Marriage Based Green Card: Complete Guide for Indians

This article was last updated and fact checked on April 28, 2025 by Mani Karthik.

The day my sister called to tell me she was engaged to her American boyfriend, our first question was about her immigration status.

Would she need to leave the US when her student visa expired? How long would it take to get a green card? The process seemed overwhelming at first.

After helping my sister and several friends navigate the marriage based green card process, I can tell you it is actually quite straightforward when you understand the steps.

I have created this comprehensive guide to walk you through exactly what to expect when applying for a green card through marriage to a US citizen.

Quick Overview: Marriage Based Green Cards

A marriage based green card allows the spouse of a US citizen or permanent resident to live and work permanently in the United States.

The process typically takes 12 to 24 months and costs approximately $1,960 in government filing fees.

The key steps include filing Form I-130 (petition), Form I-485 (adjustment of status) if in the US, or consular processing if abroad, attending an interview, and removing conditions if applicable.

This path to permanent residency is one of the fastest and most common ways for Indians to immigrate to the United States. The process varies depending on whether you are already in the US or still in India.

Types of Marriage Based Green Card Processes

The process you follow depends on your current location and status:

Adjustment of Status (If You’re Already in the US)

This applies when you’re legally in the US on a valid visa (student, work, visitor, etc.) and marry a US citizen:

• You can file forms I-130 and I-485 simultaneously (concurrent filing)
• You remain in the US throughout the entire process
• You can apply for work authorization while waiting
• Process typically takes 12 to 16 months

💡 Pro Tip: If you entered the US on a K-1 fiancé visa and then married your petitioner, you must use Form I-485 to adjust status within 90 days of your wedding. Missing this deadline can result in falling out of status and becoming ineligible for adjustment.

Consular Processing (If You’re in India)

This applies when you’re outside the US and marry a US citizen:

• Your US citizen spouse files Form I-130 first
• After approval, your case transfers to the National Visa Center (NVC)
• You attend an interview at the US Embassy in New Delhi or Consulates in Mumbai, Chennai, Kolkata, or Hyderabad
• Upon approval, you receive an immigrant visa to enter the US
• Green card is mailed to your US address after arrival
• Process typically takes 12 to 24 months

Step by Step Guide to Marriage Based Green Cards

Step 1: Establish a Legitimate Marriage

USCIS scrutinizes marriages carefully to prevent fraud:

• Have a legally valid marriage ceremony (civil or religious)
• Obtain an official marriage certificate
• Begin building evidence of a genuine relationship (joint accounts, photos, travel records, communication history)
• Consider a prenuptial agreement if appropriate (this does not negatively impact immigration)

Step 2: File the Initial Petition (Form I-130)

The US citizen spouse files this petition to establish the relationship:

• Complete Form I-130, Petition for Alien Relative
• Gather supporting documents:
  • Proof of US citizenship (passport, birth certificate, naturalization certificate)
  • Marriage certificate
  • Proof of termination of any previous marriages
  • Evidence of bona fide marriage (joint financial records, lease/mortgage, photos, etc.)
• Pay the filing fee ($535 in 2025)
• Submit the petition to USCIS

Step 3: Adjustment of Status or Consular Processing

If Adjusting Status in the US:

• File Form I-485 concurrently with or after I-130 approval
• Include Forms I-765 (work permit) and I-131 (travel permission)
• Attend biometrics appointment for fingerprinting
• Receive Employment Authorization Document (EAD) and Advance Parole (travel document) within 3 to 5 months
• Wait for interview scheduling

If Processing Through Consulate:

• After I-130 approval, case transfers to National Visa Center
• Pay immigrant visa fees
• Complete DS-260 immigrant visa application
• Submit civil documents and financial support evidence
• Complete medical examination with embassy approved physician
• Attend visa interview at US Consulate in India

Step 4: Attend the Green Card Interview

This critical step verifies your marriage legitimacy:

• Both spouses must attend
• Bring original documents and copies of everything submitted
• Be prepared for separate questioning about your relationship
• Answer truthfully; discrepancies raise red flags
• Typical questions cover how you met, daily routines, and knowledge about each other’s families

Step 5: Receive Decision and Green Card

After the interview:

• Approval may come immediately or take several weeks
• If approved, the physical green card arrives by mail in 2 to 4 weeks
• If more evidence is requested, submit it promptly
• Initial cards are conditional if marriage is less than 2 years old

Understanding Conditional vs. Permanent Green Cards

Conditional Green Cards

If your marriage is less than 2 years old when your green card is approved:

