How does a marriage-based green card work?

The citizen or resident spouse files Form I-130 proving a bona fide marriage; the immigrant spouse either adjusts status inside the U.S. under 8 U.S.C. § 1255 or processes at a consulate abroad. Marriages under two years old at approval produce a conditional two-year card under 8 U.S.C. § 1186a.

The process runs on two petitions and one central question, whether the marriage is real. The U.S. citizen or permanent resident spouse files Form I-130 with evidence of a bona fide marriage: joint finances, cohabitation, photographs spanning the relationship, and affidavits. A spouse who entered the U.S. lawfully can usually file Form I-485 to adjust status without leaving, under 8 U.S.C. § 1255, with spouses of citizens treated as immediate relatives for whom a visa is always available; spouses abroad complete consular processing instead. An interview tests the marriage, and marriage fraud carries severe criminal and immigration penalties under 8 U.S.C. § 1325(c). If the marriage is less than two years old when residence is granted, the card is conditional under 8 U.S.C. § 1186a, and the couple must jointly petition to remove conditions in the 90 days before it expires. Entries without inspection, prior removals, and certain convictions complicate everything and warrant advice before filing.

Authority: 8 U.S.C. § 1255