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Quick Question: How do you get a Marriage Green Card in 2026?  

Quick Answer: To get a green card from marriage to a U.S. citizen without leaving the country requires several forms and evidence, including: Forms I-130 and I-485, proof of a bona fide marriage, biometrics, an interview, and meeting admissibility requirements. Approval grants the beneficiary (foreign-national spouse) lawful permanent residence (a green card).

Video Transcript (click to expand)

[0:00] Hi, I’m Chicago immigration lawyer Justin Randolph, and this is a brief overview of the marriage green card process. This is not legal advice, but it should help you understand the process.

[0:14] Who does this apply to? It applies to individuals married to a U.S. citizen or a lawful permanent resident. The sponsoring spouse (the “petitioner”) files for the spouse seeking the green card (the “beneficiary”).

[0:27] The marriage must be legally valid and bona fide. It cannot be entered into solely for immigration benefits.

[0:41] Two main paths: Adjustment of status (completing the process inside the U.S.) and consular processing (part of the process in the U.S. and part through the State Department/National Visa Center and a consulate or embassy).

[1:06] Typical adjustment-of-status sequence: prepare paperwork and evidence, file the case, receive receipt notices, attend biometrics (fingerprints), and later receive work and/or travel authorization. Then there is usually an interview to confirm the relationship is valid and the beneficiary is admissible, followed by a decision.

[1:39] Evidence is critical. You want the initial filing to be accurate and complete. It helps to “frontload” evidence—submit strong documentation with the initial filing—and continue collecting more up to the interview.

[2:04] USCIS generally looks for evidence that you share assets and liabilities and that you hold yourselves out publicly as a couple—examples include shared finances, shared residence, and evidence of spending time with friends and family or traveling together.

[2:37] Consistency matters. For the interview, you should both be on the same page about your relationship history—how you met, how the relationship developed, and key events. Small differences may not matter, but inconsistency can be used against you, which is why interview preparation is important.

[3:40] Common issues that cause problems: prior immigration violations (including prior removal orders, overstays, or old misstatements), criminal history (arrests/convictions), and prior marriages (including cases where a divorce was not completed before remarriage). Weaker or inconsistent evidence can also lead to delays or denials.

[5:18] Next steps: identify whether adjustment of status or consular processing applies, start gathering evidence early, and keep it organized in a dedicated folder or binder. If there are complications—even something that seems simple—get advice before filing to avoid denials or removal proceedings. Our office offers a free consultation if you have questions about your case.

Overview

GREEN CARD THROUGH MARRIAGE

Getting a marriage green card through adjustment of status lets a foreign spouse living in the United States apply
for a green card based on marriage to a U.S. citizen (or lawful permanent resident, on some occasions), without
leaving the country. Couples in Chicago and the surrounding suburbs use this process to get permanent residency
based on a real, bona fide marriage.

What This Page Covers:


Schedule a Free Consultation

FAQ

Frequently Asked Questions About Marriage Green Card/Adjustment of Status Cases

Show / hide frequently asked questions

Click a question below to expand the answer.

