Marriage-Based Green Cards & Adjustment of Status
A marriage-based green card is one of the most common paths to permanent residence — and one where preparation matters. We help couples put together a strong, well-documented case.
The process
Depending on where the spouse lives and their immigration history, the path may run through adjustment of status inside the U.S. or consular processing abroad. Both require proof of a genuine marriage and careful attention to the interview and the paperwork.
How we help
We prepare the petition and the evidence of a bona fide marriage, get you ready for the interview, and address any complications early. Start with a consultation.
Frequently asked questions
How do I get a green card through marriage?
Generally, your U.S. citizen or permanent resident spouse files a petition to establish the marriage, and then you apply for permanent residence either inside the U.S. or through a consulate abroad. The government reviews whether your marriage is genuine and whether you are otherwise eligible before approving the green card.
Can I get a green card if I marry a green card holder instead of a citizen?
Yes, permanent residents can petition for a spouse, but the process may involve a wait because spouses of residents fall into a family-preference category with annual limits. Spouses of U.S. citizens are immediate relatives and generally do not face that line. A consultation can explain the timing for your situation.
How long does a marriage green card take?
Timelines vary based on whether your spouse is a citizen or resident, whether you apply inside or outside the U.S., and current agency workloads. An attorney can give you a realistic estimate for your particular case.
How much does a marriage-based green card cost?
There are several government fees across the different stages of the process, and they can change over time. The total also depends on your path, so it helps to plan for the full process rather than a single fee.
What proves a bona fide marriage?
Officials look for evidence that you built a life together, such as joint bank accounts, a shared lease or mortgage, insurance listing each other, photos over time, travel together, and children if you have any. No single document is required; the goal is a consistent picture that your marriage is real and not just for immigration.
What happens at the marriage green card interview?
An officer will typically review your documents and ask questions about your relationship and daily life to confirm the marriage is genuine. Being honest, prepared, and consistent is key. An attorney can help you get ready so you feel confident going in. Se habla espanol.
Will we be asked separately in different rooms at the interview?
Most couples are interviewed together, but if an officer has concerns, they may conduct separate interviews (sometimes called a “Stokes” interview) to compare answers. This is not common for every couple, and preparing honestly for questions about your life together is the best approach.
What is conditional residence?
If your marriage is less than two years old when you are approved, you generally receive a green card that is conditional for two years rather than a full ten-year card. You must later take a step to remove those conditions to keep your permanent status.
What is Form I-751 and when do I file it?
Form I-751 is the petition to remove the conditions on residence, generally filed jointly with your spouse in the 90-day window before your conditional card expires. Approval gives you a ten-year permanent resident card.
Can I remove conditions if my spouse and I have divorced?
Yes, in many cases you can request a waiver of the joint-filing requirement if the marriage was genuine but ended in divorce, or in situations involving abuse or extreme hardship. These waivers are fact-specific, so it is wise to review your evidence with an attorney.
Can I get a marriage green card if I entered the U.S. without inspection?
It depends. If your spouse is a U.S. citizen, entering without inspection can complicate adjusting status inside the U.S., and you may need a different path or a waiver. This is a common but complex situation, and a consultation can tell you which options may apply to you.
Do I need a lawyer for a marriage-based green card?
It is not required, but the process involves evidence-gathering, an interview, and rules where errors can cause delays or denials. An attorney can help present your case clearly and prepare you for the interview. Remember that only a licensed attorney or accredited representative can give legal advice, not a notary or “notario.”
Can I work while my marriage green card is pending?
If you are applying from inside the U.S., you can generally request a work permit (employment authorization) while your case is pending, though it takes time to be approved. A consultation can explain what applies based on your specific path.
Can I travel outside the U.S. while my marriage green card is pending?
If you are adjusting status inside the U.S., leaving the country without the proper travel document can put your application at risk. Many applicants request advance permission to travel before making any plans. Talk to an attorney before booking travel to protect your case.
What if my marriage green card is denied?
A denial can happen for many reasons, from missing evidence to concerns about eligibility, and your options depend on the specifics — you may be able to refile, appeal, or address the issue. Understanding the reason is the first step, and a consultation can help you plan the next one.
Can I get a green card if I married someone of the same sex?
Yes. Same-sex marriages are treated the same as opposite-sex marriages for U.S. immigration purposes, as long as the marriage was legally valid where it took place and is genuine. The same evidence of a real relationship applies.
Does a prior marriage affect my marriage green card?
It can, because officials will want to see that any earlier marriages were legally ended before your current one and that your current marriage is genuine. Having clear divorce or death records for prior marriages helps avoid delays.
What if there is a big age gap or we don’t share a language?
Differences like age, language, culture, or how you met do not disqualify a marriage, but they may prompt an officer to look more closely. Strong, consistent evidence that you share a real life together is what matters most, and an attorney can help you present it well.
Can my spouse’s children get status through our marriage?
In many cases, stepchildren can benefit if the marriage was created before the child turned 18 and other requirements are met. Each child’s situation is separate, so it’s worth confirming eligibility with an attorney.
Is my information safe if I share a difficult situation like abuse?
Conversations with a licensed attorney are confidential, and U.S. law provides certain protections for people who experienced abuse, including options that do not depend on the abusive spouse. If this is your situation, please know help is available, and you can speak with someone privately. Se habla espanol.
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.