forms, and an in-person interview. This guide walks you through all of it.
These are our base flat fees. They cover a standard case, start to finish, quoted in writing before you commit. More complex matters — and Stokes interviews, or attorney travel outside the NYC metro area or South Florida — are quoted separately. Government filing fees are set by USCIS and the State Department and are not included. Through a consulate instead, including the DS-260, the fee is $5,500.
Who qualifies for a marriage green card
You may qualify if you are legally married to a U.S. citizen or a lawful permanent resident, the marriage is genuine — entered into to build a life together, not to get an immigration benefit — and you are not blocked by an inadmissibility ground such as certain immigration violations or criminal history. Same-sex marriages qualify on exactly the same terms as any other marriage.
Which category you fall into matters, because it shapes how fast your case can move:
Married to a U.S. citizen. You are an "immediate relative." There is no annual cap and no waiting line for a visa number — the only wait is government processing itself. Immediate relatives also keep some forgiving rules in adjustment of status cases, such as tolerance for certain periods of overstay after a lawful entry.
Married to a green card holder (LPR). You are in the F2A preference category, which is subject to annual limits. Here is genuinely good news: under the August 2026 Visa Bulletin, F2A is current on the Dates for Filing chart, and USCIS is honoring that chart — meaning spouses of green card holders can generally file the I-485 right away rather than waiting years for a visa number. See our Visa Bulletin guide and family preference categories page for how the charts work.
Not married yet? If your partner is a U.S. citizen and you are abroad, compare the K-1 fiancé(e) visa against marrying first — our K-1 vs. CR-1 comparison lays out the trade-offs honestly. (For planning purposes: the I-129F fiancé(e) petition averages about 11.5 months as of July 2026 — check current USCIS times — and a K-1 entrant then completes adjustment of status after the wedding.)
The two paths: adjustment of status vs. consular processing
Every marriage green card starts with Form I-130, the family petition that proves the qualifying relationship. What happens next depends on where the immigrant spouse is:
Adjustment of status
For spouses already in the U.S. after a lawful entry. You file the I-130 and Form I-485 together (usually in one package), attend biometrics and an interview at a local USCIS office, and receive the green card without leaving the country. Work permit and travel document can be requested alongside. How adjustment works →
Consular processing
For spouses abroad. After USCIS approves the I-130, the case moves to the National Visa Center, you file the DS-260 and civil documents, and the spouse interviews at a U.S. consulate. They enter the U.S. as a permanent resident. How consular processing works →
Not sure which fits?
The right path depends on how the immigrant spouse entered, where you both live, work and family obligations, and any complications like prior overstays. Our adjustment vs. consular guide compares them in depth, or take our free eligibility check.
A quick word on entry: adjustment of status generally requires that the immigrant spouse was inspected and admitted or paroled into the U.S. If your spouse entered without inspection, or has accrued significant unlawful presence and would process abroad, the case may involve a waiver — see our pages on unlawful presence and the I-601A provisional waiver. Do not guess on this; the wrong move can trigger a multi-year bar.
Forms and government fees (2026)
These are the current USCIS and Department of State fees for a typical marriage case. Since October 28, 2025, USCIS accepts electronic payment only — no more paper checks or money orders.
| Form | What it does | Government fee |
|---|---|---|
| I-130 | Family petition — proves the marriage | $675 paper / $625 online |
| I-485 | Adjustment of status (green card application in the U.S.) | $1,440 ($950 for a child under 14 filing with a parent) |
| I-765 | Work permit while adjustment is pending | $260 when filed with I-485 |
| I-131 | Advance parole travel document | $630 |
| I-864 | Affidavit of support | $0 (plus $120 NVC review fee in consular cases) |
| DS-260 | Immigrant visa application (consular path) | $325 |
| USCIS Immigrant Fee | Card production after a consular visa | $235 |
| I-751 | Removing conditions later, if the card is conditional | $750 |
Add it up and government fees run roughly $3,005 for a typical adjustment package (I-130 + I-485 + I-765 + I-131) and roughly $1,355 for a typical consular case (I-130 + DS-260 + NVC review + Immigrant Fee). Our attorney fees are flat and quoted up front — see pricing.
One fee-adjacent requirement deserves its own sentence: the I-864 affidavit of support. The petitioning spouse must sign it in every marriage case, promising the government that the immigrant won't need public benefits, and must show income above the required threshold. If the petitioner's income falls short, a joint sponsor — often a relative or close friend — can sign a second I-864. Line this up early; sponsor problems are among the most common causes of delay.
The 2026 climate: what has changed
Marriage cases are being decided in a stricter environment than a few years ago, and pretending otherwise doesn't help anyone. Three shifts matter most:
Adjustment is expressly discretionary. USCIS policy memo PM-602-0199 (May 21, 2026) makes clear that officers may weigh discretion in every adjustment case — meaning a technically eligible applicant can still be refused if negative factors outweigh positive ones. Positive equities matter: clean records, tax compliance, community ties, honest and consistent filings. This is a real reason to present your case well the first time.
Interviews are near-universal. The Department of State rolled back most interview waivers effective September 2, 2025, and USCIS is interviewing marriage-based adjustment applicants almost across the board. Plan for an interview; prepare for it. Our interview guide covers exactly what to expect.
Social media disclosure. The DS-160 and DS-260 now require five years of social media handles, and since March 30, 2026, K visa applicants must set their accounts to public. Consistency between what you file and what you post is part of the record now.
