How to Get a Green Card Through Marriage to a U.S. Citizen in 2026
If you married a U.S. citizen and want to become a permanent resident, the marriage-based green card is one of the most common paths in the immigration system. As the spouse of a citizen, you are considered an immediate relative, which means there is no annual limit on the number of green cards available and no waiting line for a visa number.
That said, being married to a citizen does not guarantee approval. U.S. Citizenship and Immigration Services (USCIS), the federal agency that processes green card applications, treats adjustment of status as an extraordinary form of relief and an act of administrative grace. A 2026 policy memorandum directs officers to require applicants to affirmatively demonstrate they merit a favorable exercise of discretion, with outstanding equities needed to overcome any adverse factors. On top of that, the standard USCIS uses to evaluate whether an applicant is likely to depend on government assistance is changing on September 18, 2026, and the date your application is filed determines which standard applies. Preparation and a well-documented filing package matter more now than they have in years.
If you are ready to start the process, reach out to Brooks Law Firm today to schedule a free consultation. Call (617) 245-8090.
You Can File From Inside the Country if You Entered Lawfully
There are two ways to get a green card through marriage, and which one you use depends mainly on where you are living right now.
If you are already in the United States and entered lawfully, the typical route is called adjustment of status. You file Form I-485 (the green card application) with USCIS, usually at the same time as the petition your spouse files on your behalf. The entire process happens inside the country, from filing through the interview.
If you are living outside the United States, the route is called consular processing. After USCIS approves the petition, the case transfers to the National Visa Center and then to a U.S. embassy or consulate, where you attend an interview and receive an immigrant visa to enter the country. Your green card arrives by mail after you enter.
Both paths start the same way: with a petition from your U.S. citizen spouse proving that the marriage is real.
Five Main Forms Make Up a Typical Marriage-Based Filing
The process begins with Form I-130, the Petition for Alien Relative. Your U.S. citizen spouse files this form to establish that you are eligible for a green card based on a valid marriage. The I-130 does not decide whether your green card will be approved. That comes later.
If you are in the United States and qualify to adjust status, you will usually file Form I-485, the Application to Register Permanent Residence, at the same time as the I-130. Filing both forms together is called concurrent filing, and it is available to immediate relatives of U.S. citizens. You can learn more about the full marriage-based green card process on our practice area page.
Along with these two forms, most marriage-based filings include several others. Form I-864, the Affidavit of Support, is filed by your U.S. citizen spouse to demonstrate that the household income is enough to support you. Form I-765 provides a work permit (formally called an Employment Authorization Document, or EAD) so you can work while your green card application is pending. Form I-131 provides a travel document that allows you to leave and return to the country without abandoning your application.
A Typical Filing Package Costs Roughly $3,005 in Government Fees
The fees listed below are set by USCIS and were in effect as of August 2026. Always confirm the current amounts on the USCIS fee schedule (Form G-1055) before filing, because submitting the wrong amount results in rejection of the entire package.
Form I-130 costs $675 when filed by mail or $625 when filed online. Form I-485 costs $1,440, and that amount now includes the biometric services appointment that used to be billed separately. Form I-765 filed at the same time as the I-485 costs $260. Form I-131 costs $630. A typical concurrent filing package for a marriage-based case adds up to roughly $3,005 in government fees alone, not counting the required medical exam or attorney fees.
You Must Meet These Conditions to File From Inside the United States
Not everyone who marries a U.S. citizen can file for a green card without leaving the country. To adjust status through USCIS, you must meet several requirements under the law.
The most important one is that you must have been inspected and admitted or paroled (given permission to be physically present without a formal admission) at a U.S. port of entry. If you entered the country without going through a port of entry, that is a legal barrier to adjusting status in most cases. This is not something the process simply works around. An attorney can evaluate whether any exceptions apply to your situation.
As the spouse of a U.S. citizen, you are considered an immediate relative, and that classification provides important protections. Immediate relatives are exempt from certain bars that block other applicants, including bars based on working without authorization or falling out of legal status after arrival. However, the requirement of a lawful entry still applies.
