Marriage-Based Green Card in 2026: Process, Documents, and Timeline for Spouses of U.S. Citizens and Green Card Holders

A marriage-based green card in 2026 is a two-stage process: the spouse — a U.S. citizen or green card holder — files an I-130 petition, and the foreign spouse then obtains status either inside the United States (I-485, adjustment of status) or through a consulate (NVC and DS-260). Spouses of U.S. citizens do not wait in line and can file the I-130 and I-485 together. Spouses of green card holders (the F2A category) depend on the Visa Bulletin. Below are the stages, the documents for each form, the fees, and real timelines as of October 15, 2026.

In short:

• The spouse of a U.S. citizen is an immediate relative: there is no wait, and if they entered on a visa, the I-130 and I-485 can be filed concurrently.
• The spouse of a green card holder falls under F2A. In the October 2026 Visa Bulletin: Final Action Date — 22SEP26, Dates for Filing — Current.
• Fees for filing inside the U.S. (paper filing): I-130 — $675, I-485 — $1,440, I-765 — $260, I-131 — $630. Total: $3,005.
• The I-693 medical exam is filed together with the I-485. Since June 11, 2025, it is valid only for the application it is submitted with.
• If the marriage is less than two years old on the approval date, a 2-year conditional green card is issued. The conditions are removed with Form I-751.

Who can get a marriage green card: U.S. citizen vs. green card holder spouse

The path depends on the status of the sponsoring spouse (the petitioner), not on your country.

The spouse of a U.S. citizen is an immediate relative. This category has no annual limits, so the Visa Bulletin does not affect it. If the person entered the U.S. lawfully — on a visa, with inspection at the border — they can generally apply for adjustment of status even after their authorized stay has expired (overstay). This is one of the key differences from other categories.

The spouse of a green card holder falls under F2A, which is subject to annual quotas. The I-485 can be filed only once the priority date (the date the I-130 was filed) is "current" under the Visa Bulletin. In addition, a spouse in the U.S. must maintain lawful status the entire time. An overstay or unauthorized employment usually closes the path inside the country, leaving consular processing.

Important: for green card applications filed inside the U.S., USCIS announces each month which Visa Bulletin chart (Final Action Dates or Dates for Filing) may be used. Check this on uscis.gov before filing. For other paths to a green card, see our overview of all the ways to get a green card in 2026.

Steps: how to get a marriage green card in 2026

Path 1. Inside the U.S.: I-130 and I-485 together

If you are in the U.S. and eligible to adjust status, the package is sent in one mailing (concurrent filing):

1. I-130 (Petition for Alien Relative) — the sponsoring spouse's petition, accompanied by I-130A with the foreign spouse's information.
2. I-485 — the green card application.
3. I-864 (Affidavit of Support) — the sponsor's financial commitment.
4. I-693 — the medical exam by a USCIS-designated doctor (civil surgeon).
5. Optional: I-765 (work permit) and I-131 (advance parole — travel permission).

Next come the receipt notices, a biometrics appointment, and then possible RFEs and an interview. If you leave the U.S. before receiving advance parole, the I-485 will generally be considered abandoned.

Path 2. Through a consulate: NVC and DS-260

If the spouse is abroad or not eligible to adjust status inside the U.S.:

1. USCIS approves the I-130 and transfers the case to the National Visa Center (NVC).
2. In the CEAC account, you pay the fees, upload the I-864 and civil documents, and complete the DS-260.
3. After review (documentarily qualified status), the embassy schedules an interview. Before it, you need a medical exam with a panel physician.
4. After the visa is issued (preferably before entry), the USCIS Immigrant Fee is paid, and the card arrives by mail after entry.

Important: in summer 2026, the State Department paused immigrant visa interviews worldwide to train staff on the new public charge rules. No single resumption date has been officially announced: as of October 16, 2026, it is not confirmed that interviews have resumed everywhere. The pause for 75 countries was struck down by a court on August 21, 2026 (CLINIC v. Rubio); the government is appealing to the Second Circuit, but as of October 19, 2026, the court's decision remains in effect: there is no report of a stay by the Second Circuit. Details in our article on the lifting of the pause for 75 countries.

