Apply for Marriage Green Card Inside the U.S: Complete Guide

Congratulations on your marriage! This guide is for people who want to get a marriage green card for their wife or husband. We will explain everything you need to successfully complete the application process. For most couples, the application is straightforward and does not need a lawyer. Instead, save that $4,000 lawyer’s fee for your lovely honeymoon on the beach. Did you know this cool guide makes a satisfying beach read? 🌴

Table of Contents

1. Green card process overview
2. Make Sense of the Process
3. Application Forms
4. Document Checklist
5. Filing Fees
6. Assemble and file

1. Application Timeline
2. Track Case Status and Processing Time

1. Marriage Green Card Process Overview

Note: This guide is for the spouse of a U.S. citizen or of a green card holder. In addition, the applicant should be inside the U.S. when applying (If you will apply from outside the U.S, use our other in-depth guide instead.)

If you are the spouse of a U.S. citizen or green card holder, and you currently live in the U.S, you and your spouse will need to file a Petition for Alien Relative and an Adjustment of Status through marriage [1] [2] (Don’t run, you will become an expert in this in the next five minutes).

Total government filing fee: $1,760 (if file before April 1, 2024) or $2,115 – $3,005 (if file on or after April 1, 2024).

Total processing time: For a U.S. citizen’s spouse: 10-14 months；For a green card holder’s spouse: Around 4 years (The wait time has been fluctuating due to the recent visa bulletin F2A final action date retrogression. It may improve over time to 2-3 years.)

The application process can be broken into two steps:

Step 1: The Paper Party – Submit Forms and Documents to USCIS

We kick off the party with forms and documents!

The process is slightly different for spouses of U.S. citizens versus spouses of green card holders. So we will explain them separately:

The application will require the following forms:

• Form I-130 – Petition for Alien Relatives
• Form I-130A – Supplemental Information for Spouse Beneficiary
• Form I-485 – Application to Register Permanent Residence or Adjust Status
• Form I-864 – Affidavit of Support Under Section 213A of the INA
• Form I-765 – Application for Employment Authorization (optional)
• Form I-131 – Application for Travel Document (optional)
• G-1145 – e-Notification of Application/Petition Acceptance (optional)
• Form I-944 – Declaration of Self Sufficiency (A new form that came into effect on February 24, 2020 due to USCIS’ new Public Charge Rule) [💡: This form is no longer needed due to the cancellation of the Trump-era Public Charge rule.]

Forms will be explained in details in the forms section of this guide.

December 23, 2022 Update: Starting December 23, 2022, USCIS will implement the new Biden-era Public Charge rule and stop accepting previous editions of Form I-485. Instead, it will switch to a new Form I-485, which will contain additional questions compared to the previous editions. So please double check that your Form I-485 edition is correct when submitting your application.

You also will need to submit the following supporting documents alongside the forms:

• Passport-style photos of both spouses
• Proof of the sponsor’s U.S. citizenship (e.g. U.S. passport, naturalization certificate)
• Proof of the applicant’s immigration status
• Current marriage certificate and documents of prior marriages
• Evidence of joint activities
• The applicant’s proof of financial support
• The applicant’s medical examination result
• The applicant’s birth certificate
• The applicant’s proof of self-sufficiency [💡: No longer needed due to the cancellation of the Trump-era Public Charge rule]

Documents will be explained in details in the documents section of this guide.

USCIS charges an application fee of $1,760 (if file before April 1, 2024) or $2,115 – $3,005 (if file on or after April 1, 2024). [1] [2] (more details in the fees section).

Submit your application as one package to USCIS through mail [1] [2] .

Come meet our new friends: 9 government forms in total, 5 are required and 4 are optional. You’ll need to submit them in two parts, with a waiting period between Part One and Part Two.

Application Part One (Officially Called Petition for Alien Relative)

Forms to submit:

• Form I-130 – Petition for Alien Relatives
• Form I-130A – Supplemental Information for Spouse Beneficiary
• G-1145 – e-Notification of Application/Petition Acceptance (optional)

Forms will be explained in details in the forms section of this guide.

• Passport-style photos of both spouses
• Proof that the sponsor is a U.S. permanent resident (e.g. U.S. permanent resident card)
• Current marriage certificate and documents of prior marriages
• Evidence of joint activities

USCIS filing fee: $535 (if file before April 1, 2024) or $675 (if file on or after April 1, 2024) [1]

Submit your application as one package to USCIS through mail [1] .

It will take about 12-15 months for USCIS to approve Application Part One. Then, you’ll likely have to wait for another 2 weeks for a Green Card to become available. After that, you can finally submit Application Part Two. (More on the waiting time later.)

Application Part Two (Officially Called Adjustment of Status)

Forms to submit:

• Form I-485 – Application to Register Permanent Residence or Adjust Status
• Form I-864 – Affidavit of Support Under Section 213A of the INA
• Form I-765 – Application for Employment Authorization (optional)
• Form I-131 – Application for Travel Document (optional)
• G-1145 – e-Notification of Application/Petition Acceptance (optional)
• Form I-944 – Declaration of Self Sufficiency (A new form that came into effect on February 24, 2020 due to USCIS’ new Public Charge Rule) [💡: This form is no longer needed due to the cancellation of the Trump-era Public Charge rule.]

