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Green card through marriage: the forms, the fees and the steps

A marriage green card starts with a Form I-130 petition ($675 on paper), then runs either through adjustment of status inside the United States (Form I-485, $1,440) or an immigrant visa from abroad (State Department fees $325 plus the $235 USCIS immigrant fee). A marriage less than 24 months old when status is granted produces a two-year conditional green card, which must be removed with Form I-751 ($750) in the 90 days before the second anniversary.

The phrase "marriage green card" covers more than one legal route. The petition comes first and is the same in most cases. After that the path splits depending on where the spouse is and what the law lets them do. Then comes the interview, possibly a conditional card, and a second filing two years later.

This page maps the process as the regulations and statutes set it out, with the fees as they appear in the eCFR at 1 October 2026. It does not tell any couple which route fits or whether the case is strong. Whether a spouse can adjust status inside the United States, whether a waiver is needed, and how to document a marriage are decisions that a licensed attorney or a DOJ-accredited representative makes after reading the actual papers. Related pages go deeper on each stage: the I-130 fee, the I-485 fee, the interview, the I-751, the affidavit of support and the denial pages.

Fees on this page are paper fees. 8 CFR 106.1(g) says that, unless otherwise provided, the fee for forms filed online is "$50 lower" than the paper fee. Before paying, check the current USCIS fee schedule (Form G-1055); USCIS can also require online filing for some forms under an interim final rule published at 91 FR 51924 on 11 August 2026, so read the instructions for the form.

Two kinds of marriage petition: citizen spouse or permanent resident spouse

Who the sponsoring spouse is matters from the start. 8 CFR 204.2(a)(1) says: "A United States citizen or alien admitted for lawful permanent residence may file a petition on behalf of a spouse." The statute gives the citizen's version at 8 U.S.C. 1154(a)(1)(A)(i).

The difference between the two is numbers. The spouse of a US citizen is an "immediate relative". The statute defines the term: "the term 'immediate relatives' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age" (8 U.S.C. 1151(b)(2)(A)(i)). USCIS explains the effect: "Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available."

The spouse of a permanent resident falls in the second family preference, which is capped. 8 U.S.C. 1153(a)(2) allocates visas to "the spouses or children of an alien lawfully admitted for permanent residence", and USCIS says the numerically limited categories "are not always immediately available." That is where the priority date and the monthly Visa Bulletin come in; the page on reading the Visa Bulletin explains the mechanics. The rest of this page is written mainly around the citizen-spouse path, and notes where the permanent-resident path differs.

A widow or widower who was married to a citizen is a special case: the statute keeps immediate-relative status if the spouse "files a petition under section 1154(a)(1)(A)(ii) of this title within 2 years" of the citizen's death. Spouses who are abused have self-petition rules, covered on the VAWA page.

Step 1: the Form I-130 petition

The petition is Form I-130, Petition for Alien Relative. 8 CFR 106.2(a)(6) sets the fee at $675. For a family-based petition the I-130 asks USCIS to decide that the relationship exists and qualifies. It does not itself give any immigration status.

Three things the I-130 fixes: - The relationship. Whether a valid marriage exists, whether earlier marriages ended, and whether the petitioner has the status claimed. - The classification. Immediate relative or a preference category. - The priority date. USCIS says: "For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS." 8 CFR 245.1(g)(2) says the same thing in regulatory language: the priority date "shall be fixed by the date on which such approved petition was filed."

The regulations also set out rules that can stop an approval. Among them: - Prior marriages of a permanent resident petitioner. Under 8 CFR 204.2(a)(1)(i), a petition by a permanent resident spouse "may not be approved if the marriage occurred within five years of the petitioner being accorded the status of lawful permanent resident based upon a prior marriage" to a citizen or permanent resident, unless the petitioner shows "by clear and convincing evidence" that the earlier marriage "was not entered into for the purposes of evading the immigration laws", or that the earlier marriage ended through death. - Marriage fraud. The statute says: "no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws" (8 U.S.C. 1154(c)). 8 CFR 204.2(a)(1)(ii) says a petition will be denied "for any alien for whom there is substantial and probative evidence of such an attempt or conspiracy". - Marriage during removal proceedings. 8 CFR 204.2(a)(1)(iii): a petition "shall not be approved if the marriage creating the relationship occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings", with an exemption that can be requested in writing with the I-130 and requires documents showing the marriage was entered into in good faith.

