Green card marriage in United States
“This type of visa will allow you to obtain the Green Card for you,
— Brian D. Lerner, Los Angeles Immigration Lawyer
Your spouse and your unmarried children under 21 years old.
You can get the Immigration Green Card by marriage if the marriage is bona-fide. The immigration services done by our law office will be to prepare the petition so that the foreign national will have the end goal of becoming a lawful permanent resident.”
Marriage Petition for Immigration: From Filing to the Green Card
A marriage-based case starts with proving a real, ongoing marriage—not just paperwork. The U.S. citizen or lawful permanent resident files Form I-130 (Petition for Alien Relative) to establish the relationship. From there, the path splits:
If the spouse is in the U.S. and eligible:
File Form I-485 (Adjustment of Status) with the I-130 (often together) plus I-864 Affidavit of Support, I-693 medical, and I-765/I-131 for work/travel while the I-485 is pending. You must show lawful admission (or an exception), no disqualifying bars, and that you’re admissible or waiver-eligible.
If the spouse is abroad:
Consular processing follows I-130 approval through NVC: pay fees, submit the DS-260, civil documents, police certificates, and the I-864. The spouse attends a medical exam and a U.S. consulate interview.
Proving a bona fide marriage
Submit joint evidence: lease/mortgage, bank and credit statements, tax returns, insurance, utility bills, photos with family/friends, messages, travel records, and affidavits. Be consistent on names, addresses, and dates across all forms.
Financial sponsorship
The petitioner must meet income at or above 125% of Federal Poverty Guidelines (100% if active-duty military sponsoring a spouse). A joint sponsor can help if needed. Include tax transcripts, W-2s, and proof of current income.
Conditional residence
If the marriage is under two years at approval, the immigrant receives a two-year conditional green card. File Form I-751 in the 90-day window before expiration with updated evidence of a continued marriage—or request a waiver (divorce, abuse, or hardship) if filing alone.
Common hurdles
- Prior overstays/entries without inspection, public-charge issues, or criminal/immigration history may require I-601/I-601A waivers.
- Inconsistent testimony at interviews; rehearse timelines and major life events.
- Marriage fraud is a permanent bar—never submit staged evidence.
Pro tips
Keep a case binder, update USCIS with AR-11 after moves, monitor deadlines, and bring originals to interviews. With a decision-ready file, marriage petitions can deliver lawful status, work authorization, and—ultimately—citizenship.
