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Green Card Through Marriage: 2026 Process, Fees and Timeline

How to get a green card through marriage in 2026: I-130 and I-485 in the US vs consular processing, USCIS fees, the new public charge rule and timelines.

By StudyImmigration Editorial Team · Updated · 7 min read

To get a green card through marriage, your US citizen or permanent resident spouse files Form I-130 for you, and you then either adjust status inside the US with Form I-485 or go through consular processing at a US embassy abroad. As of October 2026, USCIS fees for a spouse of a US citizen applying inside the US are $675 for the I-130 plus $1,440 for the I-485 on paper ($625 and $1,390 online). Since September 18, 2026, a new public charge rule applies to I-485s.

Key points

  • Spouses of US citizens are immediate relatives: no annual cap and no Visa Bulletin wait.
  • Spouses of permanent residents (F2A) must wait for their priority date to be current.
  • Inside the US: file I-130 and I-485 together (concurrent filing) if you were lawfully admitted or paroled.
  • The new public charge rule applies to I-485s filed on or after September 18, 2026, and only the 09/18/26 edition of Form I-485 is accepted.
  • Married less than 2 years at approval? You get a 2-year conditional green card and must file Form I-751 later.

Which path applies to you

Your situationPathWait for a visa number?
Spouse of a US citizen, in the US after lawful admission or paroleI-130 + I-485 filed together (adjustment of status)No
Spouse of a US citizen, living abroadI-130, then National Visa Center (NVC) and an embassy interviewNo
Spouse of a permanent resident, in the US and in statusI-130, then I-485 when the F2A priority date is currentYes
Spouse of a permanent resident, abroadI-130, then NVC and embassy when the priority date is currentYes
Fiancé(e) of a US citizen, abroadK-1 visa, marriage within 90 days, then I-485No

If you are not yet married and your partner is abroad, compare this with the K-1 fiancé(e) visa. People who entered without inspection or fell out of status may not be able to adjust inside the US; speak with an immigration lawyer before filing anything.

USCIS fees (G-1055 edition 10/07/26)

FormPurposePaperOnline
I-130Petition for your spouse$675$625
I-485 (age 14+)Green card application inside the US$1,440$1,390
I-485 (under 14, filing with a parent)Child’s application$950$900
I-765Work permit while I-485 is pending$260$260
I-131Advance parole (travel) while I-485 is pending$630$580
I-864Affidavit of Support$0$0
I-693Medical exam form (civil surgeon charges separately)Civil surgeon’s feeCivil surgeon’s fee
USCIS Immigrant FeeFor consular immigrants, after the visa is issued$235$235

Source: USCIS fee schedule. The I-485 is filed on paper or online depending on availability; check the I-485 page. Consular applicants also pay State Department fees for the immigrant visa application and Affidavit of Support review; check the State Department fee page for current amounts.

Process inside the US (adjustment of status)

  1. Prepare the I-130 package. Your spouse files Form I-130 with proof of their citizenship or green card, your marriage certificate, proof that any earlier marriages ended, and evidence the marriage is genuine. You also complete Form I-130A.
  2. Prepare the I-485 package. Use only the 09/18/26 edition of Form I-485. USCIS says there is no grace period, and older editions postmarked on or after September 18, 2026 are rejected.
  3. Include the medical exam. Since December 2, 2024, you must submit Form I-693 from a USCIS-designated civil surgeon with the I-485, or USCIS may reject it.
  4. Include the Affidavit of Support. Your spouse signs Form I-864 and shows income at or above the required level (generally 125% of the Federal Poverty Guidelines for their household size). A joint sponsor can help if income is too low.
  5. Add optional forms. File I-765 for a work permit and I-131 for advance parole if you need them. Do not travel abroad without advance parole while your I-485 is pending, or USCIS may treat the application as abandoned (limited exceptions apply to some H-1B and L-1 holders).
  6. Biometrics. Attend your Application Support Center appointment.
  7. Interview. USCIS usually interviews marriage-based applicants, often with both spouses present.
  8. Decision. If approved, your green card arrives by mail.

Process from abroad (consular processing)

  1. USCIS approves the I-130 and sends it to the National Visa Center.
  2. You pay State Department fees, submit Form DS-260, and upload civil documents and the I-864.
  3. The NVC schedules an interview at the embassy or consulate in your country of residence.
  4. You complete a medical exam with an embassy-approved panel physician.
  5. After the interview and approval, you receive an immigrant visa, pay the $235 USCIS Immigrant Fee, and enter the US. Your green card is mailed to you.