Marriage green card: documents for each form

Below is a baseline list based on the USCIS form instructions. Before filing, check it against the current edition of the instructions. Documents not in English must be submitted with a complete certified translation (required by 8 CFR 103.2(b)(3)). More in our article on translating documents for USCIS.

How to prove the marriage is real

Evidence of a genuine relationship (bona fide marriage) is the core of the case. It typically includes:

• a joint lease or property, documents showing a shared address;
• joint bank accounts, credit cards, tax returns filed "married filing jointly";
• health insurance listing the spouse as a family member;
• birth certificates of children born to the couple;
• photos from different periods, correspondence, tickets from trips together;
• written affidavits from people who know the couple.

Example: a hypothetical couple — a U.S. citizen and a wife who entered on an F-1 visa. Six months after the wedding, they have a joint lease, a joint account, and insurance. That is usually enough to file. The weak spot is different addresses on their driver's licenses, and it is better to fix that before sending the package than to explain it at the interview.

I-693 medical exam: 2026 rules

• Since December 2, 2024, the I-693 is filed together with the I-485. Without it, USCIS may reject the application.
• The "60-day rule" (the doctor's signature no earlier than 60 days before filing) was eliminated on March 31, 2023.
• Since June 11, 2025 (Policy Alert PA-2025-08), the I-693 is valid only for the application it was filed with. If the I-485 is denied or withdrawn, a new filing requires a new medical exam.
• Do not open the envelope from the doctor. Keep a copy of the form for yourself.

How much a marriage green card costs in 2026: USCIS fees

The base fees were set by the 2024 rule and did not change in 2026. The increase effective October 16, 2026, applies to fees under H.R. 1 (asylum, parole, TPS), not to the forms in this package. Check the amounts against Form G-1055 and the USCIS fee calculator on the day you pay. The full table is in our article on USCIS fees in 2026.

An in-country package with a work permit and advance parole costs $3,005 in fees when filed on paper. The medical exam, translations, and photos are paid separately.

I-864 and public charge in 2026: sponsor requirements

For I-485 applications filed on or after September 18, 2026, a new public charge rule applies. USCIS may consider any means-tested benefits — Medicaid, SNAP, WIC, housing assistance — and evaluates the applicant under the totality of the circumstances. The I-864 is still required, but it is now a "minimum requirement" rather than a strong factor in the applicant's favor. Details in our article public charge 2026: the new rule.

The sponsor's minimum income is 125% of the federal poverty guidelines. For the 48 contiguous states, that is $27,050 for a household of 2, $34,150 for 3, $41,250 for 4, plus $7,100 for each additional person. Verify the figures against the current Form I-864P. If income falls short, you can count assets, household members' income (I-864A), or bring in a joint sponsor.

Important: in the new I-485 edition (09/18/26), items 63–64 require you to list all means-tested benefits received, with dates and amounts. Do not drop benefits on your own — first check with an attorney whether the rule applies to you.

Interview and timelines: how long a marriage green card takes

Interviews in marriage cases in 2026 are the rule rather than the exception. Since August 1, 2025, Policy Alert PA-2025-12 applies to new and pending I-130s: it clarifies when an interview is mandatory and allows denials without an RFE. Since August 5, 2026 (PA-2026-05), USCIS may deny for insufficient evidence without an RFE or NOID on any application, including those already pending, so the package must be complete the first time. How interviews work now — in our article on USCIS interviews in 2026.

At the interview, spouses may be asked about how they met, the wedding, daily life, work, and plans. When there are doubts, they are sometimes interviewed separately. You bring your own interpreter.

Real timelines from our cases

In the marriage cases we have handled, the I-130 took 11 to 26 months, and the I-485 about 21–22 months. Examples with dates are in our review of approved marriage green card cases. According to USCIS data as reported by a third-party service (as of September 17, 2026), I-485 processing at the New York field office takes 14.5 to 33.5 months. Before filing, check egov.uscis.gov/processing-times. What the statuses in your account mean — in our article on USCIS case statuses.

While the I-485 is pending, the work permit (EAD) is issued for a maximum of 18 months. The automatic EAD extension upon filing for renewal no longer applies as of October 30, 2025.

