Overview

Two categories, one goal.

The marriage-based green card is available to the spouse of either a US citizen or a lawful permanent resident (LPR). The category determines how quickly the case can move: spouses of US citizens are immediate relatives — the most favorable immigration classification, with no annual numerical cap and no waiting period for visa availability. Spouses of LPRs fall under the F2A preference category, which is subject to annual limits and requires confirmation of visa availability before the adjustment-of-status application can be filed.

Both categories offer the same two procedural paths. Adjustment of status (I-485) allows a beneficiary already in the US in valid nonimmigrant status to apply for the green card without leaving the country — and to receive work authorization and travel permission while the case is pending. Consular processing is for beneficiaries outside the US: the National Visa Center coordinates documents, and the beneficiary attends an immigrant visa interview at a US embassy or consulate abroad before entering as a lawful permanent resident.

Where the marriage is less than two years old at the time the green card is granted, USCIS issues a conditional two-year green card. The conditions are removed by filing Form I-751 — a joint petition with the petitioning spouse — within the 90-day window before the conditional card expires. Planning for the I-751 filing begins at the green card stage, not at the two-year mark.

How the process works

Two paths to permanent residence.

The path depends on where the beneficiary is located when the green card application is ready to be filed. Both paths begin with the I-130 spousal petition.

Path 1

Adjustment of status

For beneficiaries already in the US. File I-130 and I-485 together (for USC spouses with an immediately available visa number). Concurrent I-765 (EAD) and I-131 (Advance Parole) give work and travel authorization while the case is pending. Interview at local USCIS field office — both spouses attend. Avoid international travel before Advance Parole is issued.

Path 2

Consular processing

For beneficiaries outside the US. After I-130 approval, the case transfers to the National Visa Center for document collection. Once complete, NVC forwards the case to the US embassy or consulate for an immigrant visa interview. The beneficiary enters the US on the immigrant visa and becomes an LPR upon entry. No EAD or Advance Parole — status begins at the border.

USC spouse

Immediate relative — no cap

No annual numerical limit. No priority date or waiting period for visa availability. I-130 and I-485 can often be filed concurrently. Faster overall processing compared to LPR-sponsored spouses. Conditional residence applies if the marriage is less than two years old when the green card is granted.

LPR spouse

F2A preference — visa availability required

Subject to annual numerical caps. I-485 cannot be filed until a visa number is available under the F2A priority date. Check the monthly Visa Bulletin for current availability. LPR spouses in the US typically maintain valid nonimmigrant status or file on parole while waiting for a current priority date. Petitioner can naturalize to convert the case to immediate relative status.

Pricing

Fixed fees, two tiers.

Attorney fees cover the full petition through green card approval — I-130, adjustment package or consular processing, and interview preparation. Removal of conditions (I-751) is a separate add-on engagement.

Standard
$4,500
Attorney fees only
I-130 petition preparation
I-485 or DS-260 package
I-765 and I-131 (if AOS path)
Interview preparation
Premium
$5,500
Includes RFE response + re-file
Everything in Standard
Priority case management
One RFE response included
One re-file if petition is denied

Removal of conditions (I-751) is a separate engagement at $2,500. Government filing fees are separate: USCIS I-130 filing fee is $675; I-485 is $1,440 (includes biometrics); consular immigrant visa application fee (DS-260) is $325. The controlling fee is the amount in your retainer agreement.

What to expect

Typical timeline — adjustment of status path.

Timelines vary by USCIS field office and whether the case involves a USC or LPR petitioner. The steps below reflect the most common path — immediate relative of a US citizen, adjustment of status.

1

I-130 and I-485 concurrent filing

For USC spouses, I-130 and I-485 are filed together with I-765 and I-131. USCIS acknowledges receipt and schedules biometrics. For LPR spouses, I-130 is filed first; I-485 follows once visa availability is confirmed.

Filed together (USC) or sequentially (LPR)
2

Biometrics and EAD / Advance Parole

USCIS schedules a biometrics appointment at an Application Support Center. The EAD and Advance Parole travel document are typically issued within a few months of filing — often before the green card interview is scheduled.

2–5 months after filing
3

Interview at USCIS field office

Both spouses attend the interview at the local USCIS field office. The officer reviews the marriage bona fides and the beneficiary's admissibility. We prepare both spouses with a thorough interview prep memo and a review of expected questions.

8–16 months after filing (varies by office)
4

Green card approval and card production

If approved at interview, the I-485 is granted. The green card is mailed within a few weeks. If the marriage was less than two years old at time of grant, USCIS issues a conditional two-year card with I-751 required before expiration.

Weeks after interview
5

Removal of conditions (if conditional GC)

Joint I-751 petition filed in the 90-day window before the two-year conditional card expires. USCIS issues a receipt notice extending status while adjudicating. Approval results in a permanent 10-year green card.

Filed ~21–24 months after green card grant
FAQ

Common questions.

Spouses of US citizens are immediate relatives — there is no annual cap and no waiting period for visa availability. Spouses of lawful permanent residents fall under the F2A preference category, subject to annual limits. F2A backlogs have historically been under two years but can lengthen. Both categories use the same I-130 petition; the distinction affects how quickly the I-485 or immigrant visa can be filed.
If the marriage is less than two years old when the green card is granted, USCIS issues a two-year conditional green card. To remove the conditions, both spouses must jointly file Form I-751 within the 90-day window before the card expires. If the marriage has ended due to divorce, abuse, or death of the petitioning spouse, there are provisions to file I-751 without a joint signature. Allowing the conditional card to expire without filing I-751 can result in loss of status.
Yes, if filing through adjustment of status. You can concurrently file Form I-765 (EAD) with the I-485. Once issued — typically within a few months — you are authorized to work for any employer. Form I-131 (Advance Parole) permits international travel while the I-485 is pending. Travel outside the US before Advance Parole is issued may abandon the pending application.
For USC spouses filing via adjustment of status, total processing from I-130/I-485 filing to green card approval typically ranges from 12 to 20 months depending on the USCIS field office. Consular processing typically takes 10 to 18 months from I-130 filing to immigrant visa issuance. LPR spouses must also wait for F2A visa availability, which adds time depending on current Visa Bulletin priority dates.
For adjustment of status, USCIS typically schedules a joint interview at the local field office where both spouses appear together. Officers assess marriage bona fides through questions about the couple's history, daily life, finances, and living arrangements — and may interview spouses separately. For consular processing, the beneficiary attends the immigrant visa interview abroad; the petitioner does not typically attend.