Married to a Green Card Holder and Living in the United States

Last updated: August 12, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

In this guide, we’ll discuss the green card application process for spouses of permanent residents who are located in the U.S.

If you are married to a permanent resident and reside outside the U.S., refer to our Married to a Green Card Holder and Living Abroad article.

Married to a green card holder – Adjustment of Status in the U.S.

If you are married to a green card holder and physically present in the U.S., you are eligible to apply for permanent residence.

The process of applying for permanent residency without leaving the U.S. is called “Adjustment of Status”.

Spouses of permanent residents belong to the F2A family preference category.

Important rules that apply to spouses of permanent residents who want to apply for Adjustment of Status:

• You must prove that you entered the US lawfully. Most spouses of permanent residents applying for green cards, enter the U.S. on B-1/B-2, F-1, H-1B, TN, and J-1 visas
• You cannot have any previous immigration violations such as visa overstay or unauthorized employment. To overcome this, you will need to have an approved Form I-601, Application for Waiver of Grounds of Inadmissibility, before your green card can be issued
• Your F2A category must be “current”. The number of visas/green cards issued to the F2A category has annual limitations. This means that your Form I-130 priority date must be current according to the latest USCIS Adjustment of Status Filing Charts. 
• It’s recommended that you file Form I-130 as soon as possible. This allows you to capture an earlier priority date. An earlier priority date allows you to apply for green card and Employment Authorization Document (EAD) faster
• Filing Form I-130 with USCIS does not automatically authorize you to stay in the U.S. You must maintain separate lawful nonimmigrant status before your priority date becomes current and you move to the next step (Form I-485)
• You might be subject to the “90-Day Rule”. 90-Day Rule applies to Form I-485 filing dates only. Form I-130 can be filed anytime and as mentioned previously, it’s recommended to file Form I-130 as soon as possible

To apply for Adjustment of Status in the US through marriage to a permanent resident, take the following steps:

Step 1. File Form, Petition for Alien Relative, with USCIS

• This is the first step that must be completed as soon as possible
• Form I-130 registration date (priority date) will determine the timeline for filing the second part of the application (Forms I-485, I-864, I-765, and I-131)
• If the F2A category is current, spouses of permanent residents can file a concurrent application (meaning Forms I-130 and I-485 can be filed together, without waiting for Form I-130 to be approved first)

Step 2. Wait for the priority date to become current

• Spouses of permanent residents are subject to the yearly limitations on total number of visas and green cards issued to the F2A category
• You cannot file Form I-485 or Form I-765 before your priority date becomes current
• Learn how to check your priority date: How to Read the Visa Bulletin for Family-Based Immigrants

Step 3. File Form I-485 application

• Once your F2A category becomes current, you can file the following forms (even if Form I-130 is not approved at that time): 
  • I-485 – green card application
  • I-864 – Affidavit of Support
  • I-765 – Employment Authorization 
  • I-131 – Advance Parole
• Before filing Form I-485, check if you are subject to the 90-Day Rule
• After Form I-485 is properly registered by USCIS, you are authorized to stay in the US while your green card application is pending
• Once you have a pending green card application, you are not allowed to leave the US without an approved Advance Parole document (I-131). This limitation does not apply to H-1Bs and L-1s with valid visas and valid nonimmigrant status. Departing the US without an Advance Parole will result in abandonment of your green card application. You might be unable to re-enter the U.S. if your I-485 application is abandoned

Step 4. Interview at the USCIS local field office

• Some applicants will be scheduled to appear at the local USCIS field office
• Both spouses must attend the interview
• USCIS officer will ask questions about the history of your relationship, marriage, and verify other personal information
• Learn how to prepare for the interview: USCIS Marriage Interview, What to Expect and How to Prepare
• After the interview completion, you can expect the following to happen:
  • Green card approval – Forms I-130 and I-485 will be approved. You will receive your green card by mail (track your I-485 online status)
  • RFE (Request for Evidence) – USCIS officer might request additional documentation to make the decision
  • Notice of Intent to Deny (NOID) 
  • Green card denial 

Step 5. Removal of conditions

• All permanent residents who obtained their green cards through marriage are subject to conditional residency
• If your Form I-485 is approved before the 2nd marriage anniversary, you will obtain a conditional green card. Conditional green cards are valid for 2 years only. You and your spouse must jointly file Form I-751 petition with USCIS to remove the conditions. If Form I-751 is approved, you will obtain a 10-year green card
• If your Form I-485 is approved after the 2nd marriage anniversary, you will obtain an unconditional 10-year green card. No additional action is required 

Undocumented married to green card holder

If you are an undocumented spouse of a green card holder, you are not eligible to adjust your status within the U.S. due to unlawful entry.

