Green Card for the Spouse of a U.S. Citizen: Steps

Why spouses of U.S. citizens are “immediate relatives”

USCIS treats the spouse, the unmarried child under 21 and the parent of a citizen who is 21 or older as immediate relatives. Immigrant visas for immediate relatives are not limited each year, so the case does not wait for a visa number or a date in the Visa Bulletin. Processing time still varies by office and by case.

The path depends on where the spouse is. See Green card for the spouse of a green card holder if the sponsor is a permanent resident and not a citizen.

If the spouse lives abroad

1. The citizen files Form I-130, Petition for Alien Relative, with USCIS, online or on paper. The petition proves the marriage and the citizenship of the petitioner.
2. After USCIS approves the petition, the National Visa Center (NVC) takes the case. The spouse completes Form DS-260, the immigrant visa application.
3. The citizen files Form I-864, the affidavit of support, and both spouses submit the civil documents the NVC asks for.
4. The spouse attends an interview at a U.S. embassy or consulate. If the visa is issued, the spouse becomes a permanent resident on admission to the U.S.

K-3 and K-4 visas

A citizen with a pending Form I-130 can also file Form I-129F, Petition for Alien Fiancé(e), for a K-3 visa for the spouse. A child of the spouse who is under 21 and unmarried may receive a K-4 visa. The K-3 route exists so a spouse can enter the U.S. while the I-130 is pending. USCIS lists no filing fee for Form I-129F when it is filed for a K-3 (Form G-1055). After the I-130 is approved, the regular immigrant visa process applies.

If the spouse is already in the U.S.

A spouse in the U.S. who was inspected and admitted or paroled may be able to adjust status without leaving (8 U.S.C. 1255(a)). Because a spouse of a citizen is an immediate relative, Form I-130 and Form I-485 can be filed together. The packet usually includes Form I-864, and the spouse can also file Form I-765 for a work permit and Form I-131 for a travel document.

The earlier version of this guide said the spouse must apply before the current status expires. The rule is different for immediate relatives. The bar on adjustment for people who worked without permission or did not keep lawful status does not apply to immediate relatives (8 U.S.C. 1255(c)(2); USCIS Policy Manual, Volume 7, Part B, Chapter 2). Other bars can still apply, and entry facts matter, so an attorney should review the case before filing.

Proving that the marriage is genuine

USCIS asks whether the marriage was entered into in good faith. The Policy Manual lists joint property, a lease showing joint tenancy, shared finances, birth certificates of children and affidavits from people with personal knowledge. A friend or relative who writes a support letter can use Bona fide marriage: writing a support letter.

Conditional green card when the marriage is under two years old

If the marriage is less than two years old on the day the green card is approved, the spouse receives a conditional green card valid for two years. The couple then files Form I-751, Petition to Remove Conditions on Residence, together in the 90 days before the card expires. Form I-751 costs $700 online or $750 on paper (Form G-1055, edition 10/16/26).

Children of the spouse

An unmarried child of the spouse who is under 21 may qualify as a stepchild of the citizen if the marriage took place before the child turned 18 (8 CFR 204.2(a)(1)(iv)). A separate Form I-130 is needed for each child. The child’s birth certificate and the marriage certificate are part of the evidence.

Inadmissibility and waivers

Unlawful presence, a criminal record or a health-related ground can make a spouse inadmissible. In some cases a waiver is available: Form I-601A (provisional unlawful presence waiver) is filed before the spouse leaves for the consular interview, and Form I-601 covers other waivers. These cases are complex and need individual review.

Public charge and fees

Form I-864 shows that the sponsor can support the spouse. USCIS says its public-charge guidance of 18 August 2026 applies to Form I-485 applications filed on or after 18 September 2026. On the fee schedule of Form G-1055 (edition 10/16/26), Form I-130 costs $625 online or $675 on paper and Form I-485 costs $1,390 online or $1,440 on paper. Check the fee schedule on the day of filing.