Overview
A U.S. citizen or lawful permanent resident may sponsor their spouse for a green card through a marriage-based petition. This is the most common pathway to permanent residency, but the process involves multiple steps, extensive documentation, and an in-person interview to verify the bona fide nature of the marriage.
Two Pathways
Adjustment of Status (AOS): If the spouse is already in the U.S. in valid status, they may file Form I-130 and Form I-485 concurrently without leaving the country.
Consular Processing: If the spouse is outside the U.S., the citizen files I-130 with USCIS. After approval, the case transfers to the NVC and then to the U.S. consulate for an immigrant visa interview.
Step-by-Step Process
- File Form I-130 — Petition establishing the marital relationship
- File Form I-485 (if AOS) — Application for permanent residence, filed concurrently
- Biometrics appointment — Fingerprinting and background check
- Employment Authorization (EAD) — Form I-765 allows the spouse to work while pending
- Advance Parole — Form I-131 allows travel without abandoning the application
- Interview — Both spouses attend at a USCIS field office or U.S. consulate
- Decision — Approval, denial, or request for additional evidence
Conditional vs. Permanent Residency
If the marriage is less than two years old at approval, the spouse receives a conditional green card valid for two years. Before expiration, the couple files Form I-751 to remove conditions. If the marriage is more than two years old at approval, a standard 10-year card is issued.
Evidence of Bona Fide Marriage
- Joint bank accounts and financial records
- Joint lease or mortgage documents
- Birth certificates of children born to the marriage
- Joint insurance policies
- Photographs together over time
- Communication records
- Affidavits from friends and family
Processing Times (2026)
- Spouse of U.S. citizen (AOS): 12-24 months
- Spouse of U.S. citizen (Consular): 12-18 months
- Spouse of permanent resident: Subject to F2A visa availability