Who this is for
- Spouses of U.S. citizens, who are "immediate relatives" and generally do not wait for a visa number.
- Spouses of green card holders, who fall in the F2A preference category and may need to wait until the Visa Bulletin shows a visa is available.
- Couples in a legally valid marriage entered into for a real relationship, not only to obtain immigration benefits.
- Spouses living in the U.S. who may be able to adjust status, depending on how they entered and their immigration history.
- Spouses living abroad, who usually go through the National Visa Center and a consular interview.
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-130 | Petition for Alien Relative | Filed by the U.S. citizen or permanent resident spouse to establish the qualifying marriage. |
| I-130A | Supplemental Information for Spouse Beneficiary | Filed together with the I-130 to give background information about the foreign spouse. |
| I-485 | Application to Register Permanent Residence or Adjust Status | The green card application for a spouse who is applying from inside the U.S. |
| I-864 | Affidavit of Support Under Section 213A of the INA | The sponsoring spouse's legally binding promise to financially support the immigrant, often with a joint sponsor if income is too low. |
| I-693 | Report of Immigration Medical Examination and Vaccination Record | The medical exam completed by a USCIS-designated civil surgeon, generally submitted with the I-485. |
| DS-260 | Immigrant Visa Electronic Application | The State Department application a spouse abroad completes for an immigrant visa. |
Step by step
- File the I-130 petitionThe U.S. spouse files Form I-130 with Form I-130A and proof of status and of the marriage. Spouses of U.S. citizens in the U.S. can often file the I-485 at the same time.
- Check visa availability if the sponsor is a permanent residentSpouses of green card holders generally must wait until their priority date is current in the Visa Bulletin before the next step.
- Inside the U.S.: file the I-485 packageThe foreign spouse files Form I-485 with the affidavit of support, medical exam and supporting documents, and can also request a work permit and travel document.
- Abroad: complete National Visa Center processingAfter I-130 approval, the case moves to the National Visa Center, where fees are paid and the DS-260, affidavit of support and civil documents are submitted.
- Attend biometrics and the interviewApplicants usually give fingerprints and photos, and many couples are interviewed together by USCIS or a consular officer about their relationship.
- Receive the green cardIf approved, the spouse becomes a permanent resident. If the marriage was less than two years old on that date, the card is conditional and lasts two years.
Documents usually requested
- Marriage certificate
- Proof of the U.S. spouse's citizenship or green card (passport, naturalization certificate or green card)
- Divorce decrees or death certificates ending any prior marriages of either spouse
- Birth certificate and passport of the foreign spouse
- Evidence the marriage is genuine, such as a joint lease or mortgage, joint bank accounts, insurance, photos over time and communication
- Sponsor's recent federal tax returns and proof of income for the affidavit of support
- Passport-style photos
- Proof of lawful entry, such as an I-94 record, for applicants inside the U.S.
- Police certificates from countries of residence (generally for consular processing)
How long it takes
Timing depends on whether the sponsor is a citizen or permanent resident, whether the case is processed in the U.S. or abroad, the USCIS office or consulate handling it, and whether more evidence is requested. Check current estimates at egov.uscis.gov/processing-times/ and the Visa Bulletin for F2A cases.
Government filing fees
Forms I-130, I-485, and (when requested) I-765 and I-131 each carry a USCIS filing fee, and consular cases also pay State Department fees and a USCIS immigrant fee. Fees are set by USCIS and the State Department and change, so check the fee schedule at uscis.gov/g-1055 before filing.
Working and traveling while you wait
Spouses with a pending I-485 can generally apply for a work permit (Form I-765) and advance parole (Form I-131). Leaving the U.S. without advance parole while the I-485 is pending can, in many cases, cause the application to be treated as abandoned.
Common mistakes to avoid
- Sending little evidence that the marriage is real beyond the marriage certificate.
- Leaving the U.S. while the I-485 is pending without first getting advance parole.
- Submitting an affidavit of support that does not meet the income requirement and has no joint sponsor.
- Leaving out or misstating past marriages, immigration violations or arrests on the forms.
- Assuming everyone in the U.S. can adjust status, when entry method and history can make consular processing the only option.
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Can I work while my marriage green card is pending?
Generally yes, if you are applying inside the U.S. and request a work permit with Form I-765. You usually cannot work on the pending I-485 alone; you need the approved work permit card unless you already have work authorization from another status.
Do we have to do an interview?
Many marriage cases include an interview, though USCIS may waive it in some cases. The officer usually asks both spouses about how they met, their daily life and their plans to confirm the marriage is genuine.
What is the difference between a citizen spouse and a resident spouse petition?
Spouses of U.S. citizens are immediate relatives and are not limited by annual visa numbers, while spouses of green card holders are in the F2A category and may have to wait for a visa number. If the permanent resident spouse becomes a citizen, the case can generally be upgraded to immediate relative.
Why did I get a two-year green card?
You receive a conditional two-year green card if you had been married less than two years on the day you became a permanent resident. You generally must file Form I-751 in the 90 days before it expires to remove the conditions.
Can I apply inside the U.S. if I overstayed my visa?
It depends on your situation. Some spouses of U.S. citizens who entered lawfully may still be able to adjust status, while people who entered without inspection often cannot, and USCIS has recently emphasized officer discretion in adjustment cases; an attorney can review your history.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.