Form I-130 can be filed anytime. However, to complete the immigration process, you will need to obtain approval of the Form I-601A, Application for Provisional Unlawful Presence Waiver.

Once you have a Form I-601A approval notice, you can leave the US and travel to your home country to apply for an immigrant visa at the U.S. Embassy or Consulate there.

F-1 student married to green card holder

If you are an F-1 student married to a green card holder, see the important rules you need to keep in mind:

• Filing Form I-130 alone does not automatically authorize you to stay in the U.S. You must maintain your lawful F-1 status while waiting for your priority date to become current
• All F-1 visa holders applying for permanent residence are subject to the 90-Day Rule. Every time you re-enter the US on an F-1 visa, the 90-day clock restarts and you need to wait for 90 days to pass before you can file the green card application. Form I-130 can be filed anytime
• For all other procedures, read the instructions provided above

Married green card holder apply for citizenship

Applying for permanent residence as a spouse of a US citizen has more benefits compared to permanent resident sponsor:

• Spouses of US citizens are always eligible for concurrent filing
• Spouses of US citizens are not penalized for previous immigration violations (such as visa overstay or unauthorized employment)
• If petitioner is a permanent resident who have obtained their own immigration status through a previous marriage to a US citizen or permanent resident, Form I-130 cannot be filed unless the following conditions are met:
  • Petitioner has been a lawful permanent resident for at least five years;
  • Petitioner can establish by clear and convincing evidence that petitioner did not enter the prior marriage (through which petitioner gained lawful permanent resident status) in order to evade any U.S. immigration law; or
  • Petitioner’s prior marriage through which petitioner gained immigrant status was terminated by the death of the former spouse

The permanent resident sponsor might consider applying for US citizenship to enjoy these benefits. 

In general, permanent residents can apply for US citizenship 4 years and 9 months after obtaining their first green card. 

There are some limitations to this rule (for example, serving in the U.S. military).

Permanent residents who join the US military can apply to US citizenship much faster. Learn more: Naturalization Through Military Service

Difference between marrying a green card holder and a US citizen

Obtaining permanent residency through a US citizen has more benefits, see the comparative table below:

Marrying green card holder work permit

As a spouse of a permanent resident you will become eligible to apply for work permit (EAD) ONLY after your priority date becomes current.

Form I-765 (Employment Authorization Document Application) is always filed with Form I-485 or after Form I-485 is registered.

Your I-765 category is (c)(9).

J-1 visa married to green card holder

J-1 visa holders married to permanent residents must keep the following rules in mind when applying for permanent residency:

• If you are subject to the two-year home residency requirement, you must either:
  • Obtain a waiver of this requirement (must have an approved Form I-612, Application for Waiver of the Foreign Residence Requirement); or
  • Satisfy this requirement by residing outside the U.S. for 2 years after your J-1 program completion date
  • Failure to obtain a waiver of the two-year requirement, or satisfying this requirement, will result in denial of your green card application
• If you are not subject to the two-year home residency requirement, you can apply for permanent residence without limitations discussed above
• J-1 visa holders are subject to the 90-Day Rule as well. Each time you re-enter the US on a J-1 visa, your 90-day clock restarts and you need to wait for 90 days before you can file Form I-485. The 90-Day Rule does not apply to Form I-130 which can be filed anytime

Married to a green card holder and living in the U.S. FAQs

How long to get a green card if you marry a green card holder?

It can take anywhere from 18 months to 24 months to obtain a green card through marriage to the permanent resident. The actual processing time largely depends on the U.S. Visa Bulletin and USCIS processing times.

What happens if you marry someone with a green card?

If you marry a green card holder, you become eligible to apply for permanent residency.

Can my wife get a green card if I have a green card?

Yes, your wife can obtain a green card if you hold permanent resident status.

See Also:

How to Read the Visa Bulletin for Family-Based Immigrants

Form I-130 Instructions

Form I-130A Instructions

Form I-485 Instructions

What is Concurrent Filing?