--- title: "Married a U.S. Citizen? Marriage Green Card Process in Virginia" description: "Married a U.S. citizen? How the marriage green card process generally works, from the I-130 to the USCIS interview in Fairfax, Virginia, in 2026." url: "https://firstpointlaw.com/solutions/married-a-us-citizen" --- Immigration guide # I Married a U.S. Citizen Marrying a U.S. citizen can open a path to a green card, but the route depends on how the immigrant spouse entered the country and on their history. This page explains how the process generally works in 2026, what the interview in Fairfax is like, and what tends to cause delays or denials. [Call (703) 385-6868](tel:+17033856868) Request a Consultation - Clients in Virginia, across the U.S. and abroad ## Travel and timing matter If a green card application is pending inside the U.S., leaving the country without advance parole can cause USCIS to treat it as abandoned. A two year conditional green card requires Form I-751 in the 90 days before it expires. If it is not filed, conditional status ends automatically. [Talk with our team: (703) 385-6868](tel:+17033856868) [Practice area **Immigration Law**](/legal-services/immigration-law/) ## At a glance - Spouses of U.S. citizens are immediate relatives, so there is no visa waiting line. Timing depends on USCIS and consulates. - Entered lawfully? Adjustment inside the U.S. may be possible. Entered without inspection? Consular processing, often with an I-601A. - A May 2026 USCIS memo treats adjustment of status as discretionary, so history and evidence carry more weight. - Northern Virginia and D.C. interviews are held at the USCIS Washington Field Office, 2675 Prosperity Avenue, Fairfax. ## Why Spouses of U.S. Citizens Have a Faster Path Under immigration law, the spouse of a U.S. citizen is an immediate relative. Immediate relatives are not subject to yearly visa limits, so there is no waiting line for a visa number. Spouses of permanent residents, by contrast, must wait for a visa to become available. The process starts when the citizen files Form I-130, Petition for Alien Relative. It proves two things: that the petitioner is a citizen, and that the marriage is legally valid and genuine, meaning it was not entered into to get immigration benefits. USCIS calls a genuine marriage "bona fide." A pending or approved I-130 gives the immigrant spouse no status and does not stop removal. USCIS guidance updated in August 2025 says it may issue a Notice to Appear (the document that starts removal proceedings) if the beneficiary appears removable. ## Two Routes: Inside the U.S. or Through a Consulate Which route applies depends mainly on how the immigrant spouse entered the country. Adjustment of status Consular processing Where the spouse is In the U.S. Abroad, or leaves for the interview Usual fit Entered with inspection (visa or parole) Lives abroad, or entered without inspection Interview USCIS field office U.S. embassy or consulate Work permit while pending Can apply Not part of this process ### Spouse in the U.S. After a Lawful Entry If the spouse was inspected and admitted or paroled, the couple can usually file the I-130 together with Form I-485, the green card application. This is called adjustment of status. For immediate relatives, a past overstay or unauthorized work does not by itself block adjustment. Approval is not automatic, though. In a May 21, 2026 policy memo (PM-602-0199), USCIS told officers that adjustment of status is discretionary "administrative grace," not a substitute for consular processing. Officers weigh factors such as overstays, failure to depart, and conduct that does not match the visa used to enter. How and why the spouse entered, and what was said to officers at the time, can matter. ### Spouse Abroad, or Who Entered Without Inspection If the spouse lives abroad, the approved I-130 goes to the State Department's National Visa Center (NVC). The NVC collects fees, the Affidavit of Support and civil documents, and then the embassy or consulate schedules an interview. If the visa is approved, the spouse enters the U.S. as a permanent resident and the green card arrives by mail. A spouse who entered without inspection generally cannot adjust status inside the U.S. Leaving for the consular interview can trigger the 3 or 10 year bars. So many couples first seek the I-601A waiver, which requires showing extreme hardship to the citizen spouse. Some histories, like a reentry after a removal order, cannot be fixed this way. Our page for people who are undocumented explains the waiver and its limits. The 2024 parole in place program for spouses was struck down in court and is no longer available. ### Restrictions Based on Nationality Since January 1, 2026, Presidential Proclamation 10998 has suspended immigrant visas for nationals of a list of countries. Unlike the earlier version, it has no general exception for spouses of U.S. citizens, only case by case national interest exceptions. USCIS also put holds on some applications from nationals of these countries. A federal court vacated several of those hold policies in June 2026, and litigation continues. If either spouse is from a listed country, the current rules need a careful check. ## The Affidavit of Support (Form I-864) The citizen spouse signs Form I-864, a legally binding contract with the U.S. government to support the immigrant financially. The sponsor generally must show household income of at least 125 percent of the federal poverty guidelines, or 100 percent for active duty military sponsoring a spouse. If income falls short, a joint sponsor can also sign. If the immigrant receives certain means-tested public benefits, the government can seek repayment from the sponsor. Officers also review the "public charge" ground, which asks whether a person is likely to depend on government support. A federal rule effective September 18, 2026 replaced the 2022 standard and gives officers broader discretion to weigh