A guide covering the requirements, timeline, and costs for getting a green card based on marriage from inside the US
You did the hard part - you met and married the love of your life! Now, if one of you is not a US citizen or permanent resident, then you need to get a green card from US immigration so you can be together in the US.
What is it
A green card gives you the right to live and work in the US and means that you are a conditional resident or permanent resident. And typically three years later, you would be eligible to apply for US citizenship.
How do I get it
The process for a spouse to get a green card while/from inside the US is officially called “adjustment of status” (if you’re looking to do it abroad, see marriage green card - abroad) and referred to as everything from “getting my papers” “filing for my wife/husband” “becoming a resident” etc.
To apply, you and your spouse must file a set of forms along with the required documents and supporting evidence to US immigration. While the various forms along with supporting evidence can be submitted at different times, the recommended practice is to file them all together if you are able/qualified to do so. This is called concurrent filing. This guide will describe the following, with links to more detailed information:
- What do we need to submit for a marriage based green card application?
- What are the costs?
- What is the interview process like?
- What is an RFE(Request for Evidence)/ what if immigration wants more information?
- What is the timeline for the process?
- What are the next Steps?
- FAQ
Eligibility/requirements
USCIS/government must believe that the marriage is real (bona fide in immigration-speak) and the applicant is admissible.
The immigrant/foreign/immigrating spouse must be in the US, having entered after proper inspection and admission by a US customs officer; be married to a US citizen or permanent resident; not be inadmissible (that’s immigration-speak covering various requirements from not being a criminal to not having lied to a US government official to ….).
…Let’s face it, immigration law has lots of little exceptions and rules that can have dramatic consequences. So, please take what we say with a grain of salt and always consult us if you have any questions….
What do we need to submit for a marriage based green card application to US Citizenship and Immigration Services (USCIS)
Just like filing taxes, if you and your spouse want to apply for a green card, you must submit an application package to USCIS using their official immigration forms along with supporting documents. Below is a list of required forms along with optional forms that are typically submitted for a marriage based green card application.
Form I-130 and I-130A - Prove valid marriage
The form I-130 with I-130A are used to establish a valid marriage between you and your spouse. Getting an approved I-130 is a required first step in the process for obtaining a green card.
In order to file the I-130 and I-130A, a US citizen/permanent resident spouse (the “petitioner”) must submit the application on behalf of their non-citizen/non-permanent resident spouse (the “beneficiary”). For more information, see our guide detailing the eligibility requirements for a green card.
Important components to an I-130/I-130A application
- Proof of US citizenship or permanent resident status of the Petitioner (proof can include a birth certificate, current US passport, certificate of naturalization, etc)
- Proof of marriage (marriage certificate)
- Evidence proving the validity of the marriage (proof can include shared bank accounts, joint lease or mortgage statements, joint insurance policies, communications such as emails, call logs, text messages, etc)
- Proof that any previous marriages for either spouse has been terminated (divorce decrees, death certificate)
- USCIS filing fee of $535
- 2 recent passport photos for each spouse
Once you have completed your forms and gathered your supporting documents, you need to sign your forms and mail them to USCIS (the mailing address is dependent on your residential address, see USCIS for mailing address)
Processing Time
From start to finish, an I-130 application typically takes around 9-18 months to process and for you to receive your decision. In order to learn more about timelines related to the I-130 form, please see our guide detailing all the steps between mailing your application and you receiving your green card.
I-485 - The application for a green card
We call this the “please give me a green card” form. Amidst the numerous forms that need to be filed, this is the big one - the actual application for a green card.
First, you and your spouse need to determine whether you are eligible to even apply for a green card. There are many reasons as to why you would be ineligible. For more information on eligibility, see our guide detailing the requirements to applying for a green card.
If you are eligible to apply, you and your spouse will need to answer various questions on the I-485 form regarding your personal history as well as submit relevant documents.
Important components to an I-485 application
- Proof of identity (birth certificate)
- Proof of valid entry into the US (passport, visa stamp, etc)
- USCIS filing fee of $1,225
- Medical examination by a USCIS approved doctor
- 2 recent passport photos of the applicant
- Form I-864 affidavit of support, proof that the US citizen or permanent resident spouse is able to financially support the applicant
Once you have completed your forms and gathered your supporting documents, you need to sign your forms and mail them to USCIS (the mailing address is dependent on your residential address, see USCIS for mailing address). Typically, you will mail the I-485 form along with your I-130/I-130A forms together to be processed simultaneously by USCIS
Processing Time
From start to finish, an I-485 application typically takes around 9-18 months to process and for you to receive your decision. In order to learn more about timelines related to the I-485 form, please see our guide detailing all the steps between mailing your application and you receiving your green card.
