How Soon After Marriage Can You Apply for a Green Card?

Considering turning a wedding ring into a lawful permanent resident card can be intimidating, yet thousands of couples do it every year. At Wogwu Law, PLLC, we leverage our professional expertise and personal immigration experiences to guide families through every step. Today, we break down the green card process after marriage, the path to naturalization, and our role in helping Texas couples stay on track. Grab a cup of coffee, and let’s sort this out together.

Eligibility Requirements for a Marriage-Based Green Card

The first question is straightforward: Who is eligible to apply? A spouse of a U.S. citizen or lawful permanent resident can apply for permanent resident status once the marriage is legally valid and entered into in good faith. The law treats a U.S. citizen’s spouse, an unmarried child under 21, and a parent of a U.S. citizen who is 21 or older as “immediate relatives,” meaning they are exempt from the visa waitlist.

Good faith matters. Couples must demonstrate their commitment to lifelong plans, not just paperwork. If a U.S. citizen has passed away, a widow or widower may still qualify under different rules; therefore, refer to the detailed instructions instead of the steps below. Couples living abroad will use consular processing, not adjustment of status within the country.

Once you confirm that the relationship checks out, the next stage is to prove entry and status in the United States if the foreign spouse is already present.

Adjustment of Status: Applying from Within the United States

Adjustment of Status allows a qualifying spouse to file Form I-485 without having to leave the country. Most applicants must have been “inspected and admitted” or “inspected and paroled” by an officer at the border or airport. A few narrow exceptions exist, such as filing under INA 245(i) with Supplement A.

To qualify, you must meet every item below:

• Correctly file Form I-485.
• Be inside the United States on the day you file.
• Qualify for an immigrant visa and have one available.
• Keep the marital relationship alive while the case is pending.
• There are no legal bars to adjustment.
• Be admissible, or apply for a waiver if a ground applies.
• Convince USCIS that you deserve approval as a matter of discretion.

Immediate relatives of U.S. citizens are exempt from waiting for a visa number so that they can file the I-130 and I-485 together. Couples facing old entry issues might still adjust under section 245(i) after paying the special fee and filing the supplement noted earlier.

Grounds of Inadmissibility and Waivers

Even solid marriages run into problems if a ground of inadmissibility appears under INA 212(a). Health issues, past crimes, prior removal, or misrepresentation can all block approval. The labor certification ground does not apply to immediate relatives, so you can ignore that part.

When a ground does arise, Form I-601 or Form I-212 allows you to request relief. Whether forgiveness is possible depends on the exact ground. USCIS Policy Manual Volumes 8 and 9 outline each ground and the evidence needed to overcome it.

Preparing a waiver package often feels like its own mini-trial. Couples gather medical reports, financial hardship letters, and sworn statements from family members to show that denying admission would cause extreme hardship. Filing the correct form with the green card packet typically speeds up the review process.

The Application Process: Required Forms and Documentation

Paperwork is the heart of any marriage-based green card file. One missing page can cause the packet to be returned, so double-check every line before mailing to ensure accuracy.

Include these core items when the spouse is already in the United States:

1. Form I-485, Application to Register Permanent Residence or Adjust Status.
2. Copy of Form I-797 for the I-130, or file the I-130 at the same time.
3. Two passport photos.
4. Government photo ID copy.
5. Birth certificate copy.
6. Marriage certificate and proof of any prior marriage ended.
7. Passport page with visa and entry stamp, plus Form I-94.
8. Form I-864 or I-864EZ, Affidavit of Support.
9. Form I-693 medical exam.
10. Police and court records for any arrest.
11. Forms I-601 or I-212 if needed.
12. J-1 documents, Form I-508, Form I-566, or Supplement A, when they apply.

Remember to add the correct fee for every form. USCIS posts current amounts on its Fee Schedule, and the filing location can change without warning, so check the website right before shipping.

Common Marriage-Based Forms and Their Purpose
Form	Main Goal	When to File
I-130	Show the family relationship	Before or together with the I-485
I-485	Request permanent resident status	Inside the United States
I-864	Prove financial support	With the I-485 or NVC packet
I-693	Report medical exam	Now required at filing time
I-765	Seek a work permit while the case is pending	Optional, with I-485
I-131	Ask for advance parole travel	Optional, with I-485

The table highlights the most used forms, yet every case may need more. Follow the Form I-485 instructions and the online filing tips page for extra document ideas.

Obtaining Employment Authorization and Advance Parole

Waiting for a green card can take months, but life continues to move forward. Filing Form I-765 allows the foreign spouse to work while the I-485 is pending. The card often arrives within five to six months, sometimes sooner.

If family emergencies or business trips require travel, submit Form I-131 to request an advance parole document. Leaving the country without that paper while the I-485 is open counts as abandoning the application, and USCIS will deny the case. With advance parole in hand, you may travel briefly and return through a port of entry, then keep waiting for approval.

Marriage Fraud: Risks and Consequences

Some people think a sham wedding is an easy way to enter the country, yet the penalties are harsh. Federal law allows up to five years in prison and a fine of up to $250,000 for marriage fraud. The foreign spouse also faces removal and a lifetime bar on future immigration benefits.

USCIS and Immigration & Customs Enforcement look for warning signs through document checks, separate interviews, and even unannounced home visits. Social media posts, bank records, and neighbor statements often appear in the investigator’s file. Honest couples have nothing to fear, but anybody tempted to fake a relationship should step back now.

Navigating Form Updates and Processing Times

USCIS rolled out new editions of Form I-485 and several other documents dated January 20, 2025. Using a mix of old and new pages can lead to rejection; therefore, print the current edition on the same day you file. The agency also stopped requiring proof of COVID-19 vaccination on the I-693 as of January 22, 2025.

Processing times increased throughout 2024 and early 2025, with marriage cases now averaging nearly ten months for adjustment filings. Couples should plan ahead, keep copies of all notices, and respond promptly if USCIS requests additional evidence.

Conditional Green Cards vs. Permanent Green Cards

If the marriage is less than two years old on the approval date, the spouse receives a two-year conditional resident card marked CR-1. During the 90-day window before it expires, both partners must file Form I-751 to remove conditions.

Failure to file the I-751 on time can result in the loss of status, so be sure to mark your calendar early. When the marriage has already passed the two-year mark at the time of approval, USCIS issues an IR-1 card valid for ten years, and routine renewal at expiration is typically straightforward.

The Path to U.S. Citizenship Through Marriage

After holding a green card for three years and living with a U.S. citizen spouse, the foreign national may file Form N-400 for naturalization. The applicant must spend at least 18 months of the three years physically residing in the United States, continue to share a home with the citizen spouse, and demonstrate good moral character.

Passing the English reading, writing, and speaking tests, as well as the civics test, is the last hurdle. Once approved, the new citizen takes the Oath of Allegiance and gains full voting rights, stronger travel options, and protection from removal.

Contact Wogwu Law, PLLC, for Your Immigration Needs

At Wogwu Law, we devote careful thought to every petition, affidavit, and waiver because families deserve peace of mind. Whether you live in San Antonio, Houston, or a small Texas town, our team is ready to guide you through each filing date and interview. Phone calls, video chats, and office meetings are all available.

You can reach us at 919-964-5472 or visit our website to book a consultation. We look forward to helping you build a future on solid legal ground.

Marriage is a promise, and a lawful status should not jeopardize that promise. If you need help with any stage of the green card process, please call us today. Our team at Wogwu Law, PLLC, fights for couples across Texas and beyond, one case at a time. Let us stand beside you so you can focus on life, family, and the next chapter together.