What is a marriage green card/adjustment of status through marriage?
It is the process that allows a foreign spouse already in the United States to apply for permanent residence (a green card)
based on marriage to a U.S. citizen or lawful permanent resident, without leaving the United States for consular processing
(in many cases). For an overview of the process, see our main guide:
Marriage Green Card.
How long does the process take in Chicago?
Timelines vary. Processing depends on USCIS workload, whether an interview is required or waived, and the complexity of the case.
We provide a current, Chicago-specific timeline estimate at the start of representation based on recent adjudication trends.
Do we have to attend a USCIS interview?
Many marriage-based adjustment cases are scheduled for an in-person interview at the local USCIS field office, although USCIS has
increased interview waivers for lower-risk cases with strong documentation. You should prepare as if an interview will be required.
For interview strategy, see:
Marriage Green Card Interview.
Does USCIS check my social media or digital history?
USCIS may review publicly available online information as part of vetting, and USCIS has implemented efforts to collect social media
identifiers on certain immigration forms and systems. The scope and look-back period can depend on the benefit type and the form
version used at the time of filing.
What happens if our first interview doesn’t go well?
If the officer has significant concerns, USCIS may continue the case for additional evidence, issue an RFE or NOID, or schedule a more
detailed follow-up interview. In some higher-scrutiny cases, spouses may be questioned separately and asked detailed questions about
their relationship and shared life—sometimes informally referred to as a “Stokes” interview. We provide focused interview preparation
and case-strengthening strategies for higher-scrutiny scenarios.
Can I work while my marriage green card case is pending?
Many applicants file Form I-765 with the I-485. If approved, the Employment Authorization Document (EAD) allows lawful work in the
United States while the green card application is pending. For practical rules, timelines, and common pitfalls, see:
Work While AOS Is Pending.
Can I travel outside the U.S. after filing?
Many applicants must wait for advance parole (often via Form I-131) before international travel. Departing without the proper
authorization can create serious problems for a pending I-485 and may trigger additional admissibility issues depending on the
person’s history. For the full analysis and common scenarios, see:
Travel While I-485 Is Pending.
Can we file Form I-130 and I-485 together?
Many spouses of U.S. citizens who entered lawfully can file concurrently. Spouses of lawful permanent residents may need to wait until
a visa number is available based on the Visa Bulletin before filing the I-485. For the broader framework, see:
Immediate Relatives
and
Visa Bulletin.
What if I overstayed my visa?
Overstay consequences depend heavily on the petitioner’s status (U.S. citizen vs. permanent resident), the manner of entry, and any
other immigration history. Some issues are less problematic in immediate-relative cases, but others can create serious barriers.
For a deeper breakdown, see:
Overstay & Unlawful Presence
and, for B-2 specific scenarios,
B-2 Overstay Adjustment of Status.
What evidence does USCIS look for?
USCIS looks for proof of a bona fide marriage, often including joint financial records, shared housing documentation, insurance/beneficiary
designations, joint tax filings (when applicable), photos, and other evidence showing a shared life. For a practical checklist, see:
Bona Fide Marriage Evidence.
What if USCIS issues an RFE or NOID?
An RFE or NOID means USCIS needs more information or has identified a concern. These notices have strict deadlines and benefit from a
well-organized, legally grounded response tailored to the stated issues. For a practical overview, see:
RFEs & NOIDs.
What if my case is denied?
Options may include a motion to reopen or reconsider, re-filing, or (in some situations) proceedings in immigration court. The best strategy
depends on the stated basis for denial and the person’s immigration history. For a focused guide, see:
Denied — What Next?.
Can I get a marriage green card while I’m in deportation (removal) proceedings?
Sometimes. Strategy often starts with an I-130 petition and then evaluates court pathways, timing, and waiver issues.
For a detailed overview, see:
Marriage Green Card During Removal Proceedings.
Can I get a marriage green card after a prior removal order or deportation?
It may be possible, but the strategy can change significantly. Many cases involve layered filings and careful analysis of bars and waivers.
Start here:
Marriage Green Card After a Removal Order
and the overview hub:
Inadmissibility & Waivers.
When should I worry about inadmissibility or waiver issues?
Waiver issues often come up when there is prior unlawful presence, misrepresentation concerns, criminal history, or prior removals.
If you want a roadmap to common issues and waiver options, start here:
Inadmissibility & Waivers.
How much does a marriage green card cost?
Most marriage-based adjustment cases are a $2,500 flat fee for attorney services (government filing fees are not included).
For a case-specific quote, request a free consultation:
free consultation.
How long have you been practicing immigration law?
I began working on immigration matters in law school through the Political Asylum Clinic and have been practicing immigration law since 2001.
I am a member of the American Immigration Lawyers Association (AILA), and I have been teaching immigration law and procedure to paralegals since 2007.
That experience informs how I prepare cases and guide clients through the process.

Who Qualifies for Marriage Green Card in Chicago?

