Marriage-Based Green Card:
How to Get a Green Card Through Marriage
If you’re married to a U.S. citizen or lawful permanent resident (Green Card holder), you may qualify for lawful permanent residence through marriage. Santana Residency Law helps couples throughout Miami and across the U.S. file Form I-130, gather evidence of a bona fide marriage, and prepare for the Green Card interview.
This page is for general information only and is not legal advice — every case is different. Call Santana Residency Law at 305-916-4800 to discuss your specific case.
How the Marriage Green Card Process Works
The U.S. citizen or lawful permanent resident spouse (the petitioner) files Form I-130, Petition for Alien Relative, on behalf of the foreign national spouse (the beneficiary). What happens next depends on where the beneficiary lives
Adjustment of Status (AOS)
- Who it's for: Beneficiary already lawfully present in the U.S.
- Where it's completed: With USCIS, without leaving the country
- Common companion filings: Often filed together with Form I-485
Make Yourself Accountable
- Who it's for: Beneficiary living outside the U.S.
- Where it's completed: At a U.S. embassy or consulate abroad
- Common companion filings: Case moves to the National Visa Center after I-130 approval
Proving Your Marriage Is Bona Fide
USCIS requires evidence that your marriage was entered into in good faith — not solely to obtain immigration benefits. Strong supporting evidence commonly includes:
- Birth certificates of children born to the marriage
- Joint bank accounts, leases, insurance policies, and shared bills
- Affidavits from family and friends
- Travel records and correspondence
- Photographs together throughout your relationship
What to Expect at the Marriage Green Card Interview
Most couples are scheduled for an in-person interview at their local USCIS field office. Genuine couples are often surprised by how detailed the officer’s questions can get — about your relationship history, daily routine, and household life. Preparing in advance helps you answer confidently and present your evidence in an organized way.
How Long Does a Marriage-Based Green Card Take?
Timelines vary based on whether the petitioner is a U.S. citizen or a lawful permanent resident, which application path you use, your local USCIS field office’s workload, and your individual case details. Most marriage-based cases fall between 10 and 24 months, though cases with any complications can take longer — and some couples see faster or slower results depending on their specific field office. For the most current estimate, check USCIS’s official processing-times tool for your case type and office.
Some applicants may also receive a work permit (EAD) and Social Security Number before their Green Card is approved.
Note: some recent sources reference expanded I-130 premium processing and broader interview waivers for straightforward cases — this varies and should be confirmed against current USCIS policy before publishing, since it isn’t consistently reported.
Do you have questions about your immigration case?
(305) 916-4800
Our team is here to listen, answer your questions, and help you understand your next steps.
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How Santana Residency Law Can Help
Working with an experienced immigration attorney can help you avoid
delays, respond to Requests for Evidence, and present the strongest
possible application. Our office helps with:
- Preparing evidence of a bona fide marriage
- Completing and filing immigration forms
- Interview preparation — what to expect and how to prepare
- Attorney accompaniment at your USCIS interview
Most marriage-based Green Card cases take approximately 10 to 24 months, though timelines vary by petitioner status, application path, and local USCIS workload. Check USCIS's processing-times tool for current estimates specific to your case.
Required documents depend on whether you're applying through Adjustment of Status or Consular Processing, but commonly include a marriage certificate, proof any prior marriages were legally terminated, birth certificates, passport-style photos, medical exam documentation, and evidence of a bona fide marriage.
Officers generally ask about your relationship story — how you met, when you decided to marry, and when you moved in together — along with details about any previous marriages and shared life together. Answering truthfully and consistently matters more than any single "right" answer.
No, it's not legally required. However, immigration forms, evidence requirements, and government requests can be complex, and an attorney can help identify potential issues, strengthen your application, and accompany you to your interview.
Some applicants become eligible for a work permit (EAD) and Social Security Number before their Green Card is approved, depending on their application type and stage. [Link to your EAD/work authorization page once available.]
Adjustment of Status is for beneficiaries already lawfully present in the U.S. and is completed without leaving the country. Consular Processing is for beneficiaries living abroad and is completed through a U.S. embassy or consulate after I-130 approval.
Let’s talk about your immigration case
Our team can help you understand your options and the next steps based on your situation.