A marriage green card generally has two steps: the U.S. citizen or green card holder first files the I-130 to show the marriage is genuine and valid; the spouse then applies for adjustment of status with the I-485 if in the United States, or goes through consular processing if abroad. There are several new changes in 2026 that directly affect U.S. marriage green card applications, so before filing, make sure which path applies to you. The information below is current as of November 6, 2026.
Two Paths
Adjustment of status inside the U.S. The spouse of a U.S. citizen is an immediate relative, and visa numbers are not limited. If you are in the United States, were inspected at entry and admitted or paroled, you may file the I-130 and I-485 together. If you entered without inspection, you generally cannot adjust status inside the U.S., with only a few exceptions, so have a lawyer check first. The spouse of a green card holder must wait according to the monthly Visa Bulletin and must also meet conditions such as maintaining status. While an I-485 is pending, leaving the U.S. without obtaining a travel document (advance parole) is generally treated as abandoning the application.
Consular processing abroad. After the I-130 is approved, the case is transferred to the National Visa Center (NVC) to collect fees and documents, and the consulate then schedules the interview.
Current USCIS fee schedule: I-130 paper filing $675, online $625; I-485 paper filing $1,440, online $1,390.
Changes to Watch in 2026
- Discretionary review of adjustment of status. Memorandum PM-602-0199 of May 21, 2026 says adjustment of status is an "exceptional" discretionary relief and is not meant to replace consular processing. Officers weigh factors such as status violations, failure to depart on time, family relationships and conduct, with violations of status conditions and failure to depart on time given heavy weight. A USCIS news release the next day was worded more strongly, saying that people temporarily in the U.S. who want green cards must, unless their circumstances are very unusual, return to their home country to apply. Citizen spouses are not subject to certain statutory limits such as overstays, and that has not changed; but the memorandum does not exclude citizen spouses or set separate rules, so an overstay or violation may still be treated as an adverse factor. The effect has to be judged case by case. It cannot be said that a citizen's spouse is certainly unaffected, nor that a case will certainly be denied. On October 5, 2026, a lawsuit was filed challenging this memorandum and the policy of denying without issuing a Request for Evidence (AAUP v. Mullin, U.S. District Court for the District of Massachusetts, No. 1:26-cv-14527). As of the date of this article, we have not found a court order suspending these policies; please check for the latest developments before filing.
- Two reviews of whether the marriage is genuine. It is reviewed separately at the I-130 and I-485 stages.
- May be denied directly. From August 2026, when initial evidence is insufficient, officers may deny directly without issuing a Request for Evidence (RFE).
- New public charge rule. Effective September 18; the I-485 must be the 09/18/26 edition, and earlier editions are not accepted.
- Notice to appear. If an applicant may be removable, USCIS may issue a Notice to Appear (NTA).
If you have an overstay or a problem in your status record, do not leave on your own to go to a consulate; leaving can itself bring a bar on re-entry. Have a marriage green card lawyer check your records first, then decide the path.
What to prepare
- Status: both spouses' passports, birth certificates, entry records, and the sponsor's proof of citizenship or green card.
- Marriage: marriage certificate; divorce decrees or termination documents for both spouses' prior marriages.
- Genuineness: joint lease or property, joint accounts, tax returns, insurance, photos together, correspondence records.
- Financial support: I-864; the sponsor's income must reach 125% of the federal poverty line.
- Medical exam: the I-693 is filed together with the I-485.
- Foreign-language documents must come with a complete English translation and a translator's certification.
How to Prepare for the Interview
Whether a marriage green card case has an interview is decided by the agency. After you get the notice, each spouse should reread the application forms and check the timeline of how you met, married, lived together and worked. Bring the originals and recent evidence of living together. Answer truthfully, say so if you do not remember, and do not compare answers with each other. If there was an arrest, a prior marriage was very short or your status was interrupted, discuss it with an immigration lawyer beforehand.
After You Get the Green Card
If you have been married less than 2 years when you receive the green card, you get a 2-year conditional green card. The couple generally files the I-751 together within the 90 days before it expires. If there is a divorce, the spouse has died or there was domestic violence, you may apply for a waiver of the joint filing. If you plan to naturalize afterward, see Naturalization N-400 Process.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street Suite 5-D5). Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Immigration is a federal matter, and representation in cases in other states is arranged according to the applicable rules of practice and the scope of engagement. If you need a New York marriage green card lawyer to assess your case, call 347-618-3386. For our services, see Immigration Legal Services.
FAQ
Does the spouse of a U.S. citizen have to wait for a visa number?
The spouse of a U.S. citizen is an immediate relative, and visa numbers are not limited. If you are in the United States and were inspected and admitted or paroled, you may file the I-130 and I-485 together; if you entered without inspection, you generally cannot adjust status inside the U.S. The spouse of a green card holder must wait according to the monthly Visa Bulletin.
I overstayed. Can I leave first and go through a consulate?
Do not leave on your own; leaving can itself bring a bar on re-entry. Have a lawyer check your records first, then decide the path.
What kind of green card do I get if I have been married less than 2 years?
If you have been married less than 2 years when you receive the green card, you get a 2-year conditional green card, and the couple generally files the I-751 together within the 90 days before it expires.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, federalregister.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.