Green Card for the Spouse of a US Citizen (Marriage Green Card)

You qualify if:

• Your spouse is a US citizen (by birth or naturalization).
• Your marriage is legally valid where it took place. Same-sex marriages are treated the same as other marriages.
• Any earlier marriages for either of you have legally ended.
• The marriage is real ("bona fide"), not entered into only to get immigration benefits.

A finding of marriage fraud can permanently bar you from ever being approved on any future family or employment petition, so USCIS looks closely at every case. If you married while in removal (deportation) proceedings, extra rules apply; speak to a licensed immigration lawyer.

If your spouse is a green card holder rather than a citizen, you use the F2A category instead, which can involve a wait. If your citizen spouse has died, you may still be able to self-petition as a widow or widower within 2 years of the death.

The Affidavit of Support (Form I-864). The petitioner must promise to support the immigrant and show household income of at least 125% of the federal poverty guidelines for their household size (100% for active-duty military sponsoring a spouse or child). If the income is too low, assets can help, or a joint sponsor who meets the test can sign a second I-864. The promise is a legal contract that usually lasts until the immigrant becomes a citizen or has 40 quarters of work. Check your numbers with our I-864 income calculator.

USCIS and consular officers want to see a shared life. Useful evidence includes:

• A joint lease or property deed, and utility bills in both names.
• Joint bank accounts, taxes filed as married, and shared insurance.
• Birth certificates of children you have together.
• Photos over time, travel records, and messages (a sample, not everything).

Most couples are interviewed together, and officers may ask detailed questions about daily life. See our visa interview guide.

If the immigrant spouse is in the US: they can file Form I-485 at the same time as the I-130 ("concurrent filing"), because immediate relatives never wait for a visa number. They generally must have been inspected and admitted or paroled into the US. Immediate relatives can often adjust even after overstaying or working without permission, but the 2026 memo says these allowances are now weighed as a matter of discretion. See adjustment of status.

If the immigrant spouse is abroad: after USCIS approves the I-130, the case moves to the National Visa Center (NVC). You pay fees and submit the DS-260, civil documents, and the Affidavit of Support, then the interview happens at a US embassy or consulate. See consular processing.

If the immigrant spouse entered without inspection: adjustment in the US is usually not possible. Leaving for a consular interview can trigger the 3-year or 10-year bar for unlawful presence, and a provisional waiver (Form I-601A) filed before leaving may help in some cases. Talk to a licensed immigration lawyer before anyone leaves the US. See visa denials and waivers.

If you married after entering on a visitor or student visa: adjustment is legally possible, but timing matters. The State Department presumes a misrepresentation if you act against your visa's purpose within 90 days of entry, and USCIS can consider timing too. The 2026 memo makes visitors the most exposed group, so get legal advice before filing.

The 2026 adjustment of status memo. On May 21, 2026, USCIS issued a policy memo (PM-602-0199) that treats adjustment of status as a discretionary benefit. USCIS said that people who are in the US on a temporary visa and want a green card should expect to apply from their home country, except in extraordinary circumstances. The memo applies to pending and new Form I-485 filings. Meeting the legal requirements is now treated as the minimum: officers weigh your whole record, including whether you used your visa for its stated purpose. Legal challenges were expected, so check the current position before you file.

The 2026 interview freeze. Since August 25, 2026, the State Department has paused scheduling of immigrant visa interviews worldwide while consular officers train on public charge screening. No restart date had been announced as of September 22, 2026. Track it on our immigrant visa pause page.

Travel ban. Nationals of the 39 countries covered by the travel ban (Proclamation 10998, in effect since January 1, 2026) generally cannot receive immigrant visas abroad, and USCIS has held many pending applications from those countries for extra review.

Public charge. A new public charge rule took effect on September 18, 2026. It replaces the 2022 rule with a broader "totality of the circumstances" test of whether you are likely to rely on government support.

All consular options are affected by the 2026 interview freeze.

Government fees as of September 2026, from the USCIS fee schedule:

Check the USCIS fee calculator before paying. To estimate the total for your situation, try our sponsorship cost estimator.

If you have been married less than 2 years on the day you become a resident, you get a conditional green card valid for 2 years. In the 90 days before it expires, you and your spouse file Form I-751 together to remove the conditions. If you have divorced, or you suffered abuse, you can ask to file alone with a waiver. See removing conditions.

After 3 years as a permanent resident, if you are still married to and living with your citizen spouse, you can usually apply for naturalization. Otherwise the normal wait is 5 years.