The Standard for Government Assistance Is Changing on September 18, 2026
Every marriage-based green card application requires your U.S. citizen spouse to file Form I-864, the Affidavit of Support. This is a legally binding commitment that the sponsor’s household income meets the federal poverty guidelines.
The way USCIS evaluates whether an applicant is likely to depend on government assistance is changing. On September 18, 2026, a new standard takes effect that gives officers broader discretion to weigh all relevant factors when making that determination. Applications postmarked or filed electronically before that date will be evaluated under the current, narrower standard. Applications filed on or after that date will be evaluated under the new one.
One detail matters if you have used public benefits: the final rule provides that benefits received before September 18, 2026 will be weighed under the 2022 standard, regardless of when your application is filed.
Because the filing date determines which standard applies to your case overall, this is one of the most important decisions in a marriage-based case right now. Speaking with an immigration attorney before that deadline can help you understand which standard your case would fall under and whether the timing of your filing matters.
A USCIS Officer Will Interview You and Your Spouse
In nearly all marriage-based cases, USCIS schedules an in-person interview at a local field office. Both you and your spouse must attend. The officer’s job is to confirm the information in the application and to verify that the marriage is genuine.
Officers typically ask about your relationship history, your daily life together, your living situation, and your future plans. There is no script. The best preparation is not memorizing answers but making sure you and your spouse agree on what basic terms mean, like when you started dating or what your wedding day looked like.
Ballpark answers are fine for most questions. Saying “I don’t know” is better than guessing, with the exception of birthdays and your anniversary. If you are more comfortable speaking a language other than English, requesting an interpreter is appropriate.
The interview can end in approval, a request for more evidence (formally called a Request for Evidence, or RFE), or in rare cases a notice that USCIS intends to deny the case. A request for more evidence is not a denial. It means the officer wants additional documentation, and the case continues once you respond.
If Approved, You Receive a Conditional Green Card
If USCIS approves your application and your marriage was less than two years old at the time of approval, you receive a conditional green card that is valid for two years. This is standard for newer marriages and does not mean anything is wrong with the case.
Before the conditional card expires, you and your spouse must jointly file Form I-751, the Petition to Remove Conditions on Residence. The filing window opens 90 days before the card’s expiration date, and the petition must be filed within that window. Filing after that window risks denial of the petition. It can also lead to termination of your permanent resident status. Filing too early risks rejection.
If your marriage has ended, or if there are circumstances involving abuse or extreme hardship, you may be able to file the I-751 without the joint requirement by requesting a waiver. Those filings are not limited to the 90-day window and can be filed even after the conditional card has expired.
After USCIS removes the conditions, you receive a permanent green card valid for ten years.
Frequently Asked Questions
Can I work while my green card application is pending?
Yes, but only after you receive your work permit. Filing Form I-765 at the same time as the green card application is the standard approach. Processing times vary, so plan accordingly.
How long does the process take?
Processing times depend on the USCIS field office handling the case and can change. Check the USCIS processing times page for the most current estimate for your location.
What happens if I entered the country without inspection?
Entering without going through a port of entry generally bars you from adjusting status inside the United States. There are limited exceptions, but this is a situation where speaking with an attorney is important before taking any step.
Does the new public charge standard affect my case?
It depends on when you file. Applications postmarked or electronically submitted before September 18, 2026 are evaluated under the current, narrower standard. If you have used public benefits, the final rule provides that benefits received before that date will still be weighed under the 2022 standard regardless of when you file. An attorney can help you evaluate whether the timing matters for your situation.
What happens to my case if we separate or divorce?
As long as your marriage is legally valid, the case can continue, though USCIS will scrutinize the relationship more closely. A finalized divorce ends eligibility for a marriage-based green card. If you are in an abusive situation, a VAWA self-petition may allow you to continue pursuing status without your spouse’s cooperation.
What to Do Next
Getting a green card through marriage involves multiple forms, government fees, an interview, and legal standards that are actively changing. The public charge standard shifts on September 18, 2026, and the date your application is filed determines which standard applies. The way USCIS exercises its discretion over adjustment of status has also shifted. A case-specific review by an immigration attorney is the best way to understand where you stand.
Reach out to Brooks Law Firm today to schedule a free consultation, and we will give you an honest look at your options. Call (617) 245-8090.
