Marriage-based green cards remain one of the most common paths to permanent residence for couples who can show a real relationship and meet all eligibility requirements. In FY 2023, about 47.8 million new green cards went to immediate relatives of a U.S. citizen, underscoring how central the spousal route is within the system.
This guide gives you a clear starting point. You will see how an immigration officer evaluates a case, what it means to adjust status in the United States versus applying abroad, and why simple items such as a marriage certificate, passport pages, and consistent answers matter. Our goal is to help you feel informed before you submit anything, so you can present a complete file the first time and move confidently toward approval.
Eligibility Essentials
Marriage validity and prior marriages.
Your marriage must be legally valid where it was celebrated, and any earlier marriages must be formally terminated. If the marriage is less than two years old at approval, the foreign national becomes a conditional resident and must later remove those conditions with Form I-751; USCIS confirms that conditional cards are two years and require an I-751 filing near expiration.
Petitioner’s status and visa availability.
A spouse of a U.S. citizen is an immediate relative, and the State confirms there is no annual cap on immediate-relative immigrant visas, meaning a visa is considered “immediately available” once the case is documentarily qualified.
Inside the United States versus abroad.
If the beneficiary is physically in the U.S. and otherwise eligible, they may adjust status with USCIS; if abroad or ineligible to adjust, the case moves through consular processing via NVC and a U.S. embassy interview. See USCIS’s consular overview for the steps and sequencing.
Admissibility and financial sponsorship basics.
The sponsoring spouse must file an Affidavit of Support (I-864) and generally show income at 125% of the Federal Poverty Guidelines, be at least 18, and be domiciled in the United States when signing. USCIS’s I-864EZ instructions spell out those requirements.
Choose Your Path: Adjustment of Status or Consular Processing
When an Adjustment of Status fits your facts
You typically choose to adjust status if the spouse is in the United States after a lawful entry and otherwise qualifies under the law. This route lets you apply for work and travel while a decision is pending, and many couples file the I-130 alien relative petition together with the I-485 to keep everything under one roof. Big picture context helps here: in FY2022, 552,631 of 1,018,349 new permanent residents obtained green cards from inside the country, a little over half of all approvals, which shows how common this path is.
When Consular Processing is the better route
Choose the embassy route when the spouse lives abroad, has never had a qualifying entry, or is unable to maintain a stateside case. After USCIS approves the I-130, the National Visa Center screens the case and forwards it to the consulate for an interview. This option can reduce complications for people who would be barred from filing inside the U.S., and it often suits couples who are already outside the country and ready to obtain an immigrant visa without the interim benefits of AOS.
Upgrading from a permanent resident petitioner to a U.S. citizen
If a permanent resident sponsor naturalizes during the process, the classification converts to immediate relative, which is not subject to visa quotas. That upgrade can shorten the wait for final action. USCIS confirms this automatic conversion when the petitioner becomes a citizen, and you simply provide proof of naturalization to move the case forward in the faster category.
Proving a Bona Fide Marriage
Strong files read like a real-life story. Show a financial footprint across time with joint bank statements, tax transcripts, insurance policies, and a lease or mortgage in both names that cover multiple months, not just a single snapshot. Document home and daily life together through utility bills at the same address, driver’s licenses showing that address, and a few clear photos spaced out over different seasons with family and friends.
Add family and social proof with travel itineraries, boarding passes, messages that reflect normal routines, and, if applicable, children’s birth certificates listing both parents. Quality beats bulk every time. A compact set of well-labeled exhibits lets an immigration officer verify facts in minutes. Context helps too.
Given the volume of family filings, it is smart to be precise: In FY 2023, consular posts issued 88,586 spousal immigrant visas worldwide — 73,212 IR1 and 15,374 CR1.
Forms and Supporting Documents You Will Prepare
A complete package starts with Form I-130 to establish the relationship and, when eligible, Form I-485 to adjust status or the DS-260 for consular processing. Add civil records such as the marriage certificate, birth records, and passport biographic pages. Include the Affidavit of Support with tax transcripts and pay stubs, and place the sealed medical exam on top of the adjustment set. Missing items often get a case blocked, so follow the official instructions closely and keep copies for the moment you reapply or respond to any follow-up.
Organize your filing in logical sections. Lead with a short cover note and table of contents, then group the I-130 with proof of the connection, group financial evidence behind the Affidavit of Support, and group identity and police records together for security screening. Which forms you submit depends on where the person is located and how they entered, but every set should be clear, legible, and signed. If you have recently got married, remember that some interviews will ask for updated photos and joint statements to show the beginning of your shared life.