December 23, 2022 Update: Starting December 23, 2022, USCIS will implement the new Biden-era Public Charge rule and stop accepting previous editions of Form I-485. Instead, it will switch to a new Form I-485, which will contain additional questions compared to the previous editions. So please double check that your Form I-485 edition is correct when submitting your application.

• Passport-style photos of the applicant
• Proof of the applicant’s immigration status
• The applicant’s proof of financial support
• The applicant’s medical examination result
• The applicant’s birth certificate
• The applicant’s proof of self-sufficiency [💡: No longer needed due to the cancellation of the Trump-era Public Charge rule]

USCIS filing fee: $1,225 (if file before April 1, 2024) or $1,440 – $2,330 (if file on or after April 1, 2024) [2]

Submit your application as one package to USCIS through mail [2] . This concludes Step 1 and we now move into Step 2.

Later in this guide, we’ll explain everything you need to know (and some more) about forms, documents, fees and mailing it out.

Step 2: The Waiting Game – Wait until the Interview and the Green Card Approval

No more paperwork at this point! Now it’s mostly waiting around until you receive a Green Card interview notice around 10-14 months later [3] . The interview will take place at a USCIS office near you, and both spouses need to attend in-person. (More on the interview later.) If everything goes well, you will receive your Green Card approval at the end of the interview, and within another month, your Green Card will arrive in the mail!

The timeline section will explain the waiting process in detail.

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2. Make Sense of the Process

Why all these forms and documents? In this section, we explain the Green Card application logic that routinely confuses the world’s smartest rocket scientist. Once you understand the logic behind it, this process will make a lot more sense.

To begin, let’s meet Arnold and Maria:

Applicant: Arnold is 28 years old and hails from the snowy mountains of Austria. Arnold is not a U.S. citizen and is applying to receive a Green Card.

Sponsor (also known as a petitioner): Maria is 27 years old and is a native to the sunny Southern California. She is married to Arnold and is a U.S. citizen or green card holder.

After getting married, Arnold and Maria started researching how to apply for a marriage Green Card for Arnold.

For couples like Arnold and Maria, the application paperwork contains two parts:

🔑 Application Part One: Establish Arnold’s Eligibility for a Green Card (Officially Called “Petition for Alien Relative”. We will call it “immigrant petition” in this guide.)

Since Arnold’s eligibility is based on his marriage to Maria, Maria needs to complete Application Part One (immigrant petition) to demonstrate [1] :

• Maria is a real person.
• Maria is a U.S. citizen.
• Arnold is her husband.
• Their marriage is real.

This step is mostly for Maria to complete.

🌱 Application Part Two: Apply for Arnold’s Green Card (Officially Called “Adjustment of Status to Lawful Permanent Resident”. We will call it “adjustment of status” in this guide.)

After the immigrant petition has established Arnold’s Green Card eligibility, now Arnold can apply for it. Application Part Two (adjustment of status) collects information that demonstrates [2] :

• Arnold is a real person.
• Arnold’s current immigration status doesn’t bar him from receiving a Green Card.
• Arnold can financially support himself in the U.S. without government assistance.
• Arnold is in good health.
• Arnold has no criminal history.

This step is mostly for Arnold to complete.

USCIS processes the forms and documents for the immigrant petition (Application Part One) independently from those for the adjustment of status (Application Part Two) [1] [2] , so we need to separate the paperwork of each part when we submit the application (more on that in the submit section of this guide). In the next section, we will explain all the forms, documents and filing fees you need.

For couples like Arnold and Maria, here is the application paperwork timeline:

🔑 Application Part One: Immigrant Petition

Part One’s purpose is to establish Arnold’s eligibility for a Green Card. Since Arnold’s eligibility is based on his marriage to Maria, Maria needs to complete the Application Part One to demonstrate [1] :

• Maria is a real person.
• Maria is a U.S. permanent resident.
• Arnold is her husband.
• Their marriage is real.

This part is mostly for Maria to Complete.

Around 2 Weeks Later

USCIS Receipt Notice (Form I-797) Arrives

The receipt notice confirms that USCIS has received your Application Part One. It contains a case number, which you can use to track your Part One case status with the USCIS Case Status Checker. It also contains a date labeled “Priority Date”. You will use this date later to determine when to submit Application Part Two.

Waiting period until a visa number becomes available

Good news — in August 2023, there is no wait time! So you can move onto submitting the adjustment of status application immediately after receiving I-130 Receipt Notice. This zero wait time will last until the end of August. Starting September 2023, Submission 1 and Submission 2 need to be submitted separately in sequence. ⏰

🌱 Application Part Two: Adjustment of Status

Part Two’s purpose is to apply for Arnold’s Green Card. After USCIS approves Part One, Arnold has successfully established his Green Card eligibility; now he can apply for it. The Application Part Two collects information that demonstrates [2] :

• Arnold is a real person.
• Arnold’s current immigration status doesn’t bar him from receiving a Green Card.
• Arnold can financially support himself in the U.S. without government assistance.
• Arnold is in good health.
• Arnold has good moral characters.

