How to Apply for a Marriage-Based Green Card: Step-by-Step Guide
Applying for a green card through marriage can feel overwhelming, especially when timelines, forms, and interviews all seem to blur together. Many couples worry less about speed and more about doing everything correctly the first time.
A marriage based green card application follows clear steps: confirm eligibility, file Form I-130, submit Form I-485 or complete consular processing, attend biometrics and an interview, then receive a decision. Accuracy, strong evidence, and proper timing help avoid delays and RFEs.
This guide walks through each step in plain language, with a focus on what USCIS actually looks for and where couples commonly run into trouble. Drawing on attorney-guided immigration experience and hands-on family-based cases across the United States, we explain the process with clarity, care, and real-world expectations as we move into the details below.
Key Points: Marriage-based Green Card Application
- Eligibility and filing path matter early. Whether a spouse is inside or outside the U.S. affects forms, timing, and interview location.
- Forms and evidence drive outcomes. Properly filed I-130 and I-485 forms, supported by clear proof of a bona fide marriage, reduce delays.
- Preparation prevents problems. Understanding timelines, interview expectations, and common mistakes helps couples move forward with confidence.
Who Is Eligible for a Marriage-Based Green Card
Before starting a marriage based green card application, couples should confirm that they meet USCIS eligibility rules. Getting this wrong early is one of the most common reasons cases stall or get denied.
Basic Eligibility Requirements
To qualify, USCIS generally requires all of the following:
- One spouse is a U.S. citizen or lawful permanent resident
- The marriage is legally valid where it took place
- Any prior marriages for either spouse were legally ended
- The marriage was entered into in good faith, not for immigration purposes
Location Matters
Where the foreign spouse lives affects how the case is filed:
- Inside the United States: May qualify for Adjustment of Status
- Outside the United States: Typically must complete consular processing through a U.S. embassy or consulate
Lawful entry into the U.S. often plays a role in determining whether Adjustment of Status is available. This is an important point to review before filing.
USCIS Focus on Bona Fide Marriage
USCIS expects evidence that the relationship is real, such as shared finances, shared housing, and a documented history together. Confirming eligibility upfront helps couples avoid unnecessary delays and filing mistakes later.
Step-by-Step Marriage-Based Green Card Application Process
The marriage based green card application follows a structured process, though the exact path depends on whether the spouse is applying from inside or outside the United States. Understanding the sequence early makes the process far less intimidating.
Step 1: File Form I-130 (Petition for Alien Relative)
- Establishes the legal marital relationship
- Filed by the U.S. citizen or green card holder spouse
- Includes proof of the marriage and supporting documents
This step officially starts the case with USCIS.
Step 2: Choose the Correct Filing Path
| Applicant Location | Primary Path | What Happens Next |
| Inside the U.S. | Adjustment of Status | File Form I-485, attend biometrics and interview |
| Outside the U.S. | Consular Processing | Case moves to National Visa Center, then consulate interview |
Step 3: Attend Biometrics Appointment
- USCIS collects fingerprints, photo, and signature
- Used for background and security checks
- Usually scheduled a few weeks after filing
Step 4: Prepare for the Green Card Interview
Most couples attend an interview where USCIS reviews the application, documents, and relationship details. Not every case is interviewed, but many are.
Step 5: Receive a Decision
USCIS may approve the case, request more evidence, or issue a decision after the interview. Timelines vary, but knowing each step helps couples stay organized and proactive.
Required Forms and Documents for a Marriage-Based Green Card Application
Paperwork is where many marriage based green card applications slow down, since this process falls under family sponsorship and requires strict form accuracy, strong supporting evidence, and consistency across all USCIS submissions.
Core Forms You Should Expect
Most marriage-based cases involve these primary forms:
- Form I-130 (Petition for Alien Relative)Confirms the legal marriage and qualifying relationship.
- Form I-485 (Application to Adjust Status)Used when the foreign spouse applies from inside the U.S.
Depending on the case, additional forms may include:
- Form I-864 (Affidavit of Support) to prove financial sponsorship
- Form I-765 (Employment Authorization) for work permission
- Form I-131 (Advance Parole) for travel while the case is pending
- Form I-693 (Medical Examination) completed by an authorized physician
Supporting Evidence USCIS Expects
USCIS looks for documents that show the marriage is real and ongoing, such as:
- Marriage certificate and government IDs
- Joint lease or mortgage
- Shared bank accounts or insurance policies
- Photos together across time
- Affidavits from friends or family (when needed)
Incomplete or weak evidence is one of the most common reasons for Requests for Evidence.
Marriage-Based Green Card Timeline and What to Expect
One of the biggest questions couples ask is how long the marriage based green card application will take. The answer depends on several factors, but understanding the milestones helps reduce anxiety.
Typical Processing Stages
While every case is different, most follow this general timeline:
- Filing and receipt notices
- Biometrics appointment
- Case review and background checks
- Interview scheduling (if required)
- Final decision
Estimated Time Ranges
| Stage | Typical Range |
| Receipt notices | 2–4 weeks |
| Biometrics | 1–2 months |
| Interview scheduling | Several months |
| Total processing time | Often 9–24 months |
Why Some Cases Take Longer
Delays often occur due to:
- Missing or inconsistent documentation
- Requests for additional evidence
- High USCIS case volume
- Interview backlogs at local offices
Understanding where delays come from allows couples to prepare instead of panic.
Green Card Interview Preparation and Common Mistakes to Avoid
The interview is often the most stressful part of the marriage based green card application, but it does not have to be. USCIS uses the interview to confirm that the marriage is genuine and the paperwork is accurate.
What the Interview Is Really About
USCIS officers typically focus on:
- Relationship history and daily life
- Consistency between answers and filed forms
- Supporting documents brought to the interview
This is not a test to trick couples. It is a verification step.
What to Bring to the Interview
Couples should usually bring:
- Original versions of submitted documents
- Updated proof of shared life together
- Government-issued photo IDs
- Any USCIS notices received
Common Mistakes That Cause Problems
Avoid these frequent issues:
- Giving inconsistent answers between spouses
- Bringing outdated or missing documents
- Submitting weak evidence of a bona fide marriage
- Assuming the interview is “just a formality”
Preparation and organization go a long way toward a smooth interview experience.
Talk With a Marriage-Based Green Card Attorney Before You File
If you have questions about eligibility, filing options, timelines, or interview preparation, we are here to help. At Rozas Law Firm, we work with couples across the United States to guide them through the marriage based green card application process with care, accuracy, and respect.
Whether you are just getting started or already facing delays or questions, our team can help you understand your options and next steps. Schedule a consultation with Rozas Law Firm today and get clear, attorney-guided support for your family-based immigration journey.
Written by David Joseph Rozas
David Rozas is an experienced criminal and immigration lawyer and one of the founding partners of Rozas & Rozas Law Firm. He has been with the firm since 2004, joining his brother, Greg in practice. David concentrates his law practice on criminal defense and immigration.








