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Green Card Through Marriage to a U.S. Citizen

By Vekyo Editorial Team · Last reviewed: October 3, 2026 · Not reviewed by a legal professional

Direct answer

Generally, the spouse of a U.S. citizen is an immediate relative, and USCIS states that visas for immediate relatives are unlimited, so there is no visa-number wait. The usual path is a Form I-130 petition followed by Form I-485 if the spouse is in the United States, or consular processing if the spouse is abroad.

Who this applies to

USCIS lists the spouse of a U.S. citizen among the immediate relatives, together with an unmarried child under 21 and the parent of a U.S. citizen who is at least 21. This guide covers the spouse of a U.S. citizen.[1]

It does not apply in the same way to the spouse of a lawful permanent resident. USCIS places spouses and unmarried children under 21 of permanent residents in family preference category F2A, where visa availability depends on a priority date. See the Visa Bulletin guide for how that comparison works.[9]

The process, step by step

  1. The U.S. citizen files Form I-130

    The petitioner files Form I-130, Petition for Alien Relative, to establish the qualifying relationship. USCIS states that filing or approval of the petition does not itself give the spouse any immigration status or benefit.

  2. The spouse applies for the green card

    A spouse who is inside the United States may file Form I-485 to adjust status. USCIS says the petition and the application may be filed concurrently or sequentially. A spouse who is outside the United States goes through consular processing instead.

  3. Supporting documents and medical exam

    USCIS lists passport photos, identity documents, birth and marriage certificates, a medical examination on Form I-693, police records and the Affidavit of Support on Form I-864 among the supporting documents.

  4. Decision

    USCIS decides an adjustment application. For consular processing, USCIS sends an approved petition to the National Visa Center, which collects fees and documents before a consulate schedules an interview.

Sources:[1], [2], [4], [7]

Inside the United States or abroad

Where the spouse is determines the route[6], [7], [4]
Spouse in the United StatesSpouse outside the United States
RouteAdjustment of statusConsular processing
Main applicationForm I-485Immigrant visa application at a U.S. consulate
After approvalUSCIS grants permanent resident statusThe spouse is admitted as a permanent resident by a CBP officer on arrival

The route can depend on more than location. The I-485 evidence checklist asks for documentation of inspection and admission or parole, so how a person entered the United States can matter. If that is unclear in your situation, consider speaking with an immigration attorney.[5]

Documents and evidence of a genuine marriage

The I-130 instructions require an original or certified copy of the marriage certificate, evidence that any prior marriages ended, evidence of the petitioner's citizenship, and passport-style photographs. For a spouse, USCIS also expects evidence that the marriage is genuine. The instructions give examples:[3], [2]

  • Joint bank accounts and other shared financial records
  • A lease or mortgage in both names
  • Birth certificates of children that name both spouses
  • Utility bills and insurance policies
  • Affidavits from people who know the couple

Sources:[3]

Documents in a foreign language must come with a certified English translation. USCIS also says not to send original documents unless it specifically requests them.[3], [5]

Marriages of under two years: conditional residence

USCIS states that a green card based on a marriage of under two years is conditional and valid for two years. To remove the conditions, the person must file Form I-751 within the 90-day period before the card expires. A conditional green card cannot be renewed, and if the conditions are not removed the person loses permanent resident status and becomes removable from the United States.[8]

Fees and timing

USCIS notes that certain forms, including Form I-485, have a filing fee, and that you must pay the correct fee for each form unless you are exempt or eligible for a fee waiver. Fees change, so use the USCIS fee schedule for the current amount.[1], [10]

Because immigrant visas for immediate relatives are always available, no priority-date wait applies to the spouse of a citizen. That says nothing about how long USCIS or a consulate takes to decide a case. This guide gives no processing times, because they change and the USCIS pages it draws on do not state a fixed figure.[1]

Common mistakes

  • Treating an approved Form I-130 as if it conferred status or work permission. USCIS states that it does not.
  • Sending original documents when copies are requested, or non-English documents without a certified translation.
  • Using an out-of-date fee for a form. Check the fee schedule at the time of filing.
  • For consular processing, failing to tell the National Visa Center about an address change, the child turning 21 or a change in marital status.

