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The Marriage Green Card Process for Spouses Already in the U.S.

When a U.S. citizen marries someone who is already living in the United States, the petition and the green card application can usually be filed together. Here is how the process works, step by step, from Connecticut.

The Marriage Green Card Process for Spouses Already in the U.S.

When a U.S. citizen in Connecticut marries someone who already lives in the United States, the couple usually does not have to choose between waiting apart and starting over abroad. The spouse can often apply for a green card from right here, in one combined filing.

Quick answer: If you are a U.S. citizen and your spouse entered the U.S. after being inspected and admitted or paroled, you can usually file Form I-130 (the petition proving the marriage) and Form I-485 (your spouse’s green card application) together. Add the I-864 affidavit of support and the I-693 medical exam, then expect biometrics and, in most cases, an interview at the USCIS field office that serves your address.

This article is general information, not legal advice for your situation.

Who can use this process?

This route is for spouses of U.S. citizens who are physically present in the United States and were inspected and admitted, or inspected and paroled, when they entered. USCIS calls this adjustment of status. The spouse must also be admissible, or eligible for a waiver, and no bar to adjustment can apply. Spouses abroad use consular processing instead.

Spouses of green card holders follow a different timetable. They file the I-130 first and wait until a visa number is available before filing the I-485, and they generally must have kept lawful status. Our marriage-based green cards page covers both.

Why can the two forms be filed together?

USCIS allows “concurrent filing” for immediate relatives of U.S. citizens because there is no numerical limit on their visas. A visa is always available, so there is nothing to wait for between the petition and the application. You mail or submit both together with the fees and evidence, and USCIS decides the petition first, then the application.

What goes in the filing package?

DocumentWho provides itWhat it does
Form I-130U.S. citizen spouseProves the marriage is legal and genuine
Form I-130ASpouse being sponsoredSupplemental information for a spouse beneficiary
Form I-485 (current edition)Spouse being sponsoredThe green card application
Form I-864U.S. citizen spousePromise to financially support the applicant
Form I-693USCIS civil surgeonMedical exam, filed with the I-485
Passport, I-94, entry stampSpouse being sponsoredShows inspection and admission or parole
Marriage certificate and prior divorce decreesBoth spousesShows a valid marriage and that earlier ones ended
Proof of citizenshipU.S. citizen spouseU.S. passport, birth certificate or naturalization certificate
Forms I-765 and I-131 (optional)Spouse being sponsoredWork permit and travel document while waiting

USCIS warns that if a required Form I-693 is not submitted with the I-485, it may reject the application. The petition itself is explained in more detail in Form I-130 basics.

What changed at USCIS this fall?

Three changes matter if you are filing now. USCIS published a new edition of Form I-485 dated 09/18/26 and rejects older editions postmarked or submitted on or after September 18, 2026. A new 08/24/26 edition of Form I-864 applies to filings on or after October 1, 2026. And on October 7, 2026, USCIS changed the mailing addresses for Forms I-130 and I-485. Check each form page on uscis.gov the day you file.

What happens after you file?

USCIS mails receipt notices, then a biometrics appointment at an Application Support Center for fingerprints, a photo and a signature. It may send a request for evidence with a deadline. Most marriage cases then get an interview, where you both answer questions under oath. Finally, USCIS mails a written decision.

The steps are covered in plain English in what adjustment of status is, and the interview in what happens at a marriage green card interview.

Can my spouse work and travel while waiting?

Generally yes, with the right documents. With a pending I-485, your spouse can apply for a work permit on Form I-765 and advance parole on Form I-131. Leaving the U.S. without advance parole while the I-485 is pending generally causes USCIS to treat the application as abandoned, so do not travel until the document is in hand.

What if my spouse is not eligible to adjust here?

Some spouses entered without inspection, or are subject to a bar or a ground of inadmissibility. Some may still qualify under INA 245(i), or with a waiver such as Form I-601. Others need consular processing at a U.S. embassy or consulate abroad. These cases turn on the details of entry and history, so they need a full review before anything is filed.

What happens after the green card is approved?

If you had been married less than two years on the day your spouse becomes a permanent resident, the green card is conditional and valid for two years. You then file Form I-751 together in the 90 days before it expires. Our guide to removing conditions with Form I-751 explains the timing.

Why talk to The Law Offices of Neal E. Guttenberg about a marriage green card in Branford?

Marriage green cards are the firm’s priority practice. You work directly with attorney Neal E. Guttenberg, one on one, by phone, by video or in person at the office in Branford, and the firm is available 7 days a week. Before anything is filed, he reviews how your spouse entered, any earlier immigration history and the evidence of your life together, then prepares the I-130 and I-485 package and gets you both ready for the interview. If your spouse is already here and you are ready to start, book a consultation and talk to an immigration attorney.

Sources

  1. USCIS: Bringing Spouses to Live in the United States as Permanent Residents
  2. USCIS: Green Card for Immediate Relatives of U.S. Citizen
  3. USCIS: Concurrent Filing of Form I-485
  4. USCIS: Form I-130, Petition for Alien Relative
  5. USCIS: Form I-485, Application to Register Permanent Residence or Adjust Status
  6. USCIS: Form I-864, Affidavit of Support

FAQ

Common questions

Still have questions? Call us any day and ask.

Consultation
  • Can we file the I-130 and I-485 at the same time?

    Yes, if you are a U.S. citizen and your spouse is in the United States after being inspected and admitted or paroled. Spouses of U.S. citizens are immediate relatives, so a visa is always available, and USCIS allows the petition and the green card application to be filed together in one package.

  • Does my spouse have to be in legal status to adjust?

    For the spouse of a U.S. citizen, falling out of status or working without authorization does not by itself bar adjustment, because those bars do not apply to immediate relatives. The spouse still must have been inspected and admitted or paroled, and other bars and grounds of inadmissibility can apply.

  • How do we prove our marriage is real?

    With documents that show a shared life over time: a joint lease or deed, joint bank accounts or bills, insurance naming each other, children's birth certificates, photos across months or years, and sworn statements from people who know you as a couple.

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