This part is mostly for Arnold to Complete.

Around 2-3 Weeks after Filing Part Two

USCIS Receipt Notices (Form I-797) Arrive

For each form you submit in Application Part Two, you will receive a receipt notice from USCIS. Each receipt notice contains a case number. You can use these case numbers to track your Part Two case status with the USCIS Case Status Checker.

For the Next 8-10 Months after receiving USCIS Notice of Approval

Mostly Waiting until Receiving Green Card Interview Notice

This is where Step 2 – the Waiting Game begins. We will explain what happens during this time in the timeline after filing section later.

Why the wait before submitting Part Two?

The answer: Arnold cannot apply for a Green Card, until a Green Card becomes available for him to apply to.

This may sound very strange, until you learn this fact: the U.S. government only gives out a fixed number of Green Cards each year, no matter how many people are eligible for it. So when there are more eligible people than there are Green Cards, some people have to wait until a new batch of Green Cards become available. 1

When can I submit Application Part Two?

You can find out by checking the USCIS Visa Bulletin information page, which updates once a month. Click on the link to the current month, and in the chart find category “F2A”.

If the date on the chart is current (“C”), or your priority date (explained below) is earlier than the date on the chart, you may file Application Part Two. Otherwise, you will need to continue waiting and check the bulletin page again next month. 2

3. USCIS Application Forms

There are 9 forms in total, to be submitted in two separate packets. Five forms are required and the other four are optional. Let’s take a look at what these forms are for:

🔑 Forms for Application Part One: Immigrant Petition

• Form I-130 – Petition for Alien Relatives [Maria to fill out] No, this isn’t about your aunt Barb who claims to be an extraterrestrial 👽. Maria needs to fill out this form to confirm she is a U.S. citizen and Arnold is her husband. It asks for information about both Maria and Arnold.
• Form I-130A – Supplemental Information for Spouse Beneficiary [Arnold to fill out] Enter Arnold’s information for a second time. Only this time it’s Arnold’s turn to fill it out.
• Form G-1145 – e-Notification of Application/Petition Acceptance (optional) [Maria to fill out] Ever dreamed of getting a ping from USCIS on the phone? 💌 Fill in this form to request an electronic notification when USCIS accepts the immigrant petition.

🌱 Forms for Application Part Two: Adjustment of Status

• Form I-485 – Application to Register Permanent Residence or Adjust Status [Arnold to fill out] Arnold, please stretch your fingers. 🖐 You are about to enter your information for a third time here. And don’t forget the 66 check boxes at the end for questions such as “Does Arnold intend to sabotage the United States?”.
• Form I-864 – Affidavit of Support Under Section 213A of the INA [Maria to fill out] Affi what? Who is David?🧜‍Well, it’s actually a form to show Arnold can financially support himself in the U.S. without government assistance. The simplest way to do so is if Maria can demonstrate that her income is at least 125 percent of the current Federal Poverty Guidelines for Maria’s household size (only 100 percent of the Guidelines if Maria is on active duty in the U.S. Armed Forces or U.S. Coast Guard). If this is not the case, the form instruction outlines other ways for Arnold and other relatives to chip in. Yeah… this form is definitely the most confusing one. So make sure to spend some time understanding the form instructions.🤷‍
• Form I-765 – Application for Employment Authorization (optional) [Arnold to fill out] Arnold needs to do this form if he wants to work in the U.S.while his application is pending. (Arnold wants to continue his employment with Skyweb 😎, so he fills out the form.)
• Form I-131 – Application for Travel Document (optional) [Arnold to fill out] Arnold needs to do this form if he wants to travel outside of the U.S. while his application is pending. (Arnold needs to fly to Maluku to terminate a tasselled wobbegong 🐡, so he fills out the form.)
• G-1145 – e-Notification of Application/Petition Acceptance (optional) [Arnold to fill out] Fill in this form to request an electronic notification when USCIS accepts the adjustment of status.
• Form I-944 – Declaration of Self Sufficiency [Arnold to fill out]
  This is a new form added due to the new USCIS Public Charge rule. Arnold needs to fill out detailed information regarding his income, tax returns, family members, credit score, assets, debts & liabilities, health insurance, and education. Oh well, guess he’s got no other choice but to tell USCIS everything… 😭 [💡: No longer needed due to the cancellation of the Trump-era Public Charge rule]

How to make sure I filled out the forms correctly?

Each USCIS form comes with an instruction [1] [2] [4] [5] [6] [7] . Make sure you carefully review the instructions. I know, I know – those instructions are written in Austrian Martian. Even the killer robot from the future cannot survive the grandeur of 132 pages of full-length legal verbiage without dropping cold onto the floor.

If you are like Arnold, you may dream about doing your application the TurboTax style: fill out a simple questionnaire with step-by-step instructions, and boom!, your forms are completed for you.

Good news – here at GreenCardHero, we have created a useful Green Card application software which does exactly that for you: 😃

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