Getting a Green Card Through Marriage to a U.S. Citizen or Permanent Resident
Marriage to a United States citizen or lawful permanent resident is one of the most common and reliable pathways to obtaining a green card and permanent residency in the United States. However, the process involves multiple government agencies, extensive documentation, and potential pitfalls that can delay or derail your application if not handled properly.
At the Law Office of Miguel Palmeiro in Arlington, Virginia, we have helped hundreds of couples throughout the Washington, D.C. area successfully navigate the marriage-based green card process. This comprehensive guide explains every step of the process as it works in 2026, including recent changes to processing times and procedures.
Who Qualifies for a Marriage-Based Green Card?
To qualify for a green card through marriage, you must be legally married to either a U.S. citizen or a lawful permanent resident (green card holder). The marriage must be legally valid in the jurisdiction where it was performed, and it must be a genuine, bona fide marriage entered into for the purpose of building a life together, not solely for immigration benefits.
Both same-sex and opposite-sex marriages are recognized for immigration purposes since the Supreme Court’s 2015 decision in Obergefell v. Hodges. Marriages performed abroad are also generally recognized as long as they were legal in the country where they took place.
Important Distinction: Citizen Spouse vs. Permanent Resident Spouse
The process and timeline differ significantly depending on whether your spouse is a U.S. citizen or a permanent resident. If your spouse is a U.S. citizen, you are classified as an immediate relative, which means there is no annual cap on the number of visas available and no waiting period for a visa number. Your case can be processed as soon as the paperwork is approved.
If your spouse is a lawful permanent resident, you fall under a preference category (F2A) that has annual limits. This means there may be a waiting period before a visa number becomes available to you, depending on your country of birth and current processing backlogs. As of 2026, F2A wait times have fluctuated, so checking the monthly Visa Bulletin published by the Department of State is essential.
Step 1: File the I-130 Petition
The marriage-based green card process begins with your U.S. citizen or permanent resident spouse filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the qualifying family relationship between you and your spouse.
Documents Needed for the I-130
The I-130 petition requires proof of the petitioner’s U.S. citizenship or permanent resident status, such as a U.S. passport, birth certificate, certificate of naturalization, or green card. You will also need a certified copy of your marriage certificate, passport-style photographs of both spouses, and evidence that any previous marriages were legally terminated through divorce decrees, death certificates, or annulment records.
You should also include initial evidence that your marriage is genuine, such as joint financial documents, photographs together, and evidence of shared living arrangements. While more extensive bona fide evidence will be submitted later, providing some evidence at the I-130 stage can help avoid Requests for Evidence that slow down processing.
Step 2: Adjustment of Status or Consular Processing
Once the I-130 is approved (or, if filing concurrently with a citizen spouse, at the same time), the next step depends on where the immigrant spouse is located.
Adjustment of Status (If Already in the U.S.)
If you are already physically present in the United States and are eligible to adjust status, you will file Form I-485, Application to Register Permanent Residence or Adjust Status. When your spouse is a U.S. citizen, you can typically file the I-130 and I-485 simultaneously, which is known as concurrent filing. This can significantly speed up the overall process.
Eligibility for adjustment of status generally requires that you were inspected and admitted or paroled into the United States, that a visa number is immediately available, and that you are not subject to certain bars to adjustment. If you entered the United States without inspection (crossed the border without authorization), you may not be eligible to adjust status inside the country, even if married to a U.S. citizen, unless you qualify for certain exceptions.
Consular Processing (If Outside the U.S.)
If the immigrant spouse is outside the United States, or if they are not eligible for adjustment of status, the case will be processed through a U.S. consulate or embassy abroad. After the I-130 is approved, the case is transferred to the National Visa Center (NVC), which collects fees, forms, and supporting documents before scheduling an immigrant visa interview at the appropriate consulate.
Step 3: Biometrics and Background Checks
After filing your application, USCIS will schedule a biometrics appointment where your fingerprints, photograph, and signature will be collected. This information is used to conduct FBI background checks and verify your identity. Attend this appointment as scheduled because missing it can delay your case significantly.
Step 4: The Marriage Interview
In most marriage-based green card cases, USCIS will schedule an in-person interview. For cases in the Northern Virginia area, interviews are typically conducted at the USCIS Arlington Field Office. Maryland cases may be scheduled at the USCIS Baltimore Field Office.
What to Expect at the Interview
Both spouses should attend the interview together. The USCIS officer will review your application, verify your identity, and ask questions about your relationship. The officer wants to determine that your marriage is genuine and that you are eligible for the green card.
Questions may cover how you met, your wedding details, your daily life together, your living arrangements, your finances, and your future plans. The officer may ask these questions to both spouses together or may separate you and ask the same questions individually to see if your answers are consistent.
Evidence of a Bona Fide Marriage
The most important aspect of the marriage green card process is demonstrating that your marriage is genuine. USCIS is looking for evidence that you and your spouse have combined your lives in the way that married couples typically do.
Strong evidence includes joint bank accounts and financial statements, a joint lease or mortgage showing you live together, joint utility bills in both names, joint tax returns filed as married, health insurance policies covering both spouses, birth certificates of children born to the marriage, photographs together over time showing the progression of your relationship, correspondence including cards, letters, emails, and text messages, travel records showing trips taken together, and affidavits from friends and family who can attest to the genuine nature of your relationship.
