After the excitement of a wedding, when the music ends and the celebration quiets down, many couples begin the practical work that follows. For some, this means applying for a marriage Green Card so they can live together in the United States without time limits. A marriage Green Card allows the foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to live and work permanently in the country.
The process can seem detailed at first, but once you understand the steps, it becomes manageable. The requirements follow the procedures set by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State.
Who qualifies for a marriage green card?
A marriage Green Card is available only to couples who are legally married. Simply living together or holding an informal ceremony does not meet U.S. immigration requirements. Common-law marriages may qualify if they are legally recognized in the country or state where the relationship occurred. In cases of polygamy, only the first marriage is valid for immigration purposes. Same-sex marriages are treated the same as opposite-sex marriages under U.S. immigration law, following the place-of-celebration rule applied by USCIS. Before applying, couples should confirm that their marriage certificate was properly issued and recognized by the authority where it was registered to avoid problems later in the process.
Application overview
The marriage Green Card process has two main stages. It begins with the U.S. citizen or lawful permanent resident filing Form I-130, Petition for Alien Relative, with USCIS. This form proves that a real and legally valid marriage exists. Once USCIS approves the petition, it sends the case to the National Visa Center (NVC), which handles the next steps, including collecting fees and required documents.
If the foreign spouse is living abroad, the NVC forwards the case to the U.S. embassy or consulate for visa processing. The spouse then completes the Form DS-260 visa application, attends a medical examination, and appears for a visa interview. If the applicant is already in the U.S., the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status, instead of processing through the NVC.
After the visa is approved or the adjustment of status is granted, the foreign spouse becomes a lawful permanent resident and receives a Green Card (Form I-551). If the marriage is less than two years old at the time of approval, the spouse receives a conditional Green Card valid for two years. To remove the conditions, both spouses must file Form I-751 within the 90-day period before the card expires.
Once you know the basic process, it helps to look at what each part involves. The following questions answer the most common points of confusion about marriage Green Cards and how the process works in practice.
What are the sponsor’s main requirements?
The sponsoring spouse must:
- Be at least 18 years old.
- Have a residence (domicile) in the United States.
- File an Affidavit of Support (Form I-864) showing income that meets at least 125% of the Federal Poverty Guidelines.
If a lawful permanent resident becomes a U.S. citizen while the petition is pending, the case can be upgraded once proof of citizenship is sent to the NVC.
What fees are required?
- USCIS filing fee for Form I-130.
- Affidavit of Support fee and Immigrant Visa Application fee paid through the NVC’s online portal.
- Medical exam and vaccination fees, paid to the approved physician.
All payments are nonrefundable and must be made as instructed by USCIS or the NVC.
What documents are needed?
Applicants usually need:
- A valid passport.
- Form DS-260, Immigrant Visa and Alien Registration Application.
- Form I-864, Affidavit of Support.
- Two passport-style photos.
- Civil documents such as birth and marriage certificates.
- Police certificates if required.
- A sealed medical exam report from an approved doctor.
Documents not in English must include certified translations.
What happens during the medical exam and interview?
The medical exam must be completed by a panel physician approved by the U.S. embassy or consulate. Required vaccinations must also be up to date.
Once the NVC confirms all fees and documents are complete, it schedules the visa interview. During the interview, a consular officer reviews the case and may ask questions about the marriage.
If the visa is approved, the applicant receives a sealed visa packet and must pay the USCIS Immigrant Fee before traveling to the United States.
What is conditional residence?
If the couple has been married for less than two years when the Green Card is issued, the foreign spouse becomes a conditional permanent resident. The Green Card is valid for two years.
Both spouses must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before the card expires to obtain a 10-year Green Card.
What happens after approval?
After approval, the spouse can travel to the United States and request entry as a lawful permanent resident. U.S. Customs and Border Protection (CBP) officers make the final decision at the port of entry.
Once admitted, the Green Card (Form I-551) is mailed to the U.S. address after the USCIS Immigrant Fee is paid. Applicants who requested a Social Security Number (SSN) on their visa application receive their SSN card by mail approximately six weeks following your admission.
What rights and responsibilities come with a Green Card?
Marriage Green Card holders have the right to live, work, and travel in the United States. They must follow U.S. laws, pay taxes, and report any address change to USCIS within ten days of moving.
Before the interview, all applicants must read the Rights and Protections pamphlet explaining U.S. laws on domestic violence and child safety.
Providing false information or fraudulent documents can lead to visa denial or permanent ineligibility.
2025 USCIS Policy Update
On August 1, 2025, the USCIS issued an update to its Policy Manual that affects all family-based immigrant visa petitions, including marriage Green Cards. The guidance is intended to clarify existing procedures rather than introduce major new requirements.
The key points are as follows:
- Approval of Form I-130 does not grant immigration status.
USCIS confirmed that approval of a family-based immigrant visa petition (Form I-130) alone does not give the beneficiary lawful immigration status, admission, or authorization to work. - Clarified when interviews may be required.
USCIS updated internal guidance to explain when officers must or may require an interview for family-based petitions, including those filed by spouses. - Petitions can be routed differently depending on related filings.
The new policy outlines how USCIS processes petitions that are connected to other pending or approved family-based filings, and when an approved petition is sent to the NVC. - USCIS may issue a Notice to Appear (NTA).
The agency clarified that it may issue a Notice to Appear in immigration court if the beneficiary is removable, even if a family-based petition has been approved. - Applies to both pending and new petitions.
The policy update applies to all family-based petitions pending or filed on or after August 1, 2025.
Applicants should continue to check official instructions from USCIS.gov and Travel.State.gov when preparing petitions or responding to case updates.
Sources:
- U.S. Citizenship and Immigration Services (USCIS) – Green Card for Immediate Relatives of a U.S. Citizen
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen - U.S. Department of State – Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html - U.S. Citizenship and Immigration Services (USCIS) – USCIS Issues Guidance Regarding Family-Based Immigration Policy (August 1, 2025)
https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy - USCIS Policy Manual Update – Family-Based Immigrants (August 1, 2025)
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250801-FamilyBasedImmigrants.pdf