Eligibility Criteria for Marriage-Based Adjustment of Status – 8 C.F.R. § 204.2

To be eligible for marriage-based adjustment of status, most applicants must show:

  1. Valid marriage:
    You are legally married, and the marriage is bona fide, meaning it was entered into in good faith and not solely for immigration purposes. While the USCIS generally requires couples demonstrate cohabitation, because marriage alone is insufficient, there are some exceptions to that rule, if the facts make sense.
  2. Qualifying petitioner:
    Your spouse is a U.S. citizen or lawful permanent resident. Different timing and eligibility rules apply to spouses of permanent residents, so strategy matters.
  3. Lawful entry:
    You were admitted or paroled into the United States (for example, with a visa or through the Visa Waiver Program). In most cases, someone who entered without inspection cannot adjust status based on marriage alone.
  4. Review of immigration history:
    Some past overstays and unauthorized employment can be forgiven for spouses of U.S. citizens, but other violations—such as prior fraud, removal orders, or certain unlawful entries—may require a waiver or make you ineligible.
  5. No unwaived inadmissibility:
    You are not inadmissible to the United States for criminal, immigration, health, or other reasons, or you qualify for a waiver where one is available.

What are the current USCIS filing fees?

USCIS fees can change, and totals vary by form and case type. Use the official calculator for the latest amounts.


USCIS Fee Calculator

Opens USCIS.gov in a new tab

What Forms and Documents Do We Need for a Marriage Green Card?

A typical marriage green card case in Chicago uses several core forms, including Form I-130, Form I-130A, Form I-485, Form I-864, and
supporting documents like birth certificates, a marriage certificate, proof of lawful entry, and evidence of a real marriage. Optional forms
such as Form I-765 (work permit) and Form I-131 (advance parole) can also be filed in many cases.

For a detailed checklist of marriage green card forms, links to each USCIS form, and a breakdown of the supporting documents most couples need,
see our

marriage green card forms and documents guide
.

What Is the Step-by-Step Process for a Marriage Green Card?

Most marriage-based green card cases follow the same basic path: you prepare the forms and evidence, file the packet, go to biometrics, wait
for work and travel permission, attend the marriage interview, and then get a decision from

USCIS
.
The total time can be many months, and it is common for the process to take a year or longer, especially in busy field offices such as Chicago.

For a simple, step-by-step explanation of each stage in the process, see our

marriage green card timeline and process guide
.
That page walks through what happens after you file, how biometrics, work cards, travel permission, and the interview usually fit together, and
what most couples can expect as their case moves forward.

How Should We Prepare for the Marriage Green Card Interview?

The USCIS is strictly scrutinizing marriage-based green card applications. At a marriage green card interview, a USCIS officer reviews your forms, evaluates your evidence that the marriage is bona fide, and asks
both spouses questions about their lives together. For most Chicago cases, the interview takes place at the USCIS Chicago Field Office at
101 W. Ida B. Wells Drive and usually lasts less than an hour.

To keep this page focused on the big picture, we created a separate guide that explains how to prepare, what to bring, common interview
questions, and what can happen after the interview. You can read it here:

marriage green card interview guide
.

What Evidence Proves Our Marriage Is Bona Fide?

USCIS looks for real-life evidence that your marriage is genuine and not entered into solely for immigration purposes.
The strongest evidence shows how you live together, make decisions together, manage finances, communicate, celebrate
important events, and build a future as a married couple. Below are common categories of evidence USCIS reviews and
what they typically look like in practice.

Establishing the bona fide nature of your marriage is a critical part of a marriage-based adjustment of status case.
While there are exceptions in some circumstances, USCIS generally expects proof that you live as a married couple—not
just a marriage certificate. The most persuasive evidence often includes joint finances, shared housing, travel,
family events, children, ongoing communication, and shared responsibilities.

For a detailed checklist with examples of strong supporting documentation, see our guide on

evidence to prove a bona fide marriage for a green card
.

What Are the Most Common Problems in Marriage Green Card Cases?

Possible challenges and tips for a successful application

Navigating the marriage-based green card process can be complex. Below are some of the most common issues that arise,
along with practical considerations that can help reduce risk and delays.

