US Green Card by Marrying a US Permanent Resident

Marrying a US citizen is one of the most direct routes to a US green card. The spouse of a US citizen is considered an “immediate relative,” which means there is no annual quota and no waiting line in the visa bulletin, so eligible applicants can move toward permanent residence as fast as the paperwork allows. For Canadians already living cross-border lives, it is often the cleanest path to living and working permanently in the United States.

Silver Immigration helps Canadian-American couples prepare a well-documented, credible application, whether you apply from Canada or from inside the US.

What Is a Marriage-Based Green Card?

A marriage-based green card gives the foreign spouse of a US citizen lawful permanent residence. Because spouses of US citizens are immediate relatives, an unlimited number of visas is available each year and there is no priority-date backlog, unlike most family categories. Once approved, you can live and work anywhere in the US and, after the required period, apply for US citizenship.

Are You Eligible?

To qualify, you generally need to show that:

• You are legally married to a US citizen (a genuine, bona fide marriage, not one entered into for immigration purposes).
• Both spouses were legally free to marry (any previous marriages were properly ended).
• Your US-citizen spouse can sponsor you and meet the financial-support (affidavit of support) requirements.
• You are not subject to a bar to admissibility (certain criminal or immigration issues may require a waiver first).

Two Ways to Get the Green Card: Consular Processing vs Adjustment of Status

There are two routes, and the right one depends on where you are living when you apply.

• Consular processing (CR-1 / IR-1 immigrant visa): for a spouse living in Canada. Your spouse files the petition, the case is processed through the National Visa Center and a US consulate, and you enter the US already as a permanent resident.
• Adjustment of status (Form I-485): for a spouse already lawfully in the US, who can apply to become a permanent resident without leaving the country, often with work and travel permission while the case is pending.

Which Forms Will You File?

Most marriage-based cases start with Form I-130 (Petition for Alien Relative) and Form I-130A (spousal supplement). From there you either file Form I-485 to adjust status inside the US, or complete Form DS-260 and consular processing from Canada. Your spouse also files an affidavit of support (Form I-864). We prepare and review the full package so nothing that could trigger a request for evidence is missed.

The Green Card Interview and Proving a Genuine Marriage

Marriage-based applications almost always include an interview, and the central question is whether the marriage is real. Strong cases document a shared life: wedding and travel photos, a joint lease or mortgage, joint bank accounts and bills, insurance naming each other, and affidavits from people who know you as a couple. We help you assemble evidence that tells a consistent, convincing story and prepare you for the green card interview itself.

Conditional Residence and Removing Conditions (Form I-751)

If your green card is approved less than two years after the wedding, you receive conditional permanent residence, valid for two years. Before it expires, you and your spouse file Form I-751 jointly to remove the conditions and obtain a ten-year green card. Waivers of the joint-filing requirement exist for situations such as divorce or hardship. We track these deadlines so you never fall out of status.

Cost and Processing Time

Costs include USCIS filing fees for the petition and the green card application, the medical exam, and, for consular cases, the immigrant-visa fee. Timelines vary with the route and current USCIS and consular workloads and can range from several months to over a year. (Confirm current government fees and processing times before applying, as they change.)

Engaged Rather Than Married? The K-1 Fiancé(e) Visa

If you are engaged but not yet married, the K-1 fiancé(e) visa lets your partner enter the US to marry within 90 days, after which they adjust status to a green card. Marrying first and filing a spousal case is sometimes simpler; we can advise on which fits your situation.

For all US permanent-residence options, see our US green card page. If your spouse is a green-card holder rather than a citizen, see marrying a US permanent resident.

Frequently Asked Questions

How long does a marriage green card take for a spouse of a US citizen?

There is no quota wait, but processing still takes time, often several months to over a year depending on whether you use consular processing or adjustment of status and on current government workloads.

Can I work while my green card application is pending?

If you adjust status inside the US, you can usually apply for a work permit (and travel permission) while the case is processed. Consular applicants receive permanent residence on entry and can work immediately.

What is conditional permanent residence?

If you have been married less than two years when approved, your first green card is conditional for two years. You file Form I-751 jointly before it expires to get the ten-year card.

What if we later divorce?

It can complicate a conditional-residence case, but waivers of the joint-filing requirement exist. Speak with us as early as possible so we can advise on your options.

Do we have to attend an interview?

In most marriage cases, yes. The officer is confirming the marriage is genuine. Good documentation and preparation make a big difference.

Married to an American?

We help Canadian-American couples build a strong, credible marriage-based green card application.

Call us today at +1 (888) 799-4769 or fill out our contact form to book your free consultation with a US immigration lawyer.

This page provides general information and is not legal advice. US immigration law changes frequently, so book a consultation for advice on your specific situation.

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