I-131 - Advance Parole
As a part of applying for your green card, the I-131 advanced parole form, while not required, will give you the added benefit of being able to travel outside of the country while you are waiting for your green card.
If you meet the eligibility requirements for a green card application, then you are able to apply for the added travel benefit
Important components to an I-131 application
- File along with a I-485 application
- Statement of qualification and need for travel
- 2 recent passport photos of the applicant
Once you have completed your forms and gathered your supporting documents, you need to sign your forms and mail them to USCIS (the mailing address is dependent on your residential address, see USCIS for mailing address). You will mail the I-131 form along with your I-130/I-130A/I-485 forms together to be processed simultaneously by USCIS
Processing Time
While the I-485 application typically takes around 9-18 months to process and for you to receive your decision, the I-131 travel permit is issued typically around 9-12 months following the receipt of the application. In order to learn more about timelines related to the I-131 form, please see our guide detailing all the steps between mailing your application and you receiving your green card.
I-765 Work Permit
Similar to the travel permit, the I-765 form, while not required, will give you the added benefit of being able to work legally inside of the US while you are waiting for your green card.
If you meet the eligibility requirements for a green card application, then you are able to apply for the added work benefit
Important components to an I-765 application
- File along with a I-485 application
- 2 recent passport photos of the applicant
Once you have completed your forms and gathered your supporting documents, you need to sign your forms and mail them to USCIS (the mailing address is dependent on your residential address, see USCIS for mailing address). You will mail the I-765 form along with your I-130/I-130A/I-485 forms together to be processed simultaneously by USCIS
Processing Time
While the I-485 application typically takes around 9-18 months to process and for you to receive your decision, the I-765 work permit is issued typically around 6-9 months following the receipt of the application. In order to learn more about timelines related to the I-765 form, please see our guide detailing all the steps between mailing your application and you receiving your green card.
Costs (more of a summary with links to above form sections)
A primary cost involved in filing for a marriage green card from inside the US are the government filing fees which currently total $1,760. The cost of the medical exam will depend on the particular doctor and typically range anywhere from $200-600. Additional costs come from mailing the sizeable application packet to USCIS; if relevant, getting any professional translations done, which are not required but may be beneficial; and getting passport photographs for each of you. Should you choose to work with an attorney, there will also be attorneys fees. Please refer to the specific forms above for individual filing fees as well as our detailed guide on the costs of filing a marriage green card in the US.
Interview process
Every applicant for a green card through marriage must be interviewed by an immigration officer. The interview typically consists of questions about the marriage to make sure you and your spouse are in a genuine relationship and intend to have a life together as well as the eligibility of the applicant.
Both you and your spouse must attend the interview. You will likely be interviewed together though in some cases, the officer may choose to question you separately.
RFE
At any point in the process, if the government wants more information, they will issue a Request for Evidence (“RFE”) with a deadline within which you must respond.
While sometimes it cannot be avoided, we want to help you be as well prepared as possible and minimize the chances of receiving an RFE. It is also critical that you respond to the RFE in the allotted time, otherwise, USCIS will most likely deny your application based on a lack of information.
Timeline
It typically takes between 9-18 months to receive a decision on your case from the time immigration accepts your application. Within this time frame, you will get the receipt notices, complete your biometrics/fingerprint appointment, hopefully receive your interim advance parole (travel permission) and EAD (work authorization), and attend your green card interview. For a more detailed timeline of this process, please refer to Timeline for the marriage green card process from inside the US.
Next Steps
Congratulations! Once you receive your green card, you should check that all information is accurate. If your green card expires in 2 years, which means you are a conditional resident because your marriage is less than 2 years old, you must continue gathering evidence and file to have the condition removed prior to the expiration of your green card.
If you maintain your resident status and are married to and living with a US citizen, you may apply for citizenship on the third anniversary of your green card (technically 90 days before that). Most people must wait for 5 years of residency before applying for citizenship so that is a bonus. For more information on US citizenship, please see our citizenship guide.
