Green Card by marriage

Obtaining a Green Card through marriage is generally one of the most common paths to lawful permanent residence in the United States.

However, the process can be complex and full of requirements that must be met precisely. 

That’s why our immigration lawyers in Los Angeles at Lluis Law advise you at every stage, from the initial petition to your interview with USCIS.

Marriage Green Card Process in 2025

The process for obtaining a Green Card through marriage consists of three key steps. 

This procedure allows the spouse of a US citizen or lawful permanent resident to live and work in the United States.

Note: If you want to know how long it takes to bring your spouse to the USA, you can read our dedicated blog post.

1# Establish the marriage bond

The first step is to prove that the marriage is valid and legitimate by filing Form I-130. 

This form is for obtaining US residency through a family petition and must be submitted to USCIS by the resident spouse or U.S. citizen.

Got your Form I-130 approved and wondering what’s next? Our blog explains everything you need to know.

2# Apply for lawful permanent residence

If the immigrant lives in the United States, the sponsor must file Form I-485 with USCIS to adjust status. 

This form can usually be filed simultaneously with the family petition.

3# Attend the immigration interview

The final step is an interview with an immigration officer, who will assess whether the marriage is authentic and was not entered into for fraudulent immigration purposes. 

Marriage-based Green Card interview questions typically focus on the relationship, the couple’s lifestyle, and their shared plans.

Each case is unique, and small errors can cause delays or rejections. Call us to avoid these issues.

How long does it take to get a marriage green card in 2025?

The estimated time to obtain a Green Card through marriage varies from 9 to 36 months depending on whether the sponsoring spouse is a US citizen or lawful permanent resident. 

These times for the Green Card through marriage can be affected by factors such as:

• USCIS workload; 
• The local office handling the case; and 
• Possible errors in the application.

To avoid delays, it is recommended to seek the assistance of an immigration attorney experienced in this type of process. Don’t hesitate to call us today.

What if I have trouble legally entering the US?

To obtain a Green Card through marriage, the applicant must be admissible, meaning they must have no criminal record or circumstances that would prevent them from living legally in the United States.

Some reasons why an individual may be considered inadmissible are by having:

• Entered the country illegally or overstayed;
• A criminal record;
• Lied on an immigration application; and
• Certain serious illnesses.

If any of these problems exist, there are still options. In many cases, you can apply for a waiver of inadmissibility, which, if approved, allows you to continue with the process.

How much does it cost to get a Green Card for marriage?

Although fees vary, the cost to process a Green Card is generally around $1,760 if the applicant spouse resides in the U.S. or $1,200 if the spouse resides abroad.

Added to this is the cost of the mandatory medical exam, which varies between $200 and $500 depending on the provider and location.

Key requirements for obtaining a Green Card through marriage

For a marriage-based Green Card application to be successful, several requirements must be met to validate the union and immigration eligibility. 

Among the main ones are:

• Authentic marriage: It must be demonstrated that the relationship is real and was not created for immigration purposes.
• Minimum age: Both spouses must be at least 18 years old at the time of application.
• Applicant eligibility: There must be no criminal record that would prevent obtaining a Green Card.
• Complete documentation: The corresponding forms must be submitted along with the necessary evidence.

Note: Complying with these requirements from the start reduces the risk of delays or rejections by USCIS.

Who can adjust status after entering on a K-1 visa?

An individual who entered the United States on a K-1 fiancé visa may apply for lawful permanent residence if they meet these requirements:

• You successfully filed Form I-485 while physically present in the US.
• You were legally admitted on a K-1 visa.
• Entered into a bona fide marriage with the petitioning U.S. citizen within 90 days of his entry.
• You are admissible to the US or qualify for a waiver.
• It is not subject to adjustment of status restrictions and requires a favorable decision from USCIS.

Note: If you do not marry the citizen who filed the petition, in most cases you will not be able to adjust status through another category, with some exceptions such as U visas . However, keep in mind that in some cases, a U visa may be denied.

What documents are needed to obtain a Green Card through marriage?

To apply for a Green Card based on marriage, documents must be submitted that demonstrate the legal validity of the relationship, the authenticity of the relationship, and the applicant’s immigration eligibility. 

