Disclaimer: We assist with federal U.S. immigration (USCIS) matters only. Attorney Scott A. Maki is licensed in Minnesota only and cannot assist with state-law matters in any other state, including North Dakota.
A marriage green card lets your husband or wife live and work in the United States permanently. If you are a U.S. citizen or green card holder, you can sponsor your spouse.
The process has several steps and a lot of paperwork. Small mistakes can cause long delays. This page explains how it works, so you know what to expect.
Who can get a marriage green card?
You may qualify if you have a real, legal marriage and one of these applies:
- You are a U.S. citizen. Your spouse is an “immediate relative.” There is no yearly limit, so there is usually no waiting line for a visa number.
- You are a green card holder. Your spouse can still qualify, but they may have to wait for a visa number to become available.
USCIS will look closely at whether the marriage is genuine. In other words, you need to show you married to build a life together, not just for immigration benefits.
How does the marriage green card process work?
The steps depend on where your spouse lives right now.
If your spouse is in the United States
- We file Form I-130 (the petition), Form I-485 (the green card application), and Form I-765 (the work permit) together as one complete packet. This is called concurrent filing, and it is usually the fastest path.
- Your spouse can also request travel permission while the case is pending.
- Attend a biometrics appointment for fingerprints and photos.
- Attend a green card interview, usually together.
If your spouse lives abroad
- File Form I-130 with USCIS.
- After approval, the case moves to the National Visa Center (NVC) for fees and documents.
- Your spouse attends an immigrant visa interview at a U.S. embassy or consulate.
- Your spouse enters the U.S. and receives the green card by mail.
Why the right evidence matters
USCIS decides marriage green card cases based on the forms and evidence you file. Under USCIS policy guidance issued August 5, 2026, officers can now deny an application that is missing required evidence without first sending a Request for Evidence (RFE). In other words, you may not get a second chance to fix it.
We know what USCIS looks for, and we prepare and organize the evidence for you, so your case is complete the first time. Thinking about filing on your own? Read this first.
What is a conditional green card?
If you had been married less than two years when the green card is approved, your spouse gets a two-year conditional green card. Before it expires, you file to remove the conditions. Learn more on our Form I-751 page.
How long does a marriage green card take?
Timelines vary by USCIS office, by case type, and by whether your spouse is inside or outside the U.S. For current estimates, check the USCIS processing times page. A complete, well-organized filing is the best way to avoid extra delays.
How can an immigration lawyer help?
- Check eligibility and spot problems before you file
- Prepare every form and organize strong evidence
- Get you ready for the interview
- Respond to Requests for Evidence (RFEs)
- Answer your questions directly, without passing you to an assistant
Common questions about spouse green cards
Can my spouse work while the green card is pending?
Often, yes. If your spouse files Form I-485 inside the U.S., they can also apply for a work permit (Form I-765). The permit usually arrives months before the green card.
Can my spouse travel while we wait?
Be careful. Leaving the U.S. without advance parole can cause the green card application to be treated as abandoned. Talk to us before booking any trip.
What if my spouse overstayed a visa?
Spouses of U.S. citizens who entered legally can often still adjust status, even after an overstay. However, entering without inspection is very different. Get advice before filing anything.
Ready to start your spouse’s green card? Call (218) 461-4654 or send us a message. You will talk directly with the attorney.
Related pages
Official information: USCIS Form I-130 and USCIS Form I-485.
This page provides general information, not legal advice. Every case is different, and immigration rules change often.