Where the regulations list evidence of a genuine marriage, they name joint ownership of property, a lease showing joint tenancy of a common residence, commingling of financial resources, birth certificates of children, and sworn affidavits from people with personal knowledge. Those lists appear in the paragraphs on prior marriages and marriage during proceedings, where the bona fides are the question, and the form instructions give the initial evidence for the I-130 itself.

Step 2: adjustment of status or consular processing

After the I-130, a spouse who is already in the United States and a spouse who is abroad take different legal tracks. A fuller comparison is on the adjustment-versus-consular-processing page. In outline:

Adjustment of status (inside the United States). The statute lets USCIS adjust the status of "an alien who was inspected and admitted or paroled into the United States" if the person applies, "is eligible to receive an immigrant visa and is admissible to the United States for permanent residence", and "an immigrant visa is immediately available to him at the time his application is filed" (8 U.S.C. 1255(a)). The application is Form I-485. 8 CFR 245.2(a)(2) says an I-485 for an immediate relative may be filed "whether submitted concurrently with or subsequent to the visa petition". Fee: $1,440 for an applicant 14 or older (8 CFR 106.2(a)(21)). The work permit (Form I-765) is $260, rather than $520, for an applicant who filed the I-485 with a fee after 1 April 2024 and whose I-485 is still pending (8 CFR 106.2(a)(44)(i)); Form I-131 for travel permission is $630 (106.2(a)(7)(iii)).

Consular processing (from abroad). The spouse applies for an immigrant visa at a US consulate with Form DS-260. 22 CFR 42.63(a)(1) says every immigrant visa applicant must apply "on Form DS-230 ... or on Form DS-260", and 22 CFR 42.62 requires a personal appearance and an interview. The State Department fee for an immediate-relative or family-preference application is $325 per person (22 CFR 22.1, item 32(a)). After the visa is issued, there is a USCIS immigrant fee of $235 (8 CFR 106.2(c)(3)).

Arithmetic only, for a single adult applicant, paper fees, ignoring medical exams, translations, document fees and any lawyer's fees: - Adjustment route: I-130 $675 + I-485 $1,440 = $2,115. Adding the work permit ($260) and travel document ($630) brings it to $3,005. - Consular route: I-130 $675 + DS-260 $325 + USCIS immigrant fee $235 = $1,235. 22 CFR 22.1, item 34, adds an affidavit of support review fee of $120 "only when reviewed domestically", which would make it $1,355.

The fee schedule changes. The USCIS notice for 16 October 2026 and the final rule for 30 November 2026 do not alter the I-130, I-485 or I-751 fees; the page on the October–November changes lists what does change. For the same reason, treat these numbers as dated 10 October 2026 and check Form G-1055 before paying.

The financial sponsorship form: I-864

Family-based immigrants generally need a sponsor to show that they will not become a public charge. The statute makes a public-charge finding a ground of inadmissibility: an alien who "in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible" (8 U.S.C. 1182(a)(4)(A)).

The Form I-864, Affidavit of Support, is how that is addressed in a family case. 8 CFR 106.2(a)(55) lists no USCIS fee for it. The page on the I-864 covers its contents. Separately, DHS rescinded its 2022 public charge regulations, effective 18 September 2026 (91 FR 45324), which is covered on the public-charge page.

The interview and what happens at it

Both routes include an interview. For adjustment, 8 CFR 245.6 says: "Each applicant for adjustment of status under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is clearly ineligible under section 245(c) of the Act or § 245.1 of this chapter; or when it is determined by the Service that an interview is unnecessary." For consular cases, 22 CFR 42.62(b)(1) says every applicant must be interviewed by a consular officer, who decides two things: "The proper immigrant classification, if any, of the visa applicant" and "The applicant's eligibility to receive a visa."

Everyone also needs a medical examination: by a designated civil surgeon for adjustment (8 CFR 245.5) or by a panel physician for a visa (22 CFR 42.66).

What happens if an interview is missed, what the officer may ask, and what the possible outcomes are is covered on the marriage green card interview page. Time limits matter at this stage. USCIS and the State Department can issue a Request for Evidence or a Notice of Intent to Deny; 8 CFR 103.2(b)(8)(iv) says "in no case shall the maximum response period provided in a request for evidence exceed twelve weeks, nor shall the maximum response time provided in a notice of intent to deny exceed thirty days", and that "Additional time to respond ... may not be granted."

