An immigrant can marry a U.S. citizen and get a green card, but marriage and the green card are two separate legal steps. The wedding itself is a matter of state law, and immigration status does not disqualify anyone from getting a marriage license. The green card is a federal process with its own eligibility rules, and the path you take depends largely on how you entered the United States.
Getting Married Comes First, and Status Does Not Block It
A county clerk cannot refuse a marriage license because one applicant lacks a visa or a green card. Both people must be legally free to marry, meaning any prior marriage ended in a final divorce, annulment, or death, and both must meet the state’s age rule. Bigamy is a criminal offense everywhere in the country, and every state prohibits marriage between close blood relatives.
At the clerk’s office, the immigrant spouse can present a current foreign passport as photo ID. A U.S. driver’s license or state ID works if you have one. If either person was previously married, bring a certified copy of the divorce decree, annulment order, or death certificate. Once the license is issued and any state waiting period has passed, an authorized officiant performs the ceremony, and the signed license is returned to the clerk for recording. Order several certified copies of the marriage certificate. You will need them for the immigration filing.
The Green Card Path Depends on How You Entered
Marrying a U.S. citizen makes the immigrant spouse an “immediate relative” under immigration law. That matters because immediate relatives do not have to wait for a visa number to become available. What still varies is the route to the green card, and that turns on whether you were inspected and admitted at the border.
If You Entered With Inspection: Adjustment of Status
If you were inspected and admitted to the United States, whether on a visa or through a port of entry, you can usually apply to become a permanent resident without leaving the country. This is called adjustment of status.1Office of the Law Revision Counsel. 8 U.S.C. 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
Spouses of U.S. citizens get a meaningful advantage here. The usual bars that block people who overstayed a visa or worked without authorization from adjusting status do not apply to immediate relatives.2U.S. Citizenship and Immigration Services. Chapter 3 – Unlawful Immigration Status at Time of Filing (INA 245(c)) So if you came in legally on a tourist visa and overstayed by years, you can still adjust status through a U.S. citizen spouse, as long as that first entry was inspected and admitted.
If You Entered Without Inspection: Consular Processing and the Waiver Problem
If the immigrant spouse crossed the border without going through a port of entry, adjustment of status is generally not available. The couple must instead go through consular processing, meaning the immigrant spouse leaves the United States and attends an interview at a U.S. embassy or consulate abroad to receive an immigrant visa.
The trap is that leaving the country can trigger unlawful presence bars. Anyone who accumulated more than 180 days of unlawful presence and then departs faces either a three-year or a ten-year bar on reentry, depending on how long they were unlawfully present. Many couples hit their wall right here.
The provisional unlawful presence waiver, filed on Form I-601A, lets eligible applicants ask for forgiveness for that unlawful presence while still inside the United States, before they leave for the consular interview. To qualify, the applicant must show that denying their admission would cause extreme hardship to their U.S. citizen spouse or parent.3U.S. Citizenship and Immigration Services. Provisional Unlawful Presence Waivers
If You Are Not Married Yet: The K-1 Fiancé Visa
Couples who have not yet married have another option. The K-1 fiancé visa lets a U.S. citizen bring a foreign partner to the United States specifically to get married. The citizen files Form I-129F with USCIS, and once approved, the fiancé attends a visa interview at a U.S. consulate abroad.4U.S. Citizenship and Immigration Services. I-129F, Petition for Alien Fiancé(e)
Two rules make this visa distinct. The couple must have met in person within the two years before filing, unless meeting would violate long-established cultural customs or cause extreme hardship. And the wedding must happen within 90 days of the fiancé’s arrival in the United States.4U.S. Citizenship and Immigration Services. I-129F, Petition for Alien Fiancé(e) Miss the 90-day window and the fiancé must leave the country. After the wedding, the immigrant spouse files for adjustment of status to get the green card.
Filing the Green Card Petition
Whether the wedding happened in the United States or abroad, the process starts with the U.S. citizen filing Form I-130, Petition for Alien Relative, which establishes the family relationship.5Travel.State.Gov. Step 1: Submit a Petition – Section: Immigrant Visa Process If the immigrant spouse is in the United States and eligible to adjust status, the couple can file Form I-485, Application to Register Permanent Residence, at the same time as the I-130. This concurrent filing speeds things up considerably.1Office of the Law Revision Counsel. 8 U.S.C. 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence
Combined filing fees run into the low thousands. USCIS updates its fee schedule periodically, so verify the current amounts on Form G-1055 before mailing anything.6U.S. Citizenship and Immigration Services. G-1055, Fee Schedule After submission, USCIS schedules a biometrics appointment for fingerprints, a photo, and a signature. The final step is an in-person interview. Both spouses attend, and the officer asks questions designed to confirm the marriage is real.
