
Family green cards
Form I-130, F1-F4 wait times, the I-864 affidavit of support, the September 2026 public charge change and current fees.
Privately operated educational resource. Not affiliated with the U.S. government.
A U.S. citizen or green card holder can sponsor a spouse by filing Form I-130 and proving the marriage is real. Spouses of citizens face no visa wait; spouses of green card holders may. Couples married under two years when the card is approved get a two-year conditional green card and must file Form I-751.
This guide is for couples where one spouse is a U.S. citizen or green card holder and the other wants permanent residence through the marriage. It explains how the sponsor's status changes the timeline, what evidence shows a real marriage, what to expect at the interview, and how two-year conditional residence works. Couples who are engaged but not yet married may want the K-1 fiancé(e) visa guide instead. For other relatives, see family immigration.

| Spouse of a U.S. citizen | Spouse of a green card holder | |
|---|---|---|
| Category | Immediate relative (IR1 or CR1) | F2A preference |
| Annual cap | None | Yes; check the Visa Bulletin |
| Wait for a visa number (Nov. 2026) | None | Final action date Oct. 22, 2026 for most countries; Apr. 22, 2026 for Mexico |
| Adjusting status after an overstay | Often possible if the spouse was inspected and admitted | Generally not possible without lawful status, unless an exception such as 245(i) applies |
If the green card holder becomes a U.S. citizen while the case is pending, the spouse is usually converted to an immediate relative automatically, which can remove any remaining wait. Check current F2A dates with our Visa Bulletin tracker.
Marriage fraud carries serious penalties, including a permanent bar on future petitions for the immigrant and possible criminal charges for both spouses. Never sign or submit anything that is not true.
USCIS looks at the whole relationship. Strong cases usually combine several types of proof:
Quality matters more than volume. A few consistent, dated records usually help more than hundreds of photos. If a couple lives apart for work, school or immigration reasons, explain why in writing and document visits and contact.
As of October 2026, USCIS has been interviewing more family-based cases than it did a few years ago, and its Policy Manual lists situations where an interview is expected, such as gaps in the record or inconsistencies. Officers ask about how the couple met, daily routines, the home and future plans. They may interview spouses separately if they have doubts. Bring originals of all documents, updated evidence since filing, and an interpreter if the agency allows or requires one.
Since 2025, USCIS policy has allowed officers to issue a Notice to Appear in immigration court when a case is denied and the person has no other lawful status. Anyone with a past removal order, unlawful entry or criminal record should get legal advice before attending.

If the marriage was less than two years old on the day the green card is approved (or the day the spouse enters on an immigrant visa), the spouse receives a two-year conditional green card. To keep status, the couple files Form I-751 jointly during the 90 days before the card expires. A spouse who is divorced, widowed or abused may file alone and ask for a waiver of the joint filing requirement.
A timely I-751 receipt notice extends the conditional resident's status for a set period past the card's expiration while the case is pending. The USCIS Form I-751 page lists the current extension period; carry the receipt notice with the card. Missing the filing window can end status automatically, so mark the date as soon as the card arrives; our deadline calculator shows the 90-day window. Our green card renewal guide covers I-751 in more detail.
No official source sets a single timeline, because it depends on the USCIS office or consulate, background checks and whether an interview is scheduled. USCIS posts current estimates on its processing times page. A few practical points as of October 2026:
A spouse who receives a 10-year card can renew it with Form I-90 before it expires. A conditional resident files Form I-751 instead. Spouses of U.S. citizens may be able to apply for citizenship after three years as a permanent resident if they have been married to and living with the same citizen spouse during that time, rather than the usual five years. See citizenship and naturalization. Practical next steps, such as updating a Social Security record, are covered in Social Security numbers and ID.
| Form or fee | Amount |
|---|---|
| I-130 petition | $675 paper, $625 online |
| I-485 adjustment (age 14 or older) | $1,440 |
| I-765 work permit with pending I-485 | $260 |
| I-131 advance parole | $630 |
| I-751 removal of conditions | $750 (no fee for an abuse-based waiver) |
| State Department immigrant visa fee | $325 |
| USCIS immigrant fee (consular cases) | $235 |
Sources: 8 CFR 106.2 and 22 CFR 22.1. Confirm on the USCIS fee schedule before paying, or total them with our fee calculator.
Want help applying this to your situation? Email us to be connected with a participating immigration attorney, or see free and low-cost legal help.
Timing varies by USCIS office, consulate and case. Spouses of U.S. citizens do not wait for a visa number, so the main factors are processing times, background checks and interview scheduling. Spouses of green card holders in F2A also need a current priority date; in November 2026 the final action date was October 22, 2026 for most countries.
USCIS looks for evidence of a shared life: a joint lease or mortgage, joint bank accounts and taxes, insurance naming each other, children's birth certificates, photos over time, and statements from people who know the couple. A smaller set of consistent, dated documents is usually more persuasive than a large pile of photos.
For adjustment of status with USCIS, both spouses are generally expected to attend. For consular processing, the immigrating spouse attends the interview abroad, and the U.S. spouse usually does not. USCIS may waive some interviews, but as of October 2026 it has been interviewing more family cases.
The conditional resident can still file Form I-751 alone and ask for a waiver of the joint filing requirement, showing the marriage was entered in good faith. Evidence from the time of the marriage becomes important. An attorney can help, because these cases often involve an interview and careful documentation.
A spouse in the United States who files Form I-485 can request a work permit with Form I-765, which costs $260 when filed with or after a pending I-485 as of October 2026. A final rule effective October 14, 2026 ended automatic extensions for certain renewal work permits, so file renewals early.
As of October 2026, a spouse applying inside the U.S. usually pays $675 for Form I-130 ($625 online) and $1,440 for Form I-485, plus $260 for a work permit and $630 for advance parole if requested. A spouse abroad pays the I-130 fee, a $325 State Department visa fee and a $235 USCIS immigrant fee. Medical exam and attorney fees are extra.
General information, not legal advice. Immigration rules change and every case is different; talk to a qualified immigration attorney about your situation. USVisa.com is not a government website. Spot an error? Tell us.