To start the green card process after marriage, the U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS to prove the marriage is real and qualifies the foreign-born spouse for residency.1USCIS. Instructions for Form I-130, Petition for Alien Relative If the sponsoring spouse is a U.S. citizen and the foreign-born spouse is already in the country, Form I-485, the green card application itself, can be filed at the same time. If the foreign-born spouse is overseas, the approved petition moves to a U.S. embassy instead. Everything else follows from those two facts: who is sponsoring, and where the foreign-born spouse lives right now.
Who Can Sponsor and Which Marriages Qualify
Only a U.S. citizen or lawful permanent resident can petition for a spouse.1USCIS. Instructions for Form I-130, Petition for Alien Relative The marriage must be legally valid where it took place, and same-sex marriages qualify on the same terms as opposite-sex marriages.2U.S. Department of State. Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
Some unions do not count no matter where they were performed. USCIS will not recognize polygamous marriages, proxy marriages that were never consummated, or relationships like civil unions and domestic partnerships that were not treated as marriages in the place of celebration.3USCIS. Chapter 2 – Marriage and Marital Union for Naturalization Marriages entered into to evade immigration law are also disqualified, and knowingly doing so is a federal crime carrying up to five years in prison and a fine of up to $250,000.4Office of the Law Revision Counsel. 8 U.S. Code 1325 – Improper Entry by Alien That is why the evidence you gather matters so much: officers are trained to spot couples who do not actually share a life.
Why Citizen or Permanent Resident Status Changes Your Strategy
The sponsor’s status decides how long you wait and whether you can file the green card application right away. Spouses of U.S. citizens are “immediate relatives,” a category with no annual visa cap. There is no waiting list, and the I-130 and I-485 can be filed together, a process called concurrent filing.5U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
Spouses of permanent residents fall into the F2A preference category, which is capped and backlogged. The February 2026 Visa Bulletin listed a final action date of February 1, 2024, for most F2A applicants, meaning people who filed roughly two years earlier were only then reaching the front of the line. Applicants born in India waited even longer.6U.S. Department of State. Visa Bulletin for February 2026 A permanent resident sponsor cannot file Form I-485 concurrently unless a visa number is immediately available under the current bulletin.5U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
If a permanent resident sponsor naturalizes while the petition is pending, the case can be upgraded from F2A to immediate relative, and the wait disappears.2U.S. Department of State. Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
What to Gather Before You File
Assemble your documents before you touch the forms. The petitioning spouse needs proof of U.S. citizenship or permanent residency: a birth certificate, naturalization certificate, or green card. Both spouses need long-form birth certificates showing parental names, plus the official government-issued marriage certificate. The foreign-born spouse also needs a valid passport and recent passport-style photographs.
If either spouse was married before, you must submit proof that every prior marriage legally ended. That means divorce decrees, annulment records, or death certificates for each former spouse.1USCIS. Instructions for Form I-130, Petition for Alien Relative People overlook this constantly, and a missing document here will delay the case.
Evidence That Your Marriage Is Real
USCIS wants documentary proof that you share a life. The strongest pieces are joint bank account statements, a lease or mortgage with both names, property deeds, insurance policies naming your spouse as a beneficiary, utility bills addressed to both of you at the same address, and jointly filed tax returns. The goal is financial and domestic overlap that would be hard to fake.
The Medical Exam
The foreign-born spouse needs an immigration medical exam performed by a USCIS-designated civil surgeon, reported on Form I-693.7U.S. Citizenship and Immigration Services. I-693, Report of Immigration Medical Examination and Vaccination Record Results from a regular doctor will not be accepted.8U.S. Citizenship and Immigration Services. Form I-693, Instructions for Report of Immigration Medical Examination and Vaccination Record You can look up designated civil surgeons on the USCIS website.
The exam checks for certain health conditions and confirms required vaccinations, including mumps, measles, rubella, polio, tetanus, diphtheria, pertussis, hepatitis A and B, varicella, influenza, and others depending on age. Missing an age-appropriate and medically appropriate vaccine makes an applicant inadmissible until they get it. As of January 20, 2025, the COVID-19 vaccine is no longer on the required list.9U.S. Citizenship and Immigration Services. Chapter 9 – Vaccination Requirement Civil surgeons set their own fees.
The Affidavit of Support
The sponsor must file Form I-864, Affidavit of Support, showing household income of at least 125 percent of the federal poverty guidelines. For 2026, that is $27,050 for a household of two, $34,150 for three, and $41,250 for four. Active-duty military sponsoring a spouse only need to hit 100 percent.10U.S. Citizenship and Immigration Services. I-864P, HHS Poverty Guidelines for Affidavit of Support
If income falls short, you have two options. Countable assets such as savings, real estate equity, or investments can make up the gap. Or a joint sponsor can file a separate I-864. A joint sponsor must be a U.S. citizen or permanent resident, at least 18, living in the United States, with income that independently meets 125 percent for the combined household size.11Travel.State.Gov. I-864 Affidavit of Support (FAQs) The affidavit is a legally enforceable contract. If the sponsored immigrant later receives certain public benefits, the government can seek reimbursement from the sponsor.
