Marriage to a U.S. citizen is the most direct path to a green card, but the process involves rigorous scrutiny to prevent fraud. Immigration authorities will examine your relationship closely to ensure it's genuine. Understanding what to expect helps you prepare for a thorough but manageable process.

Spouses of U.S. citizens are classified as immediate relatives with no numerical limits or visa backlogs. This means faster processing than other family categories—often under a year if everything goes smoothly.

Starting the Process

Your U.S. citizen spouse begins by filing Form I-130, Petition for Alien Relative. Where you apply for the green card itself depends on where you are and how you entered the U.S.

If you're in the U.S. and entered legally, you typically file adjustment of status (Form I-485) to get your green card without leaving. If you entered without inspection or overstayed significantly, you likely need consular processing abroad—though this may trigger bars to reentry.

USCIS allows concurrent filing of I-130 and I-485, potentially speeding the process. Your attorney can advise whether concurrent filing is advisable based on your circumstances.

Proving Your Marriage Is Genuine

Immigration fraud through sham marriages is a serious crime, so USCIS and consular officers carefully evaluate whether your marriage is real. You'll need to demonstrate your relationship with substantial evidence.

Strong evidence includes joint bank accounts, property ownership, insurance policies, children together, photos throughout your relationship, and testimony from people who know you as a couple. The more documentation showing your lives are intertwined, the better.

Officers look for inconsistencies suggesting fraud: different addresses, no commingling of finances, inability to describe daily life together, or memorized-sounding answers. Be genuine and consistent in interviews—rehearsed perfection can actually raise suspicions.

The Marriage Interview

Nearly all marriage-based green card applications require an interview. In adjustment of status cases, interviews occur at local USCIS offices. For consular processing, interviews happen at U.S. embassies abroad.

Both spouses typically attend together. Officers ask about how you met, your wedding, your home, daily routines, each other's families, and future plans. Separate interviews, where officers compare answers for consistency, are common when fraud is suspected.

Answer honestly and specifically. "We met through friends" is fine; you don't need dramatic stories. If you don't remember something, say so—everyone forgets details. Inconsistencies matter more than perfect recall.

Conditional Residence

If your marriage was less than two years old when your green card was approved, you receive conditional permanent residence valid for two years. This is standard procedure, not an accusation of fraud.

You must file Form I-751 to remove conditions in the 90-day window before your conditional residence expires. Filing jointly with your spouse, you'll submit evidence that your marriage remains genuine. Missing this deadline results in automatic termination of your status.

If you're divorced, widowed, or experienced abuse, you can file I-751 alone with appropriate documentation. These "waiver" cases receive additional scrutiny but allow continuation of the green card process without the original sponsor.

Special Situations

Previous immigration violations don't always bar marriage-based green cards. Overstays under 180 days may be forgiven for immediate relatives. Longer unlawful presence can trigger 3- or 10-year bars, though waivers exist for those who can show their U.S. citizen spouse would suffer extreme hardship.

Fraudulent marriages have severe consequences: deportation, criminal prosecution, and permanent bars to future immigration benefits. Don't enter a marriage just for immigration purposes—and be wary of "relationships" that seem focused on your immigration status.

Same-sex marriages are treated identically to opposite-sex marriages following Supreme Court recognition. Marriages valid where performed are generally recognized for immigration purposes regardless of where you currently live.

Timeline Expectations

Processing times vary by location and case complexity. Adjustment of status typically takes 12-24 months from filing to green card. Consular processing may be faster if no complications exist. Work authorization (EAD) and travel permission (Advance Parole) are available while adjustment is pending.

Cases involving prior immigration violations, criminal history, or fraud concerns take longer. Complex cases may require additional evidence requests, interviews, or security clearances.

Getting Legal Help

Marriage-based green cards seem straightforward but have many potential complications—especially with prior violations, previous marriages, or unusual circumstances. An immigration attorney helps you present your case effectively, anticipate problems, and navigate the interview process. For something this important to your family's future, professional guidance provides peace of mind and often smoother processing.