If you’re married to a U.S. citizen or permanent resident, understanding your green card options is important for your immigration future. However, many couples don’t realize just how dramatically these two pathways differ. That’s why consulting with a green card attorney is helpful because they can explain the differences between these two situations.
Green card wait times, filing procedures, residency status, financial requirements, and paths to citizenship all vary dramatically depending on whether you marry a U.S. citizen or a green card holder.
Processing Times Create the Biggest Difference
The most noticeable difference between getting a marriage-based green card through a U.S. citizen versus a green card holder is the processing time.
Spouses of U.S. citizens have no annual limit on green cards available to them. They fall under the “immediate relative” category. This means there is no waiting list, and current processing times range from 9.2 to 14.8 months, depending on the location.
In contrast, spouses of green card holders are classified as “family preference,” which has annual limits. This means applicants are placed on waiting lists, and the current processing time takes approximately 35 months before they can complete the green card process.
Filing Procedures Follow Different Rules
Beyond processing times, spouses of U.S. citizens can file the I-130 family relationship petition together with their I-485 green card application in one step. This procedure prevents delays and is known as “concurrent filing.”
Spouses of green card holders must file these forms separately. First, the green card holder spouse must file the I-130. Only once the I-130 is approved can the immigrant spouse file the I-485.
Spouses of green card holders must also wait to file I-485 until their “priority date” on the visa waiting list becomes current. Spouses of U.S. citizens do not typically encounter visa wait lists.
Conditional vs. Permanent Residence Status
Both spouses of U.S. citizens and green card holders may receive conditional permanent residence if they are married for less than two years at the time their green card is approved. This means the initial green card is only valid for two years.
Within 90 days before the conditional green card expires, couples must file Form I-751 with evidence proving their marriage is genuine, including joint bank accounts, shared lease or mortgage, utility bills, photos, and travel records.
However, spouses of green card holders often skip this conditional status because their longer processing times mean they are usually married for more than two years by the time their green card is approved.
Financial Requirements Remain the Same
Despite these differences, all marriage-based green cards have the same financial requirements. The sponsoring spouse must file an Affidavit of Support (Form I-864), showing that they meet the income requirements, often around 125% of the U.S. Federal Poverty Guidelines.
This obligation remains binding until the immigrant spouse becomes a U.S. citizen or accumulates 40 work credits towards Social Security.
Path to Citizenship Differs
Spouses of U.S. citizens can typically apply for U.S. citizenship only three years after receiving permanent resident status. Other green card holders usually have to wait five years.
Marriage to a U.S. citizen offers a faster path not only to obtaining initial green card status, but also to naturalization and becoming a U.S. citizen.
Family Members Are Subject to Different Rules
Minor children (under 21 and unmarried) of spouses who marry U.S. citizens are considered immediate relatives and are eligible to apply for green cards without waiting periods. The U.S. citizen parent must file a separate I-130 petition for each child, but these applications are processed quickly with no annual limits.
On the other hand, minor children of spouses of green card holders can be included directly on the primary application but are subject to the same waiting periods and annual limits as their parent, which can mean years of waiting.
Recent Changes Increase Documentation Requirements
Immigration authorities have increased demands for documentary evidence across all marriage-based green card applications. Proving a legitimate marriage is now more intensive than ever.
Applicants are advised to thoroughly document their lives together using evidence such as:
- Joint bank statements and bills
- Contracts from their mortgage or lease demonstrating joint occupancy
- Children’s birth certificates who were born to the marriage
- Insurance policies listing both spouses
- Photos spanning the history of the relationship
These documentation rules aim to reduce marriage fraud. All couples applying for marriage green cards must build strong evidence to get approved.
Choose Your Strategy Based on Circumstances
Green card processes based on marriage to a U.S. citizen or green card holder have differences across timelines, procedures, and benefits.
Before getting married, take time to familiarize yourself with the visa categories, wait times, filing complexity, paths to citizenship, and more based on your personal situation. If your fiancé is currently a green card holder, for example, see if applying for U.S. citizenship first might simplify your immigration journey.
Secure a Trusted Fairfax, VA Green Card Attorney
The complexities of marriage-based green card applications can be challenging for many couples, as mistakes can lead to prolonged delays or denials.
Pride Immigration’s experienced green card attorneys have successfully guided numerous couples through the marriage-based green card process.
Contact us today at (703) 594-4040 or online to learn more about your options and get expert advice customized to your specific circumstances.
Beeraj Patel, Esq.
Latest posts by Beeraj Patel, Esq. (see all)
- Green Cards for Spouses of U.S. Citizens vs. Green Card Holders - August 18, 2025
- Preparing for Your First Green Card Attorney Meeting - August 4, 2025
- PERM Labor Certification Timeline Guide - July 21, 2025