How to Obtain Green Card Through Marriage
Getting a Green Card through marriage is one of the most common ways to become a lawful permanent resident of the United States. For many couples, this process represents not only legal stability but also the chance to build a shared future without fear of separation. However, the path to obtaining a marriage-based Green Card can be complex. At Immigration Universe Attorneys, we help couples navigate every step with clarity and confidence.
What Is a Marriage-Based Green Card?
A marriage-based Green Card allows a foreign spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. It proves that the marriage is genuine and not entered into solely for immigration purposes.
There are two main categories:
- Spouse of a U.S. citizen – This process is generally faster because visa numbers are always available.
- Spouse of a lawful permanent resident (Green Card holder) – The process may take longer since applicants must wait for a visa number under the family-based preference category.
In both cases, the U.S. petitioner must prove a legitimate relationship through official documents, shared financial records, and photos or communication evidence.
Who Can Apply for a Green Card Through Marriage?
To qualify, both spouses must meet specific eligibility requirements:
- The marriage must be legally valid and recognized in the place where it occurred.
- The marriage must be genuine (bona fide), not arranged solely to obtain immigration benefits.
- The U.S. citizen or lawful permanent resident must file Form I-130 (Petition for Alien Relative) on behalf of their spouse.
- The foreign spouse must meet admissibility requirements under U.S. immigration law.
Applicants must also submit civil documents such as birth certificates, marriage certificates, passports, and proof of lawful entry to the U.S. (if applicable).
Step-by-Step Process to Obtain a Green Card Through Marriage
Obtaining a Green Card through marriage involves several stages. Each must be handled carefully to avoid delays or denials.
| Step | Form | Description | Average Time |
| 1 | I-130 | Petition for Alien Relative | 9–12 months |
| 2 | I-485 / DS-260 | Adjustment of Status (if inside the U.S.) or Consular Processing (if abroad) | 12–18 months |
| 3 | Biometrics & Interview | Background checks and personal interview | Varies by case |
| 4 | Green Card Issuance | Conditional or Permanent Residence granted | After approval |
1. Filing Form I-130
This form establishes the family relationship between the U.S. citizen or resident and their spouse. USCIS requires supporting evidence such as a marriage certificate, photos, and proof of a genuine relationship.
2. Adjustment of Status or Consular Processing
- Adjustment of Status (Form I-485): For spouses already in the U.S. with a valid visa.
- Consular Processing (Form DS-260): For those living abroad who must complete the process through a U.S. embassy or consulate.
3. Biometrics and Interview
Both spouses will attend an interview, either in the U.S. or abroad. USCIS officers evaluate whether the marriage is real by reviewing documentation and asking personal questions.
4. Receiving the Green Card
If the marriage is less than two years old at the time of approval, the spouse will receive a conditional Green Card valid for two years. If the marriage is over two years old, a permanent Green Card (valid for ten years) will be issued.
Conditional vs. Permanent Green Card
Conditional Green Card
A conditional Green Card is valid for two years and applies to marriages less than two years old at the time of approval. Before it expires, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) to prove the marriage is still genuine.
Permanent Green Card
After conditions are removed, the spouse receives a 10-year Green Card, renewable indefinitely, and may later apply for U.S. citizenship after meeting residency requirements.
How to Avoid Common Mistakes During the Process
Many marriage-based applications are delayed or denied due to simple errors. Below are the most frequent mistakes and how to prevent them:
- Incomplete or incorrect forms: Always double-check your applications before submission.
- Insufficient evidence of marriage: Include a wide range of supporting documents, such as photos, joint bank accounts, leases, or tax returns.
- Inconsistent information: Any mismatch in dates, addresses, or personal details can trigger a Request for Evidence (RFE).
- Failure to attend interviews or respond to USCIS notices: Missing deadlines can lead to case termination.
- Not seeking professional help: A qualified immigration attorney can guide you and avoid unnecessary delays.
At Immigration Universe Attorneys, we provide step-by-step support to ensure your case is accurate, complete, and compelling.
Why Choose Immigration Universe Attorneys
Our firm was founded by Attorney Ileana Rivera, who has over ten years of experience practicing exclusively in U.S. immigration law. She is an active member of the American Immigration Lawyers Association (AILA) and has helped hundreds of couples successfully obtain their marriage-based Green Cards.
When you work with our team, you can expect:
- Personalized guidance: Every case is reviewed directly by Attorney Rivera.
- Transparent communication: You’ll understand your options, timeline, and fees from day one.
- Full bilingual service: We assist clients in English, Spanish, and Portuguese.
- Commitment to your success: We focus on family unity and your peace of mind throughout the process.
If you are in Orlando or anywhere in the U.S., our team can help you start your marriage-based immigration journey with clarity and confidence.
To explore related legal services, visit our Immigration Services page.
Frequently Asked Questions (FAQs)
How long does it take to get a marriage-based Green Card?
The process typically takes between 12 and 24 months, depending on whether the foreign spouse is applying inside or outside the United States.
Can I apply for a Green Card if I married a permanent resident?
Yes. However, you may have to wait for a visa number to become available under the family-based preference category before proceeding with your application.
What happens if I divorce before getting my Green Card?
If a divorce occurs before the Green Card is approved, USCIS may deny the petition unless you qualify for a specific waiver, such as a VAWA or hardship exemption.
Do I need to prove my marriage is genuine?
Yes. USCIS requires substantial evidence of a bona fide marriage, such as photos, shared bills, or affidavits from friends and family.
When can I apply for citizenship after getting my marriage-based Green Card?
If you are married to a U.S. citizen, you can apply for naturalization after three years of continuous residence, provided you meet all other eligibility requirements.
Schedule Your Confidential Consultation
Let our team help you understand your rights and legal options.
Phone: +1 (407) 818-1244
Email: service@immigration-uni.com
Address: 7901 Kingspointe Blvd, Ste. 8, Orlando, FL 32819
WhatsApp: +1 (407) 720-8983