Below is a list of the main ones:

• Valid marriage certificate.
• Evidence of actual marriage. This could include joint bank accounts, rental agreements, or photographs.
• Form I-130.
• Form I-485 or Form DS-260 depending on whether the foreign national is inside or outside the US.
• Form I-864 along with proof of income.
• Form I-693 (the medical examination must be performed by a doctor authorized by USCIS).
• Identity and legal entry documents. For example, a passport or visa.
• Divorce certificates, if applicable, and police records if there have been any incidents.

The required documents may vary depending on the case. Therefore, it is recommended to seek legal advice to ensure a complete and accurate submission.

What happens to a marriage-based Green Card if the couple divorces before completing the process?

If the divorce occurs before two years of marriage have passed, the immigrant spouse could lose their Green Card, as their status is conditional. 

However, in certain cases, if there has already been a previous divorce, the applicant may still have the opportunity to maintain their status. For more information on this topic, visit our publication: What happens if I get divorced before the Green Card interview.

A fraudulent marriage can be grounds for deportation. In fact, it’s one of the most common types of deportation in the United States .

What happens after getting a Green Card through marriage?

The type of Green Card granted depends on how long the marriage has lasted at the time of approval:

• Less than 2 years: A conditional green card valid for 2 years is issued. Shortly before its expiration, the couple must remove the conditions from USCIS.
• More than 2 years: A Green Card valid for 10 years is granted.

Is it possible to get married in a civil ceremony in the US and then have a ceremony abroad?

In the United States, civil marriage is legally recognized for immigration purposes. Therefore, a couple can marry in a civil ceremony, begin their marriage-based Green Card application, and, once advance parole is approved, travel to their country of origin.

Once there, you can perform a symbolic or religious ceremony. Afterward, you can return to the US without affecting your immigration process.

Recent Changes to the Marriage Green Card in 2025

• As of January 20, 2025, USCIS eliminated the COVID-19 vaccine as a medical examination requirement.
• As of February 10, 2025, only the 10/24/2024 edition of Form I-485 is accepted. As a result, previous versions will be rejected.
• Starting in December 2024, the medical examination must be submitted with Form I-485. Submitting it separately may result in rejection.
• USCIS and ICE have strengthened their monitoring of marriage fraud, so it’s critical that the relationship be supported by solid, authentic evidence.

Green Card Renewal for Foreign Spouses

Although lawful permanent resident status does not expire, the Green Card is valid for 10 years and must be renewed before it expires. 

Ideally, you should start the renewal process at least 6 months before the expiration date.

Frequently Asked Questions About Marriage-Based Green Cards

What can I do if my spouse lives abroad?

If your spouse lives outside the United States, you must initiate consular processing by submitting an application to the National Visa Center (NVC). 

This procedure is similar to that for the CR1 or IR1 visa, as the interview takes place at the corresponding embassy or consulate, and the sponsor is not required to attend. 

If the application is approved, your spouse will be able to travel to the United States and will receive the marriage-based Green Card at home within 2 to 3 weeks of arrival.

Can an undocumented individual apply for a Green Card based on marriage?

An undocumented immigrant in the United States may be eligible to apply for a Green Card through marriage if they are married to a U.S. citizen.

However, if they entered without legal status, the process can be more complex and requires careful evaluation.

What is the IR1 visa?

The IR1 visa is an immigrant visa granted to spouses of US citizens who have been married for more than two years at the time of approval. 

This visa is processed through the consular process and allows the foreign spouse to legally enter the US as a lawful permanent resident.

What is the difference between the CR1 and IR1 visas?

The main difference between the CR1 and IR1 visas lies in the duration of the marriage at the time the visa is approved. 

The CR1 visa is granted to spouses of US citizens married for less than two years and provides a Green Card valid for two years. 

On the other hand, the IR1 is issued when the couple has been together for more than two years and grants a Green Card valid for 10 years.

Can I leave the United States after I get married?

An individual who marries a US citizen can apply for a green card and, while their case is pending, request advance parole. This allows them to leave the US without losing their application.

However, those who marry a lawful permanent resident do not qualify for this benefit and must remain in the United States until they obtain legal status.

How can our lawyers help you obtain a green card through marriage?

At Lluis Law, our immigration attorneys are with you every step of the way, from preparing forms to your USCIS interview. 

We also provide guidance if you need an immigration waiver or face unique immigration challenges. Our goal is to help you obtain lawful permanent residence without errors or delays.

Call us today and get the legal advice you need to move forward confidently with these US immigration processes.