Check fees before you pay. As part of the fee rule effective April 1, 2024, USCIS lists the I-130 filing fee as $625 online or $675 by paper, and you should confirm current amounts on the official fee page before you submit.
Interview Preparation: USCIS or Embassy
A successful interview is about clarity, calm, and credible proof. Treat it as a chance to present your relationship in person and confirm you qualify under the law.
What to bring?
- Government photo ID and passport for the applicant, plus the interview notice.
- Originals of civil records you submitted, including the certified marriage certificate and any prior divorce or death records.
- A clean, organized copy set of everything previously filed, ready to show the immigration officer on request.
- Updated evidence of a shared life since filing, such as recent bank statements, lease or mortgage pages, insurance showing both names, and a small set of dated photos.
- If adjusting in the United States, the sealed medical exam, if not already provided, and any translations with the translator’s certification.
- Proof of financial ability from the sponsor that matches the most current income, and any joint documents that support your answers.
What do officers look for?
- Consistency between your forms and your testimony, including dates, addresses, and names.
- Concrete signs of a bona fide relationship, not just a wedding event.
- Eligibility and admissibility, including the manner of entry where required and whether the case can be approved under the correct category.
- Sufficient financial support that meets the standard, so the case is ready for a decision.
How to answer confidently?
- Listen carefully, answer the question asked, and speak in plain language.
- If you do not understand, ask the officer to repeat the question; do not guess.
- Stay consistent with what you already submitted, and present documents when they help answer.
- Sign any requested statement only after you read it and agree that it is accurate.
If separate questioning occurs?
- Some couples are interviewed one at a time when the officer needs more detail.
- Stay calm, focus on facts you personally know, and describe daily life, plans, and key moments in your relationship.
- Trust the record you brought; if a date or detail escapes you, say you will check your documents rather than speculate.
A steady, truthful presentation helps the officer complete the review and move your case toward approval without unnecessary wait.
Avoiding Slowdowns and Handling RFEs or 221(g)
- Read the notice carefully and calendar the response deadline. Match each request line by line and plan a single, complete package.
- Organize the packet. Place the RFE or 221(g) letter on top, add a brief cover letter and index, and label exhibits so an immigration officer can verify items quickly.
- Prioritize completeness. Do not send partial replies. If a document is unavailable, include an explanation plus credible alternate proof.
- Mind translations and legibility. Provide certified English translations for any foreign-language records and ensure every page is clear and readable.
- Mail securely and keep proof. Use a trackable service, keep an identical copy of everything, and monitor case status after delivery.
- For 221(g) at a consulate, follow CEAC instructions precisely and submit all requested civil and financial documents together.
An immigrant visa refused under 221(g) can be reconsidered without a new fee if the applicant supplies the requested items within one year of the refusal date, under 22 C.F.R. § 42.81(e).
Legal and Procedural Must-Knows
Immediate relative vs. F2A preference
Spouses of a U.S. citizen fall into the immediate relative category, so immigrant visa numbers are not blocked by annual caps. Spouses of lawful permanent residents are in F2A, which can move depending on the Visa Bulletin. That difference affects how long you may wait and whether you can proceed immediately or must pause until a number becomes available.
Inside the United States
If the applicant was admitted or paroled, many can adjust their status here. Some overstays are forgiven for immediate relatives, while certain situations can leave a person barred from filing inside the country and routed to a consular interview instead. Eligibility turns on the entry record, prior violations, and whether any grounds of inadmissibility apply.
Waivers and inadmissibility
Issues like unlawful presence, misrepresentation, or specific criminal convictions can require a waiver that proves a qualifying hardship to a U.S. citizen or permanent resident spouse or parent. A clear strategy, strong evidence, and careful attention to the legal standard help you avoid a denial and unnecessary need to reapply.
Conditional residence and the I-751 step
If your marriage is less than two years old at approval, you receive a two-year card and must later remove conditions with Form I-751. After properly filing, the receipt notice extends your lawful status while the case is pending. USCIS currently extends this evidence by 48 months for conditional residents with a pending I-751, a policy announced in January and still in effect.
Smoother, Faster Processing and What Happens After Approval
Keep your case moving by replying fast to notices, bringing a sealed medical and fresh evidence to the interview, and tracking status online. If the petitioner becomes a us citizen, upgrade the case so it isn’t blocked by visa quotas. Share any prior court or ICE history with counsel early so security checks stay smooth.
If the process feels heavy, you’re not alone. The Chidolue Law Firm focuses on clear strategy, careful filing, and steady follow-through from submission to approval and card in hand.
📞 Call The Chidolue Law Firm today at:
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Let us help you secure your grant of permanent residence and start your next chapter together.