Conditional green card and I-751: what you need to know

If the marriage is less than two years old on the date the green card is approved or the date of entry on an immigrant visa, a 2-year conditional green card is issued: category CR6 inside the U.S. or CR1 through a consulate. If the marriage is older than two years, a 10-year card is issued (IR6/IR1).

To get a permanent card, the spouses jointly file I-751 within the 90 days before the conditional card expires. If the deadline is missed without good cause, conditional status terminates, and USCIS may issue a Notice to Appear. The I-751 receipt extends status for 48 months beyond the card's expiration. Processing currently takes more than two years.

The I-751 is filed with recent evidence of living together over the past two years. If the marriage has ended or there is abuse, the I-751 can be filed without the spouse by requesting a waiver. Such cases are best discussed with an immigration attorney.

K-1 fiancé(e) visa: when it is an alternative

If you are not yet married and your partner is a U.S. citizen, the K-1 visa is an option. The citizen files the I-129F ($675), the fiancé(e) obtains a visa at the embassy, the couple must marry within 90 days of entry, and then the I-485 is filed. K-1 is not available to green card holders. Compared with marrying abroad and going through CR1/IR1, this path offers faster entry but requires a second stage and paying the I-485 fee in the U.S.

Red flags: what most often leads to RFEs and denials

• Entry on a tourist visa followed by a quick wedding. The May 2026 USCIS memorandum PM-602-0199 describes adjustment of status as a discretionary benefit and considers intent at entry on B-1/B-2, F-1, and J-1.
• Prior removal orders, including in absentia, and entry without inspection. In 2025, ICE arrests at marriage interviews were reported. Such cases are reviewed via FOIA and with an attorney before filing.
• Inconsistencies: different addresses, contradictions in the forms and at the interview, prior marriages not legally ended.
• A weak I-864 or means-tested benefits received after September 18, 2026.
• Prior denials, a sham marriage in the history (INA 204(c)), arrests — even without a conviction.
• For F2A: loss of lawful status before the priority date becomes current.
• Citizens of Turkmenistan: under a proclamation in effect since January 1, 2026, immigrant visas are suspended. See the list of restricted countries.

What to do now: checklist

1. Determine your category: spouse of a citizen (immediate relative) or of a green card holder (F2A). For F2A, check your priority date and the chart USCIS allows this month.
2. Choose your path: adjustment of status inside the U.S. or consular processing. Review your entry history, I-94, and status.
3. Gather civil documents for both spouses and order certified translations.
4. Prepare evidence of a bona fide marriage covering the entire relationship.
5. Calculate the sponsor's income against the I-864P. If it falls short, find a joint sponsor in advance.
6. Complete the I-693 medical exam right before filing and include the sealed envelope in the package.
7. Use current form editions (I-485 — 09/18/26, I-864 — 08/24/26) and verify fees against the G-1055.
8. If there are risks (overstay in F2A, prior denials, arrests, removal orders), discuss the case with an immigration attorney before filing.

How M&M can help

• Document preparation. We prepare the I-130, I-130A, I-485, I-864, I-765, and I-131 package, or the NVC and DS-260 documents, and check the forms for consistency.
• Translation and notary. Certified translation of civil documents and notarization at our office in Brooklyn.
• Work with partner attorneys. If the case involves risks, a licensed immigration attorney reviews it. Start with a free assessment or contact us.

Sources

• Visa Bulletin for October 2026 — travel.state.gov
• USCIS Fee Schedule, Form G-1055
• USCIS: I-130, Petition for Alien Relative
• USCIS: I-485, Application to Register Permanent Residence
• USCIS Policy Alert: I-693 Validity (June 11, 2025)
• USCIS: I-751, Petition to Remove Conditions on Residence
• Federal Register: Public Charge Ground of Inadmissibility (Jul 20, 2026)
• USCIS Policy Manual, Vol. 7, Part A, Ch. 5 — Interview Guidelines
• HHS Poverty Guidelines 2026 — Federal Register
• Headman Law: USCIS Filing Fees 2026 by Form

This material is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 15, 2026.