Are you recently engaged? Congratulations! Before you set a wedding date, it’s important to think about how your marriage plans may affect your immigration process. Whether you marry in the U.S., abroad, or bring your fiancé(e) here on a K-1 fiancé visa, your choice can influence how long it takes to get a marriage-based green card and how complex the process will be.
When a U.S. citizen marries a non-U.S. citizen, there are several paths to permanent residency. Your decision impacts:
Whether your fiancé(e) enters the U.S. before or after marriage
Whether you apply from inside the U.S. (adjustment of status) or abroad (consular processing)
How long it will take to receive a green card
Additional steps for processing one spouse arrives
In this guide, we’ll break down three common paths to a green card through marriage, explaining how each one works, typical timelines, and key factors to consider.
If your fiancé(e) is already in the U.S. legally on a visa (such as a tourist, student, or work visa), you can marry here and then apply for a marriage-based green card through adjustment of status.
How it works:
Get married in the U.S.
File Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). Spouses of U.S. citizens, usually file the I-130 and the I-485 together
Your spouse is allowed to remain in the U.S. while the application is processed.
Estimated timeline: Around 8-12 months, depending on your local USCIS office and case details.
Benefits of applying for a green card through adjustment of status:
Your spouse can stay in the U.S. during the process.
The process can move faster since you can often file both forms together.
You will not need to interview or complete the visa processing at a U.S. consulate abroad (but you will need to interview in the U.S.). USCIS is a much better forum than the U.S. embassy
Challenges of the adjustment of status route:
You must provide strong evidence that your marriage is genuine.
Entering the U.S. on a non-immigrant visa and then applying for a green card can raise questions about intent, and eligibility for adjustment.
If you’ve been married less than two years when approved, your spouse will receive a conditional green card. This will require another step in a few years to remove the conditions.
Option 1 is best for: Couples already together in the U.S. who want to minimize time apart.
The K-1 fiancé(e) visa allows your partner to enter the U.S. for the purpose of marriage.
How it works:
The U.S. citizen files Form I-129F (Petition for Alien Fiancé(e)).
Your fiancé(e) abroad completes the consular interview and receives the K-1 visa.
You must marry within 90 days of your fiancé(e)’s arrival.
After the wedding, you apply for a marriage-based green card through adjustment of status.
Estimated timeline: Roughly 20-28 months total (about 12-18 months for the K-1 visa process, plus 8 months or more for the green card).
Benefits of the K-1 fiancé visa route:
Allows your fiancé(e) to enter the U.S. before marriage.
Once married, they can stay in the U.S. while applying for a green card.
Ideal for couples who want to begin their lives together in the U.S. as soon as possible.
Challenges of the K-1 visa process:
Involves multiple steps: petition, visa approval, marriage, and adjustment of status.
You must marry within 90 days of entry, or the visa expires.
If plans change, your fiancé(e) may need to leave the U.S.
Your spouse cannot immediately work after entering the U.S.
Option 2 is best for: U.S. citizens with a fiancé(e) living abroad who want to live together in the U.S. shortly after marriage, or for couples who cannot get married right now for some reason.
Some couples choose to marry abroad and apply for a spousal green card through consular processing.
How it works:
You legally marry abroad.
File Form I-130 (Petition for Alien Relative) after the marriage.
Your spouse attends an interview at a U.S. embassy or consulate.
Once approved, they enter the U.S. as a permanent resident.
Estimated timeline: About 24-36 months, depending on embassy backlogs, country of residence, and documentation requirements.
Benefits of marrying abroad and applying for a green card:
Your spouse enters the U.S. as a lawful permanent resident, with immediate work and travel authorization.
There’s no need for adjustment of status after arrival.
It can be simpler if you plan to marry abroad anyway or are not ready to move to the U.S. right away.
Challenges of the consular processing route:
Processing times are typically longer than applying within the U.S.
Couples often spend months or years living apart during the process.
Requirements vary by country, including translations, local marriage laws, and embassy schedules.
Option 3 is best for: Couples who plan to marry abroad and can manage some time apart while waiting for visa approval, or for couples who already live together abroad.
*Note: These are estimates; actual times vary by USCIS/consulate backlog, country of origin, completeness of documents, etc.
When deciding which green card process is right for you:
Is the petitioner a U.S. citizen or a green card holder?
Many of the timelines above assume the petitioner a U.S. citizen. If you are a lawful permanent resident (green card holder) sponsoring a spouse, the wait is longer and adjustment options in the U.S. are more limited.
Where is your fiancé(e) currently residing?
If they are already legally in the U.S., marrying here may make sense. If they are abroad, you’ll need to decide whether to bring them here first or marry abroad.
Can your fiancé(e) travel now or soon?
If travel is difficult, marrying abroad might make more sense.
How long can you and your partner wait apart?
Some routes involve waiting abroad or separation.
Do you want the spouse to enter the U.S. with permanent resident status immediately (marry abroad route) or live in the U.S. first then adjust status?
The abroad marriage route gets them in as a permanent resident; the U.S. marriage/fiancé visa routes involve an adjustment process.
Can you provide sufficient evidence of the relationship?
Immigration officers will scrutinize the marriage to ensure it is bona fide (not solely for immigration). If the evidence is weak, the case can get delayed or denied. An immigration attorney can help you prepare a well-documented application to prove your relationship.
What are conditional green cards?
If you’ve been married less than two years when the green card is granted your spouse will get a conditional green card and you’ll need to remove conditions later.
Every couple’s immigration journey is unique. The right path depends on your goals, travel ability, and comfort with timing and paperwork. A knowledgeable immigration attorney can help you understand your options, prepare accurate forms, and ensure your case is well-documented from the start.
At Cambridge Immigration Law, we’ve guided thousands of couples through the green card process over the past 20 years. Contact us today to discuss your situation and find the best path to building your future together in the United States.