Practice areas
Marriage-based green cards
For couples where the spouse is already living in the U.S.: Form I-130 and Form I-485 filed together, the affidavit of support and medical exam, interview preparation, and removing conditions later with Form I-751.
A green card for the spouse you married
When you marry a U.S. citizen and your spouse is already living here, the path to a green card usually runs through one petition and one application filed together: Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status. This is called adjustment of status, and it lets your spouse finish the whole process without leaving the United States.
Neal E. Guttenberg works with couples one on one, by phone, by video or in person, from the office in Branford, Connecticut. The firm is available 7 days a week, because questions about a marriage case rarely wait for Monday morning.
Who this page is for
- Spouses of U.S. citizens who are already in the U.S., admitted on a visa or paroled, whether they are still in status or not. Spouses of U.S. citizens are immediate relatives, so a visa is always available and the forms can be filed together.
- TN visa workers married to a U.S. citizen. The firm’s own site covers this route: the TN worker can apply for a green card through adjustment of status from inside the U.S., but timing matters for TN renewals, work authorization and travel, so the plan is set before anything is filed.
- Spouses of green card holders, whose cases follow a different timetable because a visa number must be available first.
- Couples where the spouse is abroad, who use Form I-130 and consular processing at a U.S. embassy or consulate instead.
How the case usually moves
| Step | What happens | Main form |
|---|---|---|
| 1. Petition | The U.S. citizen proves the marriage is legal and real | I-130 (with I-130A for the spouse) |
| 2. Green card application | Your spouse applies to become a permanent resident | I-485 |
| 3. Financial support | The citizen agrees to financially support the applicant | I-864 |
| 4. Medical exam | A USCIS civil surgeon completes the medical report, filed with the I-485 | I-693 |
| 5. Work and travel (optional) | Work permit and advance parole while the case is pending | I-765, I-131 |
| 6. Biometrics | Fingerprints and a photo at an Application Support Center | Notice from USCIS |
| 7. Interview | Usually both spouses, at the USCIS field office | Notice from USCIS |
USCIS also changed some of the paperwork this fall: a new edition of Form I-485 is required for filings postmarked on or after September 18, 2026, and the mailing addresses for Forms I-130 and I-485 changed on October 7, 2026. Using an old edition or address is one of the easiest ways to have a filing rejected.
The whole sequence is laid out in the marriage green card process for spouses already in the U.S., and the petition itself in Form I-130 basics.
Proving the marriage is real
A marriage certificate proves you are legally married. It does not prove the marriage is genuine, and that is the question USCIS has to answer. Shared life evidence carries the case: a joint lease or deed, combined finances, insurance that names your spouse, children’s birth certificates, and statements from people who know you as a couple. We help you gather it and organize it before filing, so the officer sees the relationship over time.
The interview, and after
Most marriage cases include an interview, and USCIS generally asks the U.S. citizen to attend with the spouse. Read what happens at a marriage green card interview before yours. If you were married under two years when the card is approved, plan ahead for removing conditions with Form I-751.
Engaged rather than married, with your partner abroad? Compare the K-1 fiancé visa and the marriage green card first. For the rest of the firm’s immigration work, see adjustment of status and family immigration.
- Spouses already in the U.S.
If your spouse entered after inspection and admission or parole, a U.S. citizen can usually file Form I-130 and Form I-485 at the same time, so the whole case happens here.
- The interview
USCIS generally expects both of you to attend. We go over what the officer reviews and which originals to bring.
- The two-year card
Married under two years when the green card is approved? The card is conditional, and you file Form I-751 together in the 90 days before it expires.
What customers say about our Marriage green cards
“Just did an interview with Attorney Neal and I can’t thank him enough for an amazing and exceptional job he has done for myself and my wife. Even our Interviewers mentioned he has done an exceptional job. He assisted with our marriage based green card process from the beginning to the end. He’s the best Immigration Attorney to work with he always answers his phone anytime we called we get in touch with him directly which we appreciate a-lot. Thank you so much Attorney Neal for the best service.”
United Welding, Google review
“El mejor abogado, lo recomiendo 100% Mi esposo y yo aplicamos a la green card por matrimonio y todo salió super bien! Estamos muy satisfechos.”
Ivonne Montenegro, Google review
“Neil has been absolutely amazing to have as our attorney, he has been helpful in answering all our questions and alleviating any concerns when it came to our I-751 petition. He has extensive knowledge of the immigration landscape. he is amazing to talk and very down to earth with the questions and the process in which he used to send in the forms. He absolutely used in extensive knowledge of the many small details on the US immigration system to help and educate myself and my wife. I absolutely would recommend you use him to help make your immigration process much easier.”
Jordan, Google review
FAQ
Marriage-based green cards questions
Still have questions? Call us any day and ask.
My spouse is already in the U.S. Do they have to leave to get a green card?
Not necessarily. If your spouse was inspected and admitted or paroled into the United States and no bar to adjustment applies, a U.S. citizen can file Form I-130 with Form I-485 and the case is completed here. Spouses who entered another way need a closer look at their history before anything is filed.
Can my spouse work or travel while the case is pending?
With a pending Form I-485, your spouse can generally apply for a work permit on Form I-765 and an advance parole travel document 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.
What if we have been married less than two years?
If the marriage is under two years old on the day the green card is approved, your spouse receives a two-year conditional green card. You then file Form I-751 together in the 90 days before it expires to remove the conditions.
Get in touch
Ready to get started?
For couples where the spouse is already living in the U.S.: Form I-130 and Form I-485 filed together, the affidavit of support and medical exam, interview preparation, and removing conditions later with Form I-751.