Marriage Green Card Checklist (2026): 8 Essential Steps
Last Updated on February 1, 2026 by JR
As an experienced lawyer handling marriage green cards in Chicago, I know that the marriage-based green card process can feel overwhelming because it is document-heavy, detail-driven, and full of filing requirements that can cause delays, a rejection, or a denial. This updated 2026 guide explains the core steps most couples follow, with practical tips to help you file cleanly and prepare for the major milestones.
If you want the full overview of Chicago marriage-based adjustment of status, start here (strongly recommended):
Proof of a shared life for USCIS/Bona Fide Evidence.
Marriage Green Card (Chicago Cases).
You may also find these related guides helpful:
Marriage Green Card Timeline, and
Marriage Green Card Forms & Documents.
2026 filing tip (social media): Before you file, review your “digital footprint.” USCIS can consider publicly available online information when vetting an application, and inconsistent social media profiles can create avoidable scrutiny. We provide a practical checklist here:
Download the Social Media Audit Checklist (PDF)
(also available on our main marriage green card page).
Step 1: Verify Eligibility and Identify Issues Early
Before you file, confirm that (1) you have a valid legal marriage and (2) your spouse is a U.S. citizen. Then check other basic issues, because many marriage cases are delayed or denied due to eligibility issues, not the relationship itself.
- Entry and status: how you entered the U.S., your current status (if any), and any overstays.
- Prior immigration history: prior filings, denials, removal proceedings, or prior marriages.
- Criminal history: arrests/charges/convictions (even if dismissed or expunged).
- Misrepresentation concerns: prior visa applications, border statements, or inconsistent records.
Step 2: Choose the Right Process (Adjustment of Status vs. Consular Processing)
Most couples will use one of two pathways:
- Adjustment of Status (AOS): the foreign spouse files in the U.S. (typically Forms I-130 and I-485) if eligible.
- Consular Processing: the case is processed through a U.S. consulate abroad after the I-130 is approved.
What is best depends on your facts, especially travel needs, timing, and any admissibility or status issues.
Step 3: Gather Strong Supporting Documentation
You typically need two categories of documents:
- Civil/identity documents: passports, birth certificates, marriage certificate, divorce decrees (if applicable), and proof of U.S. citizenship.
- Bona fide marriage evidence: proof you built a real life together (shared residence, joint finances, insurance, photos, communications, affidavits, etc.). What I teach my class of paralegals every year is that USCIS looks for evidence of shared assets and liabilities (bills and money) and that the couple holds themselves out to the world as a couple.
For practical examples of what USCIS tends to find persuasive, see:
Bona Fide Marriage Evidence Guide.
Step 4: Prepare the Forms and Confirm Fees (2026)
Most AOS marriage cases include:
- Form I-130 (Petition for Alien Relative) and Form I-130A (spouse supplement)
— see USCIS: Form I-130 - Form I-485 (Adjustment of Status)
— see USCIS: Form I-485 - Form I-864 (Affidavit of Support)
— see USCIS: Form I-864 - Form I-765 (Work Permit) and Form I-131 (Advance Parole) if needed while the case is pending
— see USCIS: Form I-765 and
Form I-131 - Form I-693 (Medical Exam), if required for your filing strategy
— see USCIS: Form I-693
Fee tip: USCIS fees can change. Right before you file, confirm the correct amount using the official
USCIS Fee Calculator
and/or the official
USCIS Filing Fees
page. Filing the wrong fee is a common reason packets are rejected and returned.
Step 5: Attend the Biometrics Appointment
After filing, USCIS typically schedules the foreign spouse for biometrics (fingerprints/photo/signature) for identity verification and background checks. In some cases, USCIS may reuse biometrics from a prior filing, but you should be prepared to attend if scheduled.
Step 6: Watch for RFEs and Keep Your Case “Clean” While Pending
USCIS may issue a Request for Evidence (RFE) if anything is missing, unclear, or inconsistent. Common RFE triggers include:
- Missing or incomplete Affidavit of Support (I-864) evidence
- Missing civil documents or translations
- Insufficient bona fide marriage evidence
- Form edition/fee/filing issues that should have been corrected pre-filing
Respond on time, and in full. If you miss anything, your case may be denied. You usually get one chance.
2026 Tip: Social Media Vetting and Your Digital Footprint
Many couples underestimate how often online information creates “inconsistency” issues. Even when USCIS is only reviewing publicly available information, your online profiles can become part of the narrative of your case, especially if they contradict your forms or your relationship timeline. This has been true for a while now, but USCIS has stepped it up to be a core search they do.
- Consistency matters: job titles, employers, schools, dates, and locations should generally line up with your forms and supporting documents.
- Relationship timeline: online relationship status, photos, and “life events” should not conflict with your stated timeline (engagement, marriage date, shared residence).
- Avoid panic deletions: deleting large amounts of content right before filing can look suspicious. If changes are needed, make them thoughtfully and document what you changed and why.
- Privacy settings: don’t toggle privacy settings repeatedly during the case. If you want to tighten privacy, do it calmly and early, not the week of filing or right before the interview.
- Using social media as evidence: screenshots can help in moderation, but they should support stronger evidence (joint residence, finances, insurance, etc.), not replace it.
For a practical pre-filing audit you can run in an hour, use our checklist:
Social Media Audit Checklist (PDF).
Step 7: Prepare for (and Attend) the Marriage Interview
Many couples will be scheduled for an in-person interview at the local USCIS field office. The interview is primarily about (1) confirming eligibility and admissibility and (2) assessing whether the marriage is genuine. Now life can throw curveballs at you, I had a couple who was fighting so the wife refused to go to the interview, but we still got the case approved. These days I doubt that would happen, even with the solid evidence we presented, but you never can predict how things can go. There are cases (Board of Immigration Appeals) that say the couple does not have to be living together, can be separated, etc… But I would not want to rely on those these days.
For a Chicago-focused preparation guide and document checklist, see:
Marriage Green Card Interview in Chicago: What to Expect.
Step 8: Receive a Decision and Plan the Next Filing (If Conditional)
After the interview (or, in some cases, after review without an interview -rare but yay if it happens!), USCIS will issue a decision. If the marriage is less than two years old on the date of approval, the foreign spouse will usually receive a 2-year conditional green card. If conditional, you must file (as a couple preferably):
- Form I-751 (Petition to Remove Conditions) during the 90-day window before the card expires
— see USCIS: Form I-751
Why Get a Green Card Through Marriage?
A green card (lawful permanent residence) lets you live and work in the United States permanently, travel more easily, and build long-term stability. It can also place you on a path to U.S. citizenship if you later qualify. For most couples, the biggest benefit is practical: you can build your life together in the U.S. with fewer immigration constraints and fewer “renewal” problems over time.
Need Help With a Marriage Green Card Case in 2026?
If you are planning to file in the Chicagoland area and want a second set of eyes on eligibility issues, evidence, forms, or interview preparation, or just want peace of mind of having an attorney with you during this time of heavy handed enforcement, I would be happy to help you as I have thousands of other couples over the years. You can schedule a consultation here:
General information only; not legal advice. Every case is fact-specific.