  • Proving the bona fide nature of the marriage:
    USCIS closely scrutinizes marriage-based cases. USCIS looks for proof of shared lives, not just marriage certificates.
    Strong evidence may include joint financial records, shared housing documentation, photographs, and affidavits from
    friends or family. See the section below for more detail.
  • Avoiding immigration violations:
    Maintaining lawful status where possible and avoiding unauthorized employment is important.
    While some overstays are forgiven for spouses of U.S. citizens, other violations can still create serious problems.
    For a deeper explanation, see our

    guide to marriage green cards after overstay or unlawful presence
    .
  • Keeping up with changing immigration rules:
    Immigration policies and procedures change frequently. Staying informed—and getting guidance when needed—can help
    prevent mistakes that affect eligibility or timing.
  • Addressing potential inadmissibility issues:
    Criminal history, health-related grounds, or prior immigration violations may require careful analysis and, in some
    cases, a waiver application.
  • Accurate and timely filing:
    Forms should be completed carefully and supported by the correct documents. Missing, inconsistent, or late filings
    are a common source of delays and RFEs.
  • Patience with processing delays:
    Marriage-based adjustment cases often take many months and sometimes longer than a year, particularly in busy
    field offices like Chicago.

For more detail, see our guides on

additional tips for a successful marriage visa case

and

common red flags to avoid
.

When “Marriage Green Card” Overlaps with Inadmissibility

Many marriage-based cases are straightforward, but some issues can trigger inadmissibility concerns that affect eligibility, timing, or required waiver strategy. If any of these topics sound familiar, explore the related guides below.

2025 Red Flag Guide

USCIS may review publicly available online information and compare it to information provided in your filing.
The categories below summarize common “digital red flags” that can create delay, additional questioning, or requests for evidence.
Click each category to expand and review potential issues.

Employment & Education Mismatches
VETTING RISK
Inconsistencies between online profiles (for example, LinkedIn/Indeed) and information in your forms can trigger follow-up questions.
Common examples include job titles, employment dates, school attendance, and graduation timelines.
Relationship “Ghosting” & Online Presence
FRAUD RISK
Public profiles that appear inconsistent with a shared married life can increase scrutiny. Examples include contradictory relationship
status information, timelines that do not match filings, or online content that conflicts with your claimed living arrangements.
“Sentiment” and Joke Posts That Read Badly in Context
SCREENING RISK
Posts about “marriage for papers,” unauthorized work, or other unlawful conduct—even if intended as humor—can be taken literally and
may lead to uncomfortable questions or requests for clarification.
Lifestyle, Substance-Related Posts, & Federal Compliance
ADMISSIBILITY RISK
Public content suggesting drug use, arrests/citations, or other conduct that raises admissibility or good-moral-character concerns can
create additional risk. These issues are highly fact-specific and should be reviewed carefully before filing.
Legal Disclaimer & Disclosure

The information provided in this Red Flag Guide is for general informational purposes only and does not constitute legal advice.
This is not an exhaustive list, and avoiding these issues does not guarantee application approval. Use of this guide does not create
an attorney-client relationship. Immigration law and adjudication are fact-specific and may involve discretionary decisions; you should
consult with a qualified attorney to review your circumstances before filing any benefit request with USCIS.

Fast Help: Urgent Marriage Green Card Situations

If you’re dealing with a denial, court (“deportation”) case, or waiver issue, use these focused guides to get oriented quickly:

What Is Conditional Residency?

If you receive a marriage-based green card and the marriage is less than two years old on the date permanent
residence is approved, USCIS typically issues a 2-year “conditional” green card (CR-1/CR-6).
Conditional residency is lawful permanent residence, but it expires after two years unless you file a petition
to remove conditions.

In most cases, the next step is filing Form I-751 during the 90-day window before the card expires.
Learn the process and waiver options here:

Form I-751 (Remove Conditions)
.

Fees

Immigration Lawyer Fees

One of the most common questions is what you will pay an attorney. One of the most common complaints is hidden fees.
I believe you deserve to know what your immigration case will cost before you commit. Below you will find my attorney
fees for a standard marriage-based green card case, what those fees include, and how to find current government filing
fees. No hidden charges. No surprise bills mid-process.

 

Marriage-Based Green Card (Adjustment of Status)

Flat-fee attorney representation from start to finish.

Attorney Fees: Flat fee $2,500 for most marriage-based AOS cases.
Half due to begin, half due when the interview is scheduled or the case is decided without an interview.
Any additional issues are discussed in advance, and there is no obligation to retain after consultation.

