A U.S. citizen can sponsor a spouse for a marriage-based green card by filing a Form I-130 petition with USCIS, followed by either concurrent adjustment of status (if the spouse is already in the U.S.) or consular processing abroad (if the spouse is outside the country). As immediate relatives of U.S.
citizens, marriage-based applicants face no annual visa cap, meaning visas are always available and there is no waiting list. The full process typically takes 18–20 months from filing to approval, though timelines vary. The cost is modest—filing fees total roughly $640—but the couple must prove the marriage is genuine, demonstrate sufficient household income, and pass medical and security checks before a green card is granted.
Official resources:
- Green Card for Immediate Relatives of U.S. Citizen — Use this page to check the study’s participation requirements.
- Bringing Spouses to Live in the United States as Permanent Residents — Use this page to review requirements and apply directly.
Table of Contents
- Where Your Spouse Lives Determines the Process
- Processing Times and How Long You Will Wait
- Proving Your Marriage is Genuine
- Meeting the Income Requirement
- Medical Exam, Interview, and Admissibility
- Conditional Status and the Two-Year Rule
- Frequently Asked Questions
Where Your Spouse Lives Determines the Process
If your spouse is already in the United States through lawful admission (such as a valid visa) or parole, you can file Form I-130 and Form I-485 together at the same time, a process called concurrent filing or adjustment of status. This combined application allows your spouse to remain in the U.S. while the case is pending and may lead to approval more quickly.
If your spouse is outside the United States, you file only Form I-130 first. Once USCIS approves the petition, the case moves to consular processing at the appropriate U.S. embassy or consulate in your spouse's country, where your spouse applies for an immigrant visa and receives the green card upon entry to the U.S.
Processing Times and How Long You Will Wait
The median processing time for form I-130 is 12.8 months, while Form I-485 adjustment takes a median of 6.2 months when filed concurrently. These are national averages; actual timelines depend on which USCIS service center handles your case and whether your application is straightforward or requires additional review.
Because marriage-based applicants are immediate relatives, no visa numbers are consumed and no Priority Date waiting list applies—visas are allocated on a first-come, first-served basis. This is a significant advantage over other family-based categories, which can involve years of waiting.
Proving Your Marriage is Genuine
USCIS requires the petitioning citizen to submit a valid marriage certificate and evidence that the marriage is authentic and not entered into for immigration purposes alone. Acceptable evidence includes joint property ownership, a shared lease, combined bank accounts, utility bills in both names, or birth certificates of children born to the couple. The absence of such evidence does not automatically deny the petition, but if your case is selected for interview (which is typical), officers will ask detailed questions about how you met, your daily life together, and your marriage plans. Bring originals and copies of all documents showing your shared life.
Meeting the Income Requirement
The petitioning citizen must file Form I-864, the Affidavit of Support, proving that household income is at least 125% of the federal poverty guideline. For 2026, this threshold is $27,050 annually for a household of two in the 48 contiguous states and Washington, D.C. If your household income falls short, you have two options: document assets (cash, savings, investments) with a value equal to at least three times the income gap, or have a joint sponsor—someone who meets the income requirement independently and signs a separate Affidavit of Support. A joint sponsor is often a family member or close friend willing to pledge support.
Medical Exam, Interview, and Admissibility
Before approval, the applicant must undergo a medical examination (Form I-693) by a USCIS-designated civil surgeon, who checks for communicable diseases and certain health conditions that may affect admissibility. The applicant and petitioner are usually required to attend an in-person interview with a USCIS officer, who verifies the marriage is genuine and reviews all supporting documents.
Applicants can be denied for reasons including certain criminal convictions, security concerns, fraud, or health grounds; these are called grounds of inadmissibility. If your case involves any prior immigration violations, criminal history, or visa overstays, discuss this with an immigration attorney before applying.
Conditional Status and the Two-Year Rule
If the couple has been married for less than two years at the time the I-485 is approved, USCIS grants conditional permanent resident status, meaning the green card is valid for two years only. Before the card expires, the couple must file Form I-751 within the 90-day window before expiration to remove the conditions. Filing I-751 is straightforward if the marriage is still intact—the same evidence (joint accounts, shared residence, children) satisfies the requirement.
Once approved, the conditional status is lifted and the spouse receives a standard ten-year green card. If the marriage ends, either spouse may still file I-751, but the case requires additional scrutiny.
Frequently Asked Questions
Can my spouse work while the green card application is pending?
If your spouse files Form I-485 concurrently with Form I-130 (the concurrent filing process), your spouse can apply for work authorization (Form I-765) and usually begin working within 90–120 days. If your spouse is outside the U.S., they cannot work in the U.S. until they receive the green card.
What if my income is not high enough?
You can use a joint sponsor, document assets worth three times the income shortfall, or include household members' income (such as adult children living with you) if you can prove dependency. All options must be documented on the I-864.
Do we need an immigration attorney?
No, USCIS does not require an attorney, and many couples successfully file on their own. An attorney is most helpful if either spouse has prior immigration issues, criminal history, or if the marriage will be less than two years old at approval.
How much does it cost?
Filing fees total approximately $640 (I-130 and I-485 combined if filing concurrently, or I-130 alone if filing separately), plus the cost of the medical exam (roughly $100–300), marriage certificate copies, and any photos or documents. Joint sponsors do not pay additional fees.