Filing the Forms
The two core forms are Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. The I-130 establishes the family relationship; the I-485 is the actual green card application.12U.S. Citizenship and Immigration Services. Adjustment of Status A citizen sponsor with a spouse in the United States can file both together. A permanent resident sponsor files the I-130 first and waits for a visa number before filing the I-485.
Accuracy matters more than speed. Inconsistencies between the two forms, or between the forms and your supporting documents, will slow the case down or trigger a formal request for evidence.
You can file the I-130 online through a USCIS account or by mail. The I-485 must be filed on paper.13USCIS. I-130, Petition for Alien Relative If you file the I-130 online, you can still mail the I-485 packet and reference the I-130 receipt number.
Filing Fees
The I-130 fee is $675. The I-485 fee is $1,440 for applicants 14 and older.14U.S. Citizenship and Immigration Services. Filing Fees As of April 2024, work authorization (Form I-765) and advance parole (Form I-131) are no longer bundled with the I-485. Each carries its own fee if you want it while the case is pending.15U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule Pay by personal check, cashier’s check, or money order to the U.S. Department of Homeland Security, or authorize a credit card charge using Form G-1450. Verify current amounts on the USCIS fee calculator before mailing anything.
Where to Send It
Paper filings go to a USCIS Lockbox facility, and the correct address depends on your state and shipping method. Check uscis.gov for the current address. Put the primary forms on top, supporting evidence behind, use tracked shipping, and keep a full copy of everything.
If Your Spouse Lives Abroad
When the foreign-born spouse is outside the country, the case runs through consular processing. The sponsor still files Form I-130 with USCIS, but once it is approved, the file transfers to the Department of State’s National Visa Center rather than staying with USCIS.16U.S. Department of State. NVC Processing
The NVC sends a welcome letter with login credentials for the Consular Electronic Application Center. There the applicant pays fees, uploads civil documents and the Affidavit of Support, and completes the DS-260 immigrant visa application (the overseas counterpart to Form I-485). Once everything is documentarily complete, the NVC schedules an interview at the U.S. embassy or consulate in the spouse’s country.17U.S. Department of State. Immigrant Visas Processing – General FAQs After the interview, the spouse enters the United States on an immigrant visa and receives the green card by mail.
Watch one deadline. If the applicant fails to apply for the immigrant visa within a year of being notified that a visa number is available, the petition can be terminated.16U.S. Department of State. NVC Processing
If Your Spouse Overstayed a Visa
The choice between adjusting status inside the U.S. and consular processing abroad changes drastically if the foreign-born spouse overstayed. Spouses of U.S. citizens classified as immediate relatives can generally adjust status inside the country even after an overstay, as long as the original entry was lawful. The unlawful presence itself does not block a domestic I-485.
Leaving the country is what triggers the penalty. Federal law imposes a three-year reentry bar on anyone unlawfully present for more than 180 days but less than a year, and a ten-year bar for anyone unlawfully present for a year or more. Both bars kick in on departure.18U.S. Citizenship and Immigration Services. Travel Documents Adjusting inside the U.S. avoids the trigger; consular processing does not. If this describes your situation, get professional legal advice before choosing a path.
After You File
USCIS mails Form I-797C, Notice of Action, confirming receipt and issuing a case number you can use to track progress online.19U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Soon after, the foreign-born spouse is scheduled for a biometrics appointment at a local Application Support Center for fingerprints, a photo, and a signature.
Timing shifts with USCIS workload. As of early 2026, I-130 petitions for spouses generally run 12 to 18 months, and I-485 applications average roughly 8 to 14 months. Because citizen-spouse cases are usually filed concurrently, the total wait tends to land in that range rather than adding up. Check the USCIS processing times page for the service center handling your case.
The process ends with an in-person interview at a USCIS field office, typically 20 to 40 minutes. An officer reviews your paperwork and asks questions to confirm eligibility and the authenticity of the marriage. If the officer is satisfied, the case may be approved on the spot; the green card arrives by mail within a few weeks.
The Two-Year Rule for New Marriages
One boundary to know from the start: if you have been married less than two years on the day USCIS grants residency, the green card is conditional, valid for two years instead of ten.20U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage Before it expires, you must file Form I-751 during the 90-day window immediately before the expiration date to convert it to the full ten-year card. Filing too early is rejected; filing late means losing status.21U.S. Citizenship and Immigration Services. When to File Your Petition to Remove Conditions Put the date on your calendar when the conditional card arrives.