Next step — speak directly with the attorney.

  • Book online:

    Schedule a time on Calendly

    that fits your schedule.
  • Email:
    If none of those times work,

    send me a message

    and we’ll find a time that does.
  • Call:
    If something is urgent or you’d rather just talk, call
    872-222-9077.
    If I’m not available, leave a message and I’ll get back to you promptly.

Government Filing Fees: Paid directly to USCIS in addition to attorney fees. USCIS updates their fee schedule periodically,
so check the

USCIS Fee Calculator

for current filing fees before budgeting your case.

What Is Included in My Attorney Fees

My flat fee for marriage-based adjustment of status covers all attorney work from retention through USCIS decision:

  • Initial case evaluation and strategy development
  • Preparation and review of all required forms
  • Evidence planning and document organization
  • Assembly and submission of the complete filing package
  • Response to any Request for Evidence (RFE) or Notice of Intent to Deny (NOID)
  • Interview preparation
  • Attorney presence at your USCIS interview
  • Communication and case updates throughout the process

What Is Not Included

The following are not included in the base attorney fee and would be quoted separately if needed:

  • Appeals to the Board of Immigration Appeals (BIA)
  • Federal court litigation
  • Immigration court proceedings
  • Complex inadmissibility issues requiring waivers (for example, I-601 or I-212 waivers)
  • Removal defense

If your case involves any of these issues, I will work to identify them during our consultation and provide a separate fee quote before
any work begins. If an issue becomes apparent after filing, we will discuss it promptly and proceed under a separate written agreement
if you request my assistance.

Third-Party Costs

In addition to attorney fees and government filing fees, you should budget for third-party costs that are not included in my fees:

  • Civil surgeon medical examination (required for I-485): varies by provider
  • Passport-style photographs
  • Document translation services (if applicable)
  • Certified copies of vital records (birth certificates, marriage certificates, divorce decrees)

Free Consultation

I offer a free initial consultation to evaluate your marriage green card case, identify potential issues, and explain your options.
During this consultation, you will receive:

  • An assessment of eligibility for adjustment of status
  • Identification of red flags or complications (if any)
  • A clear explanation of the process and timeline
  • A firm attorney fee quote for your specific situation

You will know what your case will cost before you decide to move forward.

Why I Charge Flat Fees

I use flat fees rather than hourly billing because you should not have to worry about the meter running every time you ask a question or
need an update. A flat fee means you know your total cost upfront, and it aligns incentives to handle your case efficiently and carefully.

Schedule Your Free Consultation

I don’t want scheduling to be a barrier. Choose whichever option works best for you:

  • Book online:

    Schedule a time on Calendly

    that fits your schedule.
  • Email:
    If none of those times work, email

    info@jrandolphlaw.com

    and we’ll find a time that does.
  • Call:
    If something is urgent or you’d rather just talk, call
    872-222-9077.
    If I’m not available, leave a message and I’ll get back to you promptly.

Immigration questions don’t always come up during business hours, and I understand that reaching out can feel like a big step.
However you prefer to connect, I’m here to help.

Areas Served: Chicago Marriage Green Card Lawyer

Located near the USCIS Chicago Field Office, we represent couples across the full USCIS Chicago Field Office jurisdiction, including Illinois and Indiana.
Expand a region below to see common cities and counties.

Northern Illinois (Chicagoland & Collar Counties)
  • Cook County: Chicago, Cicero, Schaumburg, Evanston, Skokie, Oak Park, Arlington Heights, Palatine, Des Plaines
  • DuPage County: Naperville, Wheaton, Downers Grove, Elmhurst, Lombard, Carol Stream
  • Lake County (IL): Waukegan, Highland Park, Mundelein, Libertyville
  • Will County: Joliet, Bolingbrook, Plainfield
  • Kane County: Aurora, Elgin, St. Charles
  • Additional Counties: McHenry (Woodstock), Kendall (Oswego), Grundy (Morris), Kankakee

Northwest Indiana (NWI)
  • Lake County (IN): Gary, Hammond, Merrillville, Crown Point, Munster, Highland, Schererville
  • Porter County: Valparaiso, Portage, Chesterton
  • LaPorte County: Michigan City, La Porte
  • St. Joseph County: South Bend, Mishawaka