Conditional residence: the two-year card and Form I-751

A green card obtained through a marriage that is less than two years old at the time is conditional. The statute defines the person this affects as someone who obtains permanent residence as an immediate relative spouse of a citizen "by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage" (8 U.S.C. 1186a(h)(1)). The statute also says such a person "shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis".

The conditional resident then must file Form I-751 jointly with the spouse. 8 CFR 216.4(a)(1) says: "Within the 90-day period immediately preceding the second anniversary of the date on which the alien obtained permanent residence, the alien and the alien's spouse who filed the original immigrant visa petition ... must file a Petition to Remove the Conditions on Residence (Form I-751)". The fee is $750 (8 CFR 106.2(a)(43)).

Arithmetic only: if status is granted on 1 December 2026, the second anniversary is 1 December 2028, and the 90 days before it start in early September 2028.

The consequences of missing the window are in the regulation: "Failure to properly file Form I-751 within the 90-day period ... shall result in the automatic termination of the alien's permanent residence status and the initiation of proceedings to remove the alien from the United States." Notices are not a defense: 8 CFR 216.2(c) says failure of USCIS to provide a reminder "does not relieve the alien and the petitioning spouse ... of the requirement to file a petition". Conditional residents are lawful permanent residents in the meantime: 8 CFR 216.1 says the same "rights, privileges, responsibilities and duties" apply, "including but not limited to the right to apply for naturalization (if otherwise eligible)."

The statutory definition reaches marriages less than 24 months old on the date status is obtained. How that count works in a particular case, including which date counts as "entered into", is an attorney question. The page on I-751 filing covers waivers, divorce and the interview.

Where the process goes wrong, from the rules

Points at which marriage cases most often turn on the text of the law, not on opinions: - Wrong route assumed. Adjustment needs a lawful admission or parole and, for many people, lawful status. 8 U.S.C. 1255(c) bars adjustment in several situations, but the bar for unlawful status and unauthorized employment does not apply to an "immediate relative". Other grounds still apply, so the exemption is partial. A lawyer should read 245(a) and (c) against the person's actual entry and history. - Unlawful presence and departure. Under 8 U.S.C. 1182(a)(9)(B), an alien who was unlawfully present for more than 180 days but less than a year, departed voluntarily and again seeks admission within three years is inadmissible, as is one unlawfully present for a year or more who again seeks admission within ten years. The statute defines being unlawfully present as being "present in the United States after the expiration of the period of stay authorized by the Attorney General or ... present in the United States without being admitted or paroled." A waiver exists for the spouse or child of a citizen or permanent resident on a showing of "extreme hardship to the citizen or lawfully resident spouse or parent". The provisional waiver form is covered on the I-601A page. - Travel while an I-485 is pending. 8 CFR 245.2(a)(4)(ii) treats departure of an adjustment applicant as abandonment of the application unless advance parole was granted beforehand and the applicant was inspected on return, with exceptions for certain statuses. - Wrong fee or form edition. 8 CFR 103.2(a)(7)(ii) says a request not submitted with the correct fee is rejected and "will not retain a filing date". - Missed deadlines. RFE and NOID windows (above), the 90-day I-751 window, and the 30-day deadline to appeal an I-130 denial to the Board of Immigration Appeals on Form EOIR-29 (8 CFR 1003.3(a)(2)), at a fee of $1,060 (91 FR 54211).

Appeal rights for an I-130 denial arise because 8 CFR 1003.1(b)(5) places decisions on section 204 petitions within the Board's jurisdiction. The denial pages explain what the other documents say.

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Questions people ask

How does the marriage green card process work?

The citizen or permanent resident spouse files Form I-130 ($675). The immigrant spouse then either applies for adjustment of status inside the United States with Form I-485 ($1,440) or applies for an immigrant visa abroad with Form DS-260. Both involve an interview and a medical exam. If the marriage was less than 24 months old when status was granted, the card is conditional and Form I-751 ($750) must be filed in the 90 days before the second anniversary.

Is a marriage green card faster for the spouse of a US citizen?

Visa numbers are not the constraint. USCIS says "Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available." The spouse of a permanent resident is in a numerically limited preference category where a priority date matters. This page does not state how long any step takes.

What is a conditional green card through marriage?

A two-year card given when the marriage was entered into less than 24 months before the date permanent resident status is obtained (8 U.S.C. 1186a(h)(1)). The conditions are removed by a joint Form I-751 filed in the 90 days before the second anniversary.

Do you need a lawyer for a marriage green card?