Consular issues in 2025-2026

  • Travel ban: Proclamation 10998, in effect since January 1, 2026, restricts immigrant visas for nationals of 39 countries and removed the earlier exception for immediate relatives such as spouses of US citizens. See US travel ban 2026: full list of 39 countries.
  • Immigrant visa pauses: a January 21, 2026 State Department pause on immigrant visa issuance for nationals of 75 countries was vacated by a federal district court on August 21, 2026. A worldwide pause on immigrant visa interviews was then reported in late August 2026. Check with the NVC and your embassy for the current scheduling status before you plan travel.

The 2026 public charge rule

DHS’s public charge final rule, published July 20, 2026, applies to I-485s postmarked or electronically submitted on or after September 18, 2026. According to USCIS guidance, it replaces the 2022 rule with a case-by-case review of the totality of your circumstances.

Benefits receivedWhat USCIS considers
Before September 18, 2026Only public cash assistance for income maintenance and long-term institutionalization at government expense
On or after September 18, 2026Any and all means-tested benefits

The I-864 is still required for marriage-based cases, and officers may consider it in the public charge decision. The rules on which benefits count, and whose, are detailed, so ask a lawyer if you or anyone in your household receives public benefits. For more, see the 2026 public charge rule.

Proving a real marriage

USCIS wants to see that you married to build a life together, not to get a green card. Strong evidence includes:

  • a joint lease or mortgage;
  • joint bank accounts and shared bills;
  • joint tax returns;
  • health or car insurance listing each other;
  • birth certificates of children you have together;
  • photos over time with family and friends;
  • travel records, messages and call logs showing a relationship before and after marriage.

At the interview, officers may ask about daily routines, how you met, your home and your families. Answer honestly. If you do not know an answer, say so.

Conditional residence and the I-751

If your marriage is less than 2 years old on the day you become a permanent resident, your green card is conditional and valid for 2 years. You must file Form I-751 jointly with your spouse in the 90 days before it expires. As of October 2026 the fee is $750 on paper or $700 online. See removing conditions on your green card (Form I-751).

How long it takes

Processing times depend on the USCIS field office, the NVC and the embassy, and they change often. Use the official USCIS processing times tool for I-130 and I-485, and check the NVC timeframes page for consular cases. For spouses of permanent residents, the wait also depends on the monthly Visa Bulletin. In October 2026, USCIS is accepting family-based I-485s under the Dates for Filing chart. See how to read the Visa Bulletin.

Later: citizenship

Once you are a permanent resident, you may be able to apply for citizenship after 3 years if you are still married to and living with your US citizen spouse. See US citizenship through marriage: the 3-year rule.

When to talk to a lawyer

Speak with a licensed immigration attorney if you entered without inspection, overstayed, have any criminal record, were previously denied a visa, have a prior marriage-based petition, are from a travel-ban country, or have received means-tested benefits.

What to do next

  1. Decide whether you will adjust status in the US or process abroad.
  2. Book a civil surgeon (US) or panel physician (abroad).
  3. Check that your sponsor meets the I-864 income requirement, or find a joint sponsor.
  4. Download the current 09/18/26 edition of Form I-485 if you are filing inside the US.
  5. Follow the US country hub and updates page for policy changes.

General information, not legal advice. Checked against USCIS sources on October 11, 2026.

Frequently asked questions

How much does a marriage green card cost in 2026?

For a spouse of a US citizen adjusting status inside the US, USCIS fees as of October 2026 are $675 for the I-130 on paper ($625 online) plus $1,440 for the I-485 on paper ($1,390 online). A work permit (I-765) filed with a pending I-485 costs $260, and advance parole (I-131) costs $630 on paper. The medical exam fee is set by the civil surgeon.

Can I file the I-130 and I-485 together?

Yes, if your spouse is a US citizen and you are in the US after a lawful admission or parole. Spouses of US citizens are immediate relatives with no annual cap, so the I-485 can be filed at the same time as the I-130.

Does the 2026 public charge rule apply to marriage green cards?

Yes. Spouses of US citizens and permanent residents are generally subject to the public charge ground. The new rule applies to I-485s postmarked or submitted on or after September 18, 2026, and an Affidavit of Support (Form I-864) is still required.

Will I get a conditional green card?

If you have been married for less than 2 years on the day your green card is approved, you receive a 2-year conditional green card and must file Form I-751 to remove the conditions.

What if my spouse is a green card holder, not a citizen?

Spouses of permanent residents are in the F2A preference category, which has an annual cap. You can only file the I-485 (or finish consular processing) when your priority date is current under the chart USCIS or the State Department is using that month.

Sources

Immigration rules change often. This article is general information, not legal advice. Check the USCIS website or speak to a licensed immigration lawyer before you apply. Spotted something out of date? Tell the community .

Cite this page

StudyImmigration. (October 11, 2026). Green Card Through Marriage: 2026 Process, Fees and Timeline. https://studyimmigration.com/blog/green-card-through-marriage/

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