Standard Operating Procedure
Marriage-Based Green Card
Green card for spouse of US citizen or LPR
Spouse of US citizen is an Immediate Relative — no visa backlog wait. If married less than 2 years at approval, conditional 2-year green card is issued; I-751 to remove conditions must be filed within 90 days before expiry. LPR spouse falls under F2A category, may have processing backlog.
Overall Workflow
Evaluate: petitioner status (USC vs LPR), bona fide marriage (how/when/where met), beneficiary inadmissibility grounds (overstay, criminal record, etc.), waiver needs. Set strategy: concurrent I-130 + I-485 (in US) vs I-130 only + consular processing (abroad).
Collect bona fide marriage evidence: joint tax returns, joint bank accounts, joint insurance, joint lease/mortgage, couple photos, friend/family affidavits. Evaluate I-864 Affidavit of Support (income ≥ 125% poverty guidelines).
Provide: US passport or naturalization certificate (USC) / green card (LPR), SSN, birth certificate, if prior marriage — divorce decree or death certificate of former spouse.
Provide last 3 years federal tax returns + W-2/1099, recent pay stubs, bank statements. If income below 125% poverty guidelines: find joint sponsor or supplement with assets. Calculate household size (yourself, spouse, all dependents).
Use the official USCIS I-864P chart for each household size; it is reissued every January. Can supplement with assets (spouse shortfall×3, other×5).
Provide: passport, birth certificate (with translation), all prior visa/I-94 records, divorce decree if prior marriage, police clearance (if required).
Schedule medical exam (I-693) with a USCIS-designated civil surgeon. Includes: physical exam, blood tests, vaccination record verification. Validity: 2 years from doctor's signature (but must be signed within 60 days before filing).
1-2 weeks to complete exam
Get missing vaccinations in advance (MMR, Tdap, COVID-19, etc.) or exam won't pass. Bring vaccination records.
Prepare complete filing package: I-130 + I-485 + I-765 (EAD) + I-131 (AP) + I-864 + G-28. Ensure I-693 medical exam is valid (signed within 60 days before filing). Compile all evidence and file.
After interview notice: coach both parties on common questions (how met, proposal story, daily life details). Compile updated marriage evidence. Attend interview with clients.
Together with spouse, collect: joint tax returns, joint bank/investment accounts, joint lease/mortgage, joint insurance (health/auto/home), joint travel records, couple photos (various times and occasions), friend/family affidavits (2-3).
Attend USCIS interview together with spouse. Bring all original documents. Answer questions honestly (details about marital relationship). Officer may interview each party separately to compare answer consistency.
Be relaxed and natural. Answer truthfully. If you don't remember a date, saying "I don't remember exactly" is better than guessing wrong.
Complete personal information questionnaire via attorney Portal. Review all forms prepared by attorney, confirm personal info is accurate. Pay special attention to I-485 Part 8 (inadmissibility questions) — must answer truthfully.
After receiving USCIS biometrics notice, attend appointment on time. Then wait for EAD (work card) and AP (travel document) — typically received 3-6 months after filing. EAD allows legal employment; AP allows travel.
Do NOT travel outside the US before AP is approved! Departing without AP while I-485 is pending is considered abandonment.
If approved with marriage < 2 years, set I-751 reminder (90-day window before expiry). Start collecting evidence 6 months in advance (continued marital relationship proof). File I-751 before expiry.
Attend USCIS field office interview with spouse. Bring all originals + updated marriage evidence. May be approved on the spot or pending further review. Green card received 2-4 weeks after approval.
Steps by Role
Attorney Procedures
Evaluate: petitioner status (USC vs LPR), bona fide marriage (how/when/where met), beneficiary inadmissibility grounds (overstay, criminal record, etc.), waiver needs. Set strategy: concurrent I-130 + I-485 (in US) vs I-130 only + consular processing (abroad).
Ready to Start This Visa?
Our attorney team can guide you through the entire application process