• You receive a conditional 2 year green card
• Must file Form I-751 to remove conditions during the 90 days before expiration
• Submit additional evidence showing ongoing legitimate marriage
• Failing to remove conditions can lead to status termination

Permanent Green Cards

If your marriage is over 2 years old when your green card is approved:

• You receive a 10 year permanent green card
• No requirement to prove ongoing marriage after approval
• Renew every 10 years using Form I-90

Common Mistakes to Avoid with Marriage Based Green Cards

1. Rushing into Marriage for Immigration Benefits

USCIS officers are trained to detect marriages entered solely for immigration purposes. A hastily planned wedding shortly before visa expiration raises red flags.

2. Insufficient Evidence of Bona Fide Marriage

Many couples provide limited or weak evidence of their relationship. Gather comprehensive documentation showing financial, social, and emotional integration.

3. Inconsistent Information During Interviews

Contradictory answers during separate spouse questioning create serious problems. Ensure both spouses are familiar with relationship details, family information, and daily routines.

4. Traveling During Pending Adjustment of Status

Leaving the US without Advance Parole while your I-485 is pending can result in abandonment of your application and denial of your green card.

5. Missing the I-751 Filing Window

Many conditional green card holders forget or delay filing to remove conditions, jeopardizing their permanent resident status. Set calendar reminders 6 months before the expiration date.

FAQs About Marriage Based Green Cards

How long does it take for an Indian spouse to get a green card through marriage?

For spouses of US citizens applying from within the US (adjustment of status), the process typically takes 12 to 16 months from filing to approval. For those applying from India (consular processing), expect 12 to 24 months due to visa interview backlogs at US consulates in India.

Can I work in the US while waiting for my marriage green card?

If you’re adjusting status within the US, you can apply for a work permit (Employment Authorization Document) using Form I-765 concurrently with your green card application. This typically arrives within 3 to 5 months and allows legal employment while waiting for your green card.

What happens if we divorce during the green card process?

If divorce occurs before the green card is approved, the application will generally be denied unless you can prove domestic abuse (VAWA protection). If divorce happens during the conditional residence period, you must file a waiver with your I-751 petition explaining why the marriage ended despite being entered in good faith.

Do we need to hire an immigration lawyer for a marriage based green card?

While not required, an experienced immigration attorney is recommended for most couples, especially if there are complicating factors like previous immigration violations, criminal history, or prior marriages. Legal fees typically range from $2,000 to $5,000 but can save significant stress and prevent costly mistakes.

What if I entered the US on a tourist visa and then married a US citizen?

This situation is complicated. While technically you can file for adjustment of status, USCIS may question your original intent when entering on a visitor visa. If they determine you had immigrant intent when applying for your tourist visa, your green card could be denied. This is an area where legal counsel is strongly advised.

Bonus Tips for Marriage Based Green Card Success

Document your relationship timeline thoroughly. Create a detailed chronology of your relationship from first meeting through engagement and marriage, with supporting evidence for key milestones.

Keep your address updated with USCIS. If you move during the application process, file Form AR-11 within 10 days to ensure you receive important notices and documents.

Prepare for your interview extensively. Many couples conduct practice interviews, reviewing potential questions about their relationship, daily routines, and future plans.

Consider expedited processing if eligible. Certain humanitarian situations, severe financial loss risk, or US government interests may qualify you for expedited processing.

💡 Pro Tip: Create a shared digital folder containing all your relationship evidence organized chronologically. Include photos with dates and descriptions, screenshots of communication history, travel itineraries, and scanned copies of joint accounts. This makes it easy to access specific evidence when preparing forms or for your interview.

Key Takeaways for Marriage Based Green Cards

• Marriage must be legitimate and entered in good faith
• Process differs based on whether you’re in the US or India
• Comprehensive documentation of your relationship is crucial
• Initial approvals within 2 years of marriage receive conditional green cards
• Joint interview preparation is essential for success
• Total government fees are approximately $1,960 (not including medical exam or attorney fees)
• Be patient and maintain your current legal status throughout the process
• Consider professional legal assistance for complex cases

Remember that a marriage based green card is not just about immigration paperwork, it’s about building a life together in the United States. The evidence you gather should naturally reflect your genuine commitment to each other.

Wishing you and your spouse a smooth immigration journey and a wonderful start to your life together in America!

The process may seem challenging at times, but thousands of Indian spouses successfully navigate it each year to begin their new chapters in the US. Safe travels! ✈️