The Sponsor Has to Meet an Income Requirement
The U.S. citizen spouse must file Form I-864, Affidavit of Support, promising to financially support the immigrant above the federal poverty line. The standard threshold is 125% of the current HHS Poverty Guidelines for the sponsor’s household size.7U.S. Citizenship and Immigration Services. Instructions for Form I-864, Affidavit of Support Under Section 213A of the INA Active-duty military members sponsoring a spouse or child need only meet 100%.
For 2026, a household of two in the 48 contiguous states must show annual income of at least $27,050. In Alaska that number is $33,813, and in Hawaii it is $31,113. Each additional household member raises the required amount.8U.S. Citizenship and Immigration Services. I-864P, HHS Poverty Guidelines for Affidavit of Support
If income falls short, assets can fill the gap. For spouses of U.S. citizens, the net value of qualifying assets must equal at least three times the difference between the sponsor’s actual income and the required threshold.9Travel.State.Gov. I-864 Affidavit of Support (FAQs) A joint sponsor, someone willing to accept equal legal responsibility, is another option when the primary sponsor’s income and assets both come up short.
The Medical Exam
Every adjustment applicant must undergo a medical examination by a USCIS-designated civil surgeon, documented on Form I-693.10U.S. Citizenship and Immigration Services. Instructions for Form I-693, Report of Immigration Medical Examination and Vaccination Record The exam screens for communicable diseases like tuberculosis, syphilis, and gonorrhea, checks for conditions that could make someone inadmissible, and reviews vaccinations. Missing shots are administered at the visit.
A Form I-693 signed on or after November 1, 2023, remains valid only while the underlying application is pending. If USCIS denies or the applicant withdraws that application, the medical results expire, and a new exam is required for any future filing.11U.S. Citizenship and Immigration Services. USCIS Changes Validity Period for Form I-693 Signed on or After Nov. 1, 2023 The civil surgeon’s fee is separate from any USCIS filing fee and typically costs several hundred dollars.
Working and Traveling While Your Case Is Pending
Green card processing takes many months. When you file the I-485, you can simultaneously file Form I-765 for an Employment Authorization Document, which lets you work legally while the case is pending.12U.S. Citizenship and Immigration Services. Application for Employment Authorization
Travel is where people make costly mistakes. If you leave the United States while your I-485 is pending without first getting an advance parole document, USCIS will treat your application as abandoned and deny it.13U.S. Citizenship and Immigration Services. Travel Documents A narrow exception exists for applicants who hold certain nonimmigrant statuses, but for most people, leaving without advance parole kills the case. File Form I-131, Application for Travel Document, along with the I-485 and wait for approval before booking any international trip.
Conditional Green Cards and the Two-Year Deadline
If your marriage is less than two years old on the day you receive permanent resident status, your green card will be conditional. It is valid for two years rather than the standard ten.14Office of the Law Revision Counsel. 8 U.S.C. 1186a – Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters
Within the 90-day window before the conditional card expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence.15U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage Missing that window is one of the most damaging errors in the entire process. If the deadline passes without a filing, the conditional resident falls out of status and becomes removable. Waivers of the joint filing requirement exist for divorce, abuse, or a spouse who refuses to cooperate, but they carry a much heavier evidentiary burden.
Marriage Fraud Carries Serious Penalties
USCIS officers are trained to spot marriages arranged solely for immigration benefits, and getting caught is severe. Under federal law, anyone who knowingly enters into a marriage to evade immigration laws faces up to five years in prison, a fine of up to $250,000, or both.16Office of the Law Revision Counsel. 8 U.S.C. 1325 – Improper Entry by Alien That applies to both spouses. Beyond the criminal case, the immigrant spouse faces permanent inadmissibility, meaning no green card and no future entry through any pathway. The in-person interview exists to test whether the couple actually shares a life, so expect detailed questions about daily routines, finances, and living arrangements.