Proving the marriage is real
The single most important part of any marriage case is bona fide marriage evidence: proof that you share a life, not just a certificate. Officers give the most weight to financial commingling (joint accounts, taxes, insurance, beneficiary designations), shared residence, and children together — and less weight to photos and text messages standing alone. Long-distance and other unconventional-but-real marriages can absolutely be documented; they just take more deliberate work.
We built a full page on this because it decides cases: what evidence carries weight, what's filler, and how to organize the package. If your case draws extra scrutiny, read our page on responding to marriage fraud allegations — the stakes there are permanent, and early counsel matters.
A man in his thirties at the kitchen table with his U.S.-citizen wife, both leaning over a laptop and a folder of documents, working through their I-485 package together in warm morning lightMGC-CASE-1
A husband arriving at a U.S. airport with luggage, greeted by his wife at the arrivals gate; both emotional, immigrant-visa envelope tucked under his armMGC-CASE-2
A couple in their thirties sitting side by side in a waiting-room chair row, dressed neatly, a labeled document folder on his lap, quietly reassuring each other before being called inMGC-CASE-3
Three ways a marriage case actually looks — adjusting here, arriving from abroad, and interview day.
The interview
Whether at a USCIS field office (adjustment) or a U.S. consulate (consular processing), expect questions about how you met, your daily life, finances, and future plans. In New York especially, couples whose answers raise doubts can be called back for a Stokes interview — spouses questioned separately and answers compared. An attorney can attend USCIS interviews with you, and preparation is the difference between a stressful hour and a routine one. Full details: the marriage green card interview.
One timing trap worth flagging: a medical exam (Form I-693) signed on or after November 1, 2023 is valid only while the application it supports is pending — so coordinate the medical exam with your filing rather than doing it far in advance.
Conditional residence and the I-751
If your marriage is less than two years old on the day residence is approved, you receive a conditional two-year green card, not a ten-year one. Ninety days before it expires, you and your spouse jointly file Form I-751 ($750) with updated evidence that the marriage is still real. As of July 2026, I-751 processing runs roughly 32–39 months — check current USCIS times — and USCIS issues 48-month extension letters so your status and work authorization continue while it's pending. If the marriage ends before then, a divorce waiver may be available.
How long does it take?
Honest answer: it varies by office and consulate, and posted times shift. As of July 2026 — always check current USCIS processing times — marriage-based adjustment commonly runs 12–24 months from filing to decision, and NVC document review in consular cases averages about 44 days once your documents are in. Filing a complete, well-documented case is the best speed strategy there is; if your case stalls far beyond posted times, see our guide to USCIS delays or the tracking tools at uscisdelay.com.
While adjustment is pending, most applicants can work (the C09 work permit is now issued with 18-month validity) and travel with advance parole — though travel decisions deserve legal advice first, especially with any immigration history.
After the green card: citizenship
A spouse of a U.S. citizen can typically apply for naturalization after three years as a resident (instead of the usual five), if still married and living with the citizen spouse. The N-400 fee is $760, or $710 online. It's worth planning for from day one, because the same evidence habits that win the green card make citizenship straightforward.
What to do next
Start by confirming your path: if your spouse is in the U.S. after a lawful entry, read adjustment of status; if abroad, read consular processing and the CR-1/IR-1 spouse visa page. Then gather bona fide evidence early — it takes longer than the forms do. If anything in your history is complicated (entries, overstays, arrests, prior petitions), talk to an attorney before filing anything. We handle these cases every day, in English, Russian, Spanish and Uzbek — and in any other language through live translation, for a flat fee quoted up front.
Common questions
Can we file the I-130 and I-485 together?
Usually yes, if the immigrant spouse is in the U.S. after a lawful admission or parole. Spouses of U.S. citizens can always file concurrently; spouses of green card holders can file when F2A is current on the chart USCIS is honoring — which, under the August 2026 Visa Bulletin, it is on the Dates for Filing chart. Concurrent filing also lets you request the work permit and travel document in the same package.
Does it matter that we married less than two years ago?
Only for the type of card you receive. If the marriage is under two years old when residence is approved, the card is conditional (two years), and you file Form I-751 ($750) in the 90 days before it expires to remove conditions. The path and the evidence expectations are otherwise the same.
My spouse is a green card holder, not a citizen. How different is our case?
The forms are largely the same, but you are in the F2A preference category rather than an immediate relative, so a visa number must be available. Right now F2A is current on the Dates for Filing chart and USCIS is honoring it, so many F2A spouses in the U.S. can file the I-485 immediately. If your spouse naturalizes mid-case, you convert to immediate relative — often a helpful upgrade.
Will we definitely have an interview?
Plan on it. USCIS interviews marriage-based adjustment applicants nearly universally, and the State Department rolled back most consular interview waivers effective September 2, 2025. An interview is not a bad sign — it is simply how these cases are decided now. Preparation, not luck, is what makes it go smoothly.
How much does the whole process cost?
Government fees total roughly $3,005 for a typical adjustment package and roughly $1,355 for a typical consular case, paid electronically (USCIS is electronic-payment only since October 28, 2025). Attorney fees are separate; ours are flat and listed on our pricing page, so you know the full number before you commit.
What's the fastest way to get this done?
File once, file complete. Most avoidable delay comes from RFEs, missing documents, and inconsistent answers — not from USCIS moving unusually slowly on a clean case. Front-load your bona fide evidence, coordinate the medical exam with filing, and answer every question consistently across every form. And if the September 18, 2026 public-charge change affects you, filing before that date locks in the current standard.
Get a straight answer about your marriage case
Tell us your situation and we'll tell you the realistic path, the real costs, and what could go wrong — before you pay anyone anything.