Green Card Through Marriage: What You Need to Know

Your step-by-step guide to the marriage-based green card process, citizenship, and everything in between

Getting a green card through marriage is one of the most common ways for a foreign national to become a lawful permanent resident in the United States. If you're navigating the complex world of spouse immigration to the U.S., this guide will walk you through each critical stage—from petition to naturalization—using language you can understand and insights you actually need.

Understanding the marriage-based green card process

A marriage-based green card allows the immigrant spouse of a U.S. citizen or permanent resident to live and work legally in the United States. The process involves verifying that your marriage is legitimate, filing the right documents, and meeting all Family Immigration requirements.

Whether you’re applying from within the U.S. (via Deportation Defense) or abroad (via consular processing through the National Visa Center), the foundation is the same: You must prove your marriage is entered into in good faith, not just for immigration benefits.

Step-by-step guide to applying for a marriage green card

1. File the petition (Form I-130)

The U.S. citizen or green card holder (the petitioner) must file a Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). This is the start of your spousal visa application.

Key documents include:

• Marriage certificate

• Birth certificates of both spouses

• Passports

• Proof of citizenship or permanent residency

• Photographs

• Evidence of a real marriage (joint bank accounts, lease, tax returns, photos, messages)

2. Wait for USCIS receipt and approval

After USCIS receives your petition, you'll get a receipt notice. Processing times vary depending on the visa bulletin, relationship, and location. If something is missing or unclear, a Request for Evidence (RFE) may be issued.

3. Move forward with consular processing or adjustment of status

If the immigrant spouse is already in the U.S., they may qualify for related immigration benefits, including a work permit. If abroad, the case goes through consular processing at the National Visa Center.

Evidence and documentation: The burden of proof

Immigration officers are trained to detect fraud, which is why the burden of proof is on the couple to prove their marriage is real. You must show evidence of a good faith relationship.

Accepted documentation includes:

• Joint bank accounts and credit cards

• Shared insurance policies

• Lease agreements or mortgage statements

• Children’s birth certificates

• Vacation photos, messages, language of communication

Failure to provide adequate proof can lead to a Stokes interview, a more intense questioning of both spouses. A lawyer familiar with Immigration Law Services can help you prepare for this.

Financial responsibilities and affidavits

The U.S. spouse must submit an Affidavit of Support (Form I-864), proving they meet income guidelines. You’ll need recent tax returns, income statements, and possibly asset proof.

Medical and background checks

The foreign national must undergo a medical examination by a USCIS‑approved civil surgeon, provide biometrics, and pass a criminal background check. This helps USCIS screen for any disqualifying issues, including certain crimes, health conditions, or prior civil litigation matters.

The marriage green card interview

This occurs either at a USCIS office or at a U.S. embassy or consulate abroad. You’ll need:

• Originals and copies of submitted documents

• Updated evidence of your shared life

• Valid passport, ID, and a work permit if applicable

Conditional green cards and removal of conditions

If you’ve been married less than two years at the time of approval, your green card is conditional. You must file Form I‑751 jointly with your spouse to remove conditions before expiration.

From green card to citizenship

After three years of holding a green card and maintaining a bona fide marriage with a U.S. citizen, you may apply for Naturalization.

Requirements include:

• Proving good moral character

• Passing the civics and English test

• Filing Form N‑400

• Attending a final interview

That path leads to U.S. citizenship—allowing you to sponsor family, vote, and hold an American passport.

Common complications (and how a lawyer can help)

Issues like divorce, death of a spouse, annulment, or inconsistent documents can complicate your case. A skilled immigration attorney can help file waivers, respond to an RFE, or pursue legal remedies such as a writ of mandamus.

Conclusion: What to remember about gaining citizenship through marriage

Applying for a green card through marriage is complex—but with proper planning and expert legal guidance, you can move confidently from visa application to permanent residency and eventually to U.S. citizenship.

Still have questions? Contact Gorostiaga Law. We also assist with Business Immigration, Business Litigation, Civil Litigation, and Commercial Litigation.