The more evidence you can provide showing a genuine, ongoing marital relationship, the stronger your case will be. Prepare a well-organized binder of evidence for your interview.
Conditional vs. Permanent Green Card
An important distinction that many couples are not aware of: if you have been married for less than two years at the time your green card is approved, you will receive a conditional green card that is valid for only two years. This is not a full permanent green card.
Before your conditional green card expires, you must file Form I-751, Petition to Remove Conditions on Residence, to convert your conditional green card to a permanent one. This filing must generally be made jointly with your spouse during the 90-day window before your conditional green card expires.
If your marriage has ended by the time you need to file the I-751, you may still be able to remove conditions by filing a waiver of the joint filing requirement. Grounds for a waiver include divorce (if the marriage was entered in good faith), domestic violence, or extreme hardship if you were removed from the United States.
Common Challenges and How to Overcome Them
Previous Immigration Violations
If the immigrant spouse has overstayed a visa, worked without authorization, or has previous removal orders, the green card process becomes more complex. Depending on the specific violations and how long ago they occurred, you may need to file a waiver of inadmissibility (such as the I-601 waiver or I-601A provisional waiver) to overcome these issues. An experienced immigration attorney can evaluate whether a waiver is necessary and how strong your case would be.
Entry Without Inspection
If you entered the United States without being inspected at a port of entry, your path to a green card is more complicated. Spouses of U.S. citizens who entered without inspection may be able to adjust status if they qualify under Section 245(i) of the Immigration and Nationality Act. Otherwise, they may need to leave the country for consular processing, which can trigger the three-year or ten-year unlawful presence bars. However, the I-601A provisional waiver may be available to waive these bars before you depart for your consular interview.
Prior Denied Applications
If you have been previously denied a green card or another immigration benefit, this does not automatically disqualify you from applying through marriage. However, you must disclose all previous applications and denials, and you should be prepared to address the reasons for the prior denial.
Age Difference or Short Courtship
While there is no legal prohibition against marriages between spouses of significantly different ages or marriages that followed short courtships, these factors may receive additional scrutiny from USCIS. Be prepared to provide additional evidence of the genuineness of your relationship if these factors apply to your case.
Processing Times in 2026
Processing times for marriage-based green cards fluctuate based on USCIS staffing levels, application volumes, and policy changes. As of 2026, processing times have generally increased across most categories. The I-130 petition for immediate relatives typically takes 8 to 14 months for initial processing. If filing concurrently with the I-485, the total process from filing to green card approval may take 12 to 24 months. Consular processing cases may take longer depending on the specific embassy and country.
These timelines are estimates and can change. Your immigration attorney can provide a more specific timeline based on your filing location and the current processing environment at the time you file.
Benefits Available While Your Case Is Pending
When you file the I-485 adjustment of status application, you can simultaneously file Form I-765, Application for Employment Authorization, to obtain a work permit while your green card application is pending. You can also file Form I-131, Application for Travel Document (advance parole), which allows you to travel internationally and return to the United States while your case is being processed.
Having both an EAD and advance parole (which USCIS now issues as a single combo card) provides important flexibility while you wait for your green card interview and approval.
The Cost of a Marriage-Based Green Card
Government filing fees for the marriage-based green card process can total $1,500 to $2,500 or more, depending on which forms are filed and whether medical exams and other requirements apply. In addition, most couples choose to hire an immigration attorney to handle the process, which involves additional legal fees.
While it is possible to file the paperwork on your own, the consequences of errors can be severe, including delays of many months, requests for evidence that are difficult to respond to correctly, and even denials that could have been avoided with proper legal guidance. Given the complexity and stakes involved, professional legal representation is a worthwhile investment.
Immigration Fraud Warnings
USCIS takes marriage fraud extremely seriously. Entering into a marriage solely for the purpose of obtaining immigration benefits is a federal crime punishable by up to five years in prison and a $250,000 fine. Additionally, if USCIS determines that a marriage is fraudulent, the immigrant spouse will be permanently barred from obtaining immigration benefits in the future.
If someone has approached you about entering into a sham marriage for immigration purposes, do not agree. If you are in a genuine marriage and are concerned about how to demonstrate this to USCIS, an immigration attorney can help you prepare compelling evidence of your bona fide relationship.
Why Choose the Law Office of Miguel Palmeiro
Our firm has guided hundreds of couples through the marriage-based green card process from our office in Arlington, Virginia. We serve clients throughout Northern Virginia, Washington, D.C., and Maryland, with staff who speak English, Spanish, Portuguese, and French.
We understand that every couple’s situation is unique. Whether you are dealing with prior immigration violations, entry without inspection, conditional green card issues, or simply want to ensure your straightforward case is handled correctly, we provide personalized attention and experienced legal guidance at every step.
Contact us today at (703) 522-2427 for a free consultation about your marriage-based green card case. Our office is located at 3300 Fairfax Drive, Suite 222, Arlington, VA 22201, just steps from the Ballston-MU Metro station.