Sources:[2], [3], [5], [10], [7]

Special cases

The I-130 instructions describe circumstances in which a relative cannot be petitioned for, including restrictions tied to the timing of a marriage in some situations. If prior removal proceedings, an earlier marriage or an immigration violation is part of your history, read the instructions closely and consider legal advice before filing.[3]

What happens next

After filing, USCIS sends a receipt notice. A spouse who filed Form I-485 may also file Form I-765 for employment authorization and Form I-131 for a travel document at the same time; USCIS lists these as forms that can be filed together with the I-485.[2], [4]

  • I-130
  • I-485
  • I-693
  • I-864
  • I-751
  • I-765
  • I-131

Frequently asked questions

Can the I-130 and I-485 be filed at the same time?

USCIS says the Form I-130 petition and the Form I-485 application for an immediate relative may be filed concurrently or sequentially. Whether concurrent filing is open to a particular person depends on their situation.

Does an approved I-130 give my spouse a green card?

No. USCIS states that the filing or approval of the petition does not give the relative any immigration status or benefit. The spouse must still complete adjustment of status or consular processing.

Does the spouse of a U.S. citizen have to wait for a visa number?

USCIS states that immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Other requirements still apply.

What if my spouse is a green card holder, not a citizen?

USCIS places spouses of lawful permanent residents in family preference category F2A. Visa availability in that category depends on the priority date, so the Visa Bulletin matters.

What is conditional residence?

USCIS says a green card based on a marriage of under two years is conditional and valid for two years. The conditions are removed by filing Form I-751 in the 90-day window before the card expires.

Immigration outcomes depend on individual facts that a general guide cannot see. Consider speaking with a licensed immigration attorney if your history includes prior denials, unlawful presence, criminal charges, a deadline you may have missed, or anything else you are unsure how the rules treat. This page is general information, not legal advice.

Sources checked

Official sources this page was written from, in order of authority. See our sources policy.

  1. [1] Green Card for Immediate Relatives of U.S. Citizen

    USCIS · Official source · Checked October 3, 2026 · Source last updated January 30, 2026

    Supports: spouses are immediate relatives; unlimited visas; supporting documents; I-485 fee; concurrent or sequential filing

  2. [2] I-130, Petition for Alien Relative

    USCIS · Official source · Checked October 3, 2026 · Source last updated July 24, 2026

    Supports: purpose of Form I-130; filing does not give status; evidence expected; receipt notice; forms that can be filed with the I-485

  3. [3] Form I-130/I-130A, Instructions for Petition for Alien Relative

    USCIS · Official source · Checked October 3, 2026 · Source last updated May 19, 2026

    Supports: required evidence; examples of evidence of a genuine marriage; certified translations; concurrent filing; limits on who can be petitioned for

  4. [4] I-485, Application to Register Permanent Residence or Adjust Status

    USCIS · Official source · Checked October 3, 2026 · Source last updated September 18, 2026

    Supports: Form I-485 for people inside the United States; concurrent I-765 and I-131

  5. [5] Checklist of Required Initial Evidence for Form I-485 (for informational purposes only)

    USCIS · Official source · Checked October 3, 2026 · Source last updated July 8, 2025

    Supports: initial evidence including documentation of inspection and admission or parole; do not send originals

  6. [6] Adjustment of Status

    USCIS · Official source · Checked October 3, 2026 · Source last updated July 24, 2026

    Supports: adjustment of status for people inside the United States

  7. [7] Consular Processing

    USCIS · Official source · Checked October 3, 2026 · Source last updated July 20, 2023

    Supports: consular processing sequence; National Visa Center; admission by CBP; notifying NVC of changes

  8. [8] Conditional Permanent Residence

    USCIS · Official source · Checked October 3, 2026 · Source last updated April 24, 2025

    Supports: conditional residence for marriages under two years; Form I-751; 90-day window; consequences

  9. [9] Green Card for Family Preference Immigrants

    USCIS · Official source · Checked October 3, 2026 · Source last updated July 8, 2025

    Supports: category F2A for spouses of permanent residents

  10. [10] G-1055, Fee Schedule

    USCIS · Official source · Checked October 3, 2026 · Source last updated October 1, 2026

    Supports: fees can change; use the current fee schedule

Page history

  • — Initial publication.

Written by the Vekyo Editorial Team. Read our editorial policy. Please also read the immigration disclaimer.