Central Illinois (Selected Counties)
  • Peoria & Bloomington-Normal: Peoria County, McLean County
  • Regional Coverage: Tazewell, Woodford, Marshall, and Stark Counties

Final Thoughts on Marriage-Based Adjustment of Status

Marriage-based adjustment of status is a document-heavy, discretionary process. Being well-prepared, organized,
and proactive can significantly reduce delays, requests for evidence, and interview complications. Couples in
Chicago and the surrounding areas often benefit from working with an immigration attorney who understands both
the legal requirements and local USCIS practices.

If you are deciding whether you need legal representation at all, you may find it helpful to review our

DIY vs. Counsel

guide, which explains when couples successfully file on their own and when professional guidance is strongly recommended.

If you would like a case-specific assessment, I offer a free consultation to review eligibility, identify
potential issues, and explain your options before you decide how to proceed.

Request a free consultation
.

Not married yet?

Consider a Fiancé (K-1) Visa First

If you are engaged (but not married), a Fiancé (K-1) visa may be the right first step. The K-1
lets a U.S. citizen bring a fiancé(e) to the United States to marry within 90 days. After the
wedding, most couples move forward with adjustment of status to apply for the marriage-based
green card.

  • Available to U.S. citizens (not permanent residents)
  • Typically requires an in-person meeting within the last two years
  • Designed as a bridge from engagement → marriage → green card


Read the Fiancé (K-1) visa guide

|

Schedule a free consultation

Not Sure If You Qualify?

Answer a few questions to see which path may be available to you — adjustment of status, consular processing,
or whether complications in your case suggest getting legal guidance before filing.


Try the Free Eligibility Checker →

Takes about 2 minutes. No email required.

Once you receive your 10-year green card, you will eventually need to renew it. We handle Form I-90 filings for lawful permanent residents nationwide.

CRITICAL UPDATES FOR MARRIAGE GREEN CARD CASES

Late 2025 USCIS Changes: Expanded Vetting and Payment Rules

In 2025, USCIS announced major changes affecting how certain applications are screened and how filing fees must be paid.
These updates can affect case strategy, documentation, and how you prepare for the interview process.

Critical Update: Centralized Vetting and Expanded Screening

USCIS has described a shift toward more centralized, enhanced vetting and screening for immigration benefit requests,
including broader use of automated tools and analytics.

  • Ongoing review while the case is pending: Applicants should assume new issues that arise after filing can still impact adjudication.
  • Online footprint and consistency: USCIS has moved toward broader collection and review of “social media identifier” information in accordance with federal notices and EO 14161. (Federal Register notice)
  • Document accuracy matters even more: Inconsistent employment/education history, dates, and addresses can create avoidable delays and follow-up requests.

USCIS “Special Agents” and Expanded Authorities

USCIS announced the creation of a new class of “special agents” and published a final rule codifying certain law enforcement authorities effective October 6, 2025. (USCIS announcement; Final rule)

  • Take interviews seriously: Treat the interview as a formal government proceeding where consistency and preparation matter.
  • Do not “wing it”: If there are prior issues (entries, arrests, prior petitions, inconsistencies, prior orders), you should consider legal review before filing or interviewing.

Mandatory: Electronic Payments for Paper-Filed Forms

USCIS announced that, after October 28, 2025, paper-filed forms generally require electronic fee payments (ACH debit via Form G-1650 or credit card via Form G-1450).
(USCIS fee payment modernization;
Form G-1650)

  • ACH debit: Use Form G-1650 (U.S. bank account).
  • Credit card: Use Form G-1450.
  • Paper fee exemptions: USCIS also issued a paper-fee exemption request form for limited situations.
    See Form G-1651.

END OF UPDATES


Attorney-Drafted Resource

2025 Social Media Vetting Audit

Don’t let a “liked” post or an outdated profile title trigger a USCIS Vetting Center investigation. Use our comprehensive audit to secure your digital footprint before you file.


📥 DOWNLOAD THE CHECKLIST (PDF)

File: Social-Media-Audit-Checklist.pdf | Updated Dec 20, 2025

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