Who qualifies
You qualify if you are legally married to a U.S. citizen or lawful permanent resident, and the marriage was entered in good faith. Same-sex marriages are recognized on the same terms. Common-law marriages qualify only if valid under the law of the jurisdiction where the couple resided. Marriages entered while the foreign spouse is in removal proceedings face heightened scrutiny under the Marriage Fraud Amendments.
Eligibility requirements
- Legally valid civil marriage (religious ceremony alone is not enough).
- Both spouses free to marry at the time — all prior marriages legally terminated.
- U.S. citizen or LPR sponsor meeting the I-864 income threshold.
- Foreign spouse admissible under INA §212(a) or eligible for a waiver.
- For AOS inside the U.S.: last entry was on a valid visa (INA §245(a)) or the applicant qualifies under §245(i).
Step-by-step process
- 1
I-130 petition
U.S. spouse files Form I-130 with civil marriage certificate, evidence of bona fide relationship, and proof of the petitioner's status.
- 2
Concurrent I-485 (if inside U.S.)
For immediate-relative cases, the foreign spouse can file I-485, I-765 (work permit) and I-131 (advance parole) at the same time as I-130.
- 3
Biometrics & work permit
Biometrics in 4–8 weeks; I-765 EAD typically issued in 4–8 months.
- 4
Interview
Both spouses attend a USCIS field-office interview (AOS) or the foreign spouse attends a consular interview abroad. Officers focus on the authenticity of the relationship.
- 5
Green card issued
If married less than 2 years at approval, a 2-year conditional green card is issued (CR-1 / CR-6). Otherwise, a 10-year unconditional card.
- 6
I-751 removal of conditions
Conditional residents must file Form I-751 jointly within the 90 days before the card expires. Divorce or abuse waivers exist.
Required documents
- Civil marriage certificate (translated if not in English)
- Prior divorce or death certificates for all previous marriages
- Joint lease or mortgage, joint bank statements, joint utility bills
- Joint tax returns and joint insurance policies
- Photos with dated context across the relationship — courtship, wedding, travel, family events
- Affidavits from friends and family attesting to the relationship
- Sponsor's I-864, three years of tax transcripts and current pay stubs
- Passport, birth certificate, police clearances, medical exam
Processing times
AOS cases for spouses of U.S. citizens now complete in 10–16 months at most field offices, sometimes faster where interviews are waived. Consular CR-1/IR-1 processing runs 12–15 months. F2A cases for spouses of LPRs are currently close to current under the Visa Bulletin — expect 24–30 months.
Costs and fees
| I-130 filing fee | $675 paper / $625 online |
| I-485 adjustment package | $1,440 |
| I-765 work permit (if not bundled) | $260 (or $0 filed with I-485) |
| I-751 removal of conditions | $750 |
| Consular DS-260 | $325 + $120 AoS review |
| Medical exam | $200–$500 |
Pros and cons
Pros
- Spouses of U.S. citizens face no visa cap — no priority-date wait.
- AOS filers get work and travel authorization within months of filing.
- Same-day approval is possible for well-documented interviews.
- Path to U.S. citizenship after just three years of permanent residence.
Cons
- Marriage cases face the most fraud scrutiny of any Green Card category.
- Two-year conditional card requires a second filing and evidence refresh.
- Divorce, separation or abuse during conditional period requires waiver evidence.
- Prior overstays or visa fraud can bar adjustment without a waiver.
Frequently asked questions
How much evidence do I need to prove a bona fide marriage?+
Aim for at least ten pieces of independent evidence covering finances, cohabitation, family integration, and the passage of time: joint accounts, joint lease, joint insurance, tax returns, photos across dates, travel records, texts, and third-party affidavits.
Can I work while my marriage Green Card is pending?+
Yes, if you filed I-485 with I-765. The EAD (work permit) is typically issued in 4–8 months and remains valid throughout the pending I-485.
What is the difference between CR-1 and IR-1?+
Both are issued to spouses of U.S. citizens. CR-1 (Conditional Resident) applies when the marriage is under two years at the time the green card is granted; IR-1 (Immediate Relative) applies when the marriage is already two years old and gives a 10-year unconditional card.
Do we have to attend the interview together?+
Yes for AOS marriage-based cases. USCIS routinely conducts joint interviews and, in cases with weak paper evidence, may separate the couple for a Stokes interview with parallel questions.
What happens if we divorce during the conditional period?+
You can file I-751 with a good-faith marriage waiver, providing evidence the marriage was bona fide even if it did not last. Approval depends on the strength of pre-divorce documentation.
EntryNest tools that help
- Use the Document Review tool to test whether your evidence packet meets USCIS bona fide standards.
- Run the Interview Prep tool for a realistic Stokes-style rehearsal.
- The Timeline Planner projects AOS field-office speed for your specific city.