Marriage-Based Green Card: Process, Cost & Timeline

Whether you’re a U.S. citizen or lawful permanent resident petitioning to bring your spouse to the United States or foreign national hoping to join your partner, a marriage-based Green Card is an important step towards uniting couples who want to live together in the U.S.

We’ll share all you need to know about the process, cost, and timeline of marriage-based Green Cards and answer common questions our clients have asked in similar situations.

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

View Brad's Bio

Bradford H. Bernstein

What Is A Marriage-Based Green Card?

A marriage-based Green Card grants lawful permanent resident status to the spouse of a U.S. citizen or Green Card holder, allowing them to live and work in the United States.

Marriage-based green cards fall under the family-based immigration category.

If the petitioner is a U.S. citizen, the foreign spouse is considered an immediate relative, meaning:

• A Green Card is immediately available as there is no cap on the number of visas issued each year.
• The application process is typically faster than for spouses of Green Card holders.
• If the foreign spouse is in the U.S., they can file Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently, speeding up the process.

If the petitioner is a Green Card holder, the process falls under the F2A visa category meaning:

• The foreign spouse must wait for a visa to become available in their category.
• The process generally takes longer than for spouses of U.S. citizens.
• The spouse must wait for Form I-130 approval before applying for a Green Card.

Marriage-Based Green Card Process

The process of obtaining a marriage-based Green Card involves several steps:

1. File Form I-130

The U.S. citizen or Green Card holder (known as a Petitioner) files Form I-130 with the U.S. Citizenship and Immigration Services (USCIS) to prove a valid marriage relationship with the foreign spouse.

They also include supporting documents such as:

• Proof of U.S. citizenship or lawful permanent residence of the petitioner
  – U.S. passport
  – U.S. birth certificate
  – Naturalization certificate
  – Certificate of Citizenship
  – Copy of Green Card (front and back)
  – Foreign passport with I-551 stamp
• Proof of a valid marriage
  – Official, government-issued, marriage certificate
  – Divorce decrees, annulment papers, or death certificates for prior marriages
• Proof of a bona fide marriage
  – Joint bank account statements showing shared finances
  – Lease or mortgage documents with both spouses’ names
  – Utility bills showing shared residence
  – Health or life insurance policies listing each other as beneficiaries
  – Tax returns filed jointly
  – Photos together from wedding, vacations, or family events
  – Correspondence records like emails, text messages, or call logs

2. Receive Form I-797

After USCIS receives the petition, they will send a notification confirming receipt. See how long it takes to get a receipt from USCIS after filing a petition.

3. Wait For Visa Availability

This step applies to the spouses of Green Card holders, only. There is always a visa available for spouses of U.S. citizens.

Check when a visa becomes available in the Visa Bulletin, which is published monthly by the U.S. Department of State.

4. Apply For Adjustment Of Status Or Consular Processing

• If the spouse is already in the U.S., they file Form I-485 (Adjustment of Status).
• If the spouse is outside the U.S., they apply for an immigrant visa through consular processing at a U.S. Embassy or Consulate by filing Form DS-260.

5. Attend A Biometrics Appointment

The foreign spouse attends a biometrics appointment for fingerprinting and background checks.

6. Go For Your Marriage Interview

USCIS or a consulate officer conducts an interview to verify the authenticity of the marriage by asking various questions about the couple’s relationship and life together.

7. Receive Your Green Card

If the application is approved, the foreign spouse will get:

• A conditional Green Card, which is valid for two years, if the couple was married for less than two years.
• A permanent Green Vard, valid for ten years, if the couple was married for more than two years.

8. Remove Conditions

If the foreign spouse has a conditional Green Card, they must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card expires.

Marriage-Based Green Card Timeline

The timeline for obtaining a marriage-based Green Card varies depending on the petitioner’s status and whether the foreign spouse is applying from inside or outside the U.S.

Here are some general estimates:

• Form I-130 for spouses of U.S. citizens: Between 16 and 50 months
• Form I-130 for spouses of Green Card holders: Between 50 and 85 months
• Form I-485: Between 5 and 20 months
• Waiting for a visa for spouses of Green Card holders: From several months to several years depending on visa backlogs
• Marriage interview: Between one and three months after biometrics
• Green Card issuance: Between one and four weeks after approval

Marriage-Based Green Card Cost

Applying for a marriage-based Green Card involves several fees:

• Form I-130 filing fee: $675 for paper filing and $625 for online petitions
• Form I-485 fee: $1,440
• Form I-751 filing fee: $750

In addition, you may need to pay:

• Form I-864, Affidavit of Support Fee
• Consular processing fee
• Medical examination fee
• Legal fees if you decide to work with an immigration attorney

If you are unsure about all the fees due, talk to our immigration attorneys at Spar & Bernstein.

Need Help With Your Marriage Green Card? Contact Spar & Bernstein

The process of obtaining a marriage-based Green Card can be complex, with potential delays or denials.

At Spar & Bernstein, our experienced and compassionate immigration team can help you:

• Fill out and file Forms I-130, I-485 and I-864
• Ensure all required supporting documents are included
• Collect proof of a bona fide marriage
• Prepare for the marriage interview
• Respond to USCIS’ Requests for Evidence (RFE)
• Provide resources for consular processing if the spouse is outside the U.S.
• Track your application status and provide updates

Contact Spar & Bernstein today to schedule a consultation and take the next step toward your future together in the United States!

Marriage-Based Green Card: FAQs

Now that we’ve covered the basics of the marriage-based Green Card process, let’s explore some additional questions applicants may ask.

Can my marriage-based Green Card application be denied?

Yes, your application may be denied due to incomplete documentation, inconsistencies, or failure to prove a bona fide marriage. Work with our team at Spar & Bernstein to minimize the possibility of denial.

Can I work while waiting for my Green Card?

If applying from within the U.S., you can file Form I-765, Application for Employment Authorization, asking for permission to work while your Green Card application is pending.

Can I travel outside the U.S. while my Green Card application is pending?

If you are in the U.S. and applying for adjustment of status, you will need to file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records before traveling. If you don’t file and receive an approved Form I-131, your application may be considered abandoned if you leave the U.S.