Federal law lets attorneys and DOJ-accredited representatives represent others before USCIS, and 8 CFR 292.1 closes the list; 8 CFR 103.2(a)(3) says an applicant or petitioner "may be represented". What the rules also show is where things go wrong: wrong route, bars to adjustment, unlawful presence, wrong fee, missed RFE deadlines. Whether to hire someone is the applicant's decision.

Can I travel while my I-485 is pending?

8 CFR 245.2(a)(4)(ii) treats departure as abandonment of the application unless advance parole was granted beforehand and the applicant was inspected on return, with exceptions for some statuses. Check with an attorney before leaving.

What does the marriage green card cost in total?

Using the paper fees in the regulations, adjustment is $675 (I-130) plus $1,440 (I-485), with optional $260 (I-765) and $630 (I-131). Consular processing is $675 plus $325 (State Department) plus $235 (USCIS immigrant fee). These exclude medical exams, translations and professional fees. Check Form G-1055 before paying.

Sources

Last checked 2026-10-10.

Related guides

  • Marriage green card cost in 2026: inside the US vs abroad — For the spouse of a US citizen, the I-130 is $675. Inside the US the I-485 adds $1,440. Abroad, the State Department immigrant visa fee is $325 and USCIS's immigrant fee is $235. A marriage under 24 months old at approval leads to a conditional card and a later I-751 at $750.
  • The marriage green card interview: what the regulations require, what USCIS reviews and what happens if you miss it — 8 CFR 245.6 says each adjustment applicant "shall be interviewed by an immigration officer," with limited exceptions. The regulations set out the evidence of a genuine marriage and the fraud bar, but they do not script the questions. A missed interview can lead to the benefit request being considered abandoned and denied (8 CFR 103.2(b)(13)(ii)).
  • Do I need a lawyer for a marriage green card? — No rule requires one. A spouse filing inside the US pays $675 for the I-130 and $1,440 for the I-485 (age 14+). If the green card is granted on a conditional basis, the I-751 must be filed in the 90 days before its second anniversary, or permanent residence ends automatically.
  • Form I-130 filing fee 2026: what it is and who pays — The USCIS fee for Form I-130, Petition for Alien Relative, is $675 on paper as at 9 October 2026 (8 CFR 106.2(a)(6)), whichever relative the petition is for. It cannot be waived, filing fees are generally non-refundable, and the I-130 is not on the 16 October 2026 increase list.
  • Form I-485 fee 2026: adults, children and add-on forms — As at 9 October 2026 the paper fee for Form I-485 is $1,440 for an applicant 14 or older and $950 for a child under 14 filing with a parent (8 CFR 106.2(a)(21)). A fee waiver is available only to people exempt from the public charge ground, and related forms carry their own fees.
  • Form I-864 Affidavit of Support: who signs, the income test, how long it lasts — The I-864 is a contract in which the sponsor agrees to maintain the immigrant at 125% of the Federal Poverty Guidelines (100% for armed-forces sponsors of a spouse or child). It has no USCIS fee. It ends at citizenship, 40 qualifying quarters, death or departure, not at divorce.
  • Form I-751: removing the conditions on a two-year green card — A green card based on a marriage of under 24 months at approval is conditional. The I-751 ($750) must be filed in the 90 days before the card's second anniversary (8 CFR 216.4(a)(1)). Missing the window terminates status unless USCIS accepts good cause for late filing.
  • Adjustment of status vs consular processing: how the two routes differ — Adjustment of status (INA 245, Form I-485, $1,440) is a green card application made inside the United States to USCIS; consular processing (Form DS-260, $325 plus the $235 USCIS immigrant fee) is an immigrant visa application made abroad. The law, not preference, decides who can use which: adjustment requires an inspected admission or parole, a visa immediately available and no bar in 8 U.S.C. 1255(c).
  • How to read the Visa Bulletin and priority dates — The Department of State's monthly Visa Bulletin lists cut-off dates by preference category and country of chargeability. A visa is available when your priority date is earlier than the cut-off date, or the bulletin shows 'C'. Immediate relatives of US citizens are not subject to the queue. This page explains how to read the bulletin; it does not quote current dates or predict movement.
  • Form I-601A provisional waiver: the $795 fee and how it works — The I-601A ($795) lets some people in the US ask USCIS to waive the 3- and 10-year unlawful-presence bars before leaving for a consular interview. The statute requires extreme hardship to a US citizen or permanent-resident spouse or parent. It takes effect only after departure and a consular interview.