all the facts. ## Working and Traveling While You Wait With a pending I-485, the immigrant spouse can apply for a work permit on Form I-765 and for a travel document called advance parole on Form I-131. Leaving the U.S. without advance parole may cause USCIS to treat the green card application as abandoned. Even with advance parole, travel can carry risks for people with past immigration problems, so it is worth checking first. In consular cases, the spouse generally waits abroad, or in the U.S. until the interview, and does not get a work permit through this process. Fees for each form are on the USCIS fee schedule. ## Your Green Card Interview in Fairfax USCIS's office locator assigns Fairfax, Arlington, Loudoun and Prince William ZIP codes, and Washington, D.C., to the USCIS Washington Field Office at 2675 Prosperity Avenue in Fairfax. Your interview notice is the final word on place and time. Field offices do not take walk-ins, and weapons and recording are not allowed. ### What Generally Happens USCIS interviews every adjustment applicant unless it waives the interview. In family cases, the citizen spouse generally must attend too. The officer reviews your answers on the forms, lets you correct anything, and asks about your relationship and history. An interpreter must show government ID and take an oath, and a neutral person is preferred. USCIS has also expanded screening and vetting since 2025, including more social media and financial checks. Under an August 2026 policy, officers may deny a case without first asking for missing evidence. That makes a complete, consistent file especially important. ### What Couples Usually Bring - The interview notice and a government photo ID for each spouse. - Passports and travel documents, even expired ones, and the I-94 record. - Originals of every document submitted with the application. - Updated proof of your life together: a joint lease or deed, shared bank accounts and bills, joint tax returns, insurance, children's birth certificates, photos over time, and letters from people who know you as a couple. The I-130 instructions list similar evidence of a bona fide marriage. Always follow the specific list in your notice. ## Conditional Residence and the I-751 If you had been married for less than two years on the day the immigrant spouse became a permanent resident, the green card is conditional and lasts two years. To keep residence, the couple generally files Form I-751 together in the 90 days before the card expires. If the marriage ended, there was abuse, or another listed hardship applies, the spouse may file alone with a waiver. If no I-751 is filed, conditional status ends automatically. Our page on divorce with a conditional green card covers what happens if the marriage ends. Couples married two years or more at that point receive a 10 year green card. ## What Commonly Causes Problems These issues come up often in marriage green card cases. Each depends on the details, and some can be addressed with careful preparation. - Prior immigration violations: entries without inspection, past removal orders, or reentry after a removal. - Misrepresentation: false statements on a visa application or at the border, or a false claim to U.S. citizenship. - Criminal history: arrests generally must be disclosed even if dismissed, with certified court records. - A prior marriage not legally ended: if either spouse's earlier divorce was not final, the new marriage may not be valid. - A past finding of marriage fraud, which bars any future petition. - Marriage during removal proceedings, which requires clear and convincing evidence that the marriage is genuine. - Inconsistent answers between spouses, or with earlier filings. - A weak Affidavit of Support or missing documents. - Missed appointments, such as biometrics, which can lead to denial. Under USCIS's February 2025 policy, a denial for someone who is not lawfully present generally leads to a Notice to Appear. That is one more reason to review the full history before filing. Our page on a denied immigration application explains what can follow a denial. Be careful with notario fraud. In many Latin American countries a notario is a lawyer, but in the U.S. notarios are not lawyers and cannot give immigration advice. Only a licensed attorney or an accredited representative of a recognized organization can, as USCIS warns. USCIS forms are free to download. ## How First Point Can Help Our immigration team, Managing Partner Katherine Martell and attorney Khadija N. Khan, prepares marriage green card cases from the first petition through the interview. We review the immigrant spouse's full history before filing, explain which route fits, handle I-601A waivers, and prepare couples for the Fairfax interview. Because we also practice family law in Virginia, we can help if a marriage ends during conditional residence. We work with couples in Virginia, other states and abroad. It helps to bring: - Both spouses' passports and IDs, and proof of the petitioner's citizenship. - Your marriage certificate, and divorce decrees or death certificates for every prior marriage of either spouse. - The immigrant spouse's I-94 and every immigration document or notice. - Arrest records and final court dispositions, if any. - The citizen's recent tax returns and pay stubs. - A few shared records, such as a lease and bank statements. ## Your immigration team - Katherine Martell Managing Partner - Khadija N. Khan Attorney ## Frequently Asked Questions Do you need a lawyer for a marriage-based green card? The law does not require one, and some couples file on their own. Legal help tends to matter most when there is an entry without inspection, a prior removal order, a criminal record, a prior marriage or a prior denial. Since USCIS can now deny a case without first asking for missing evidence, careful preparation counts. How much does a marriage green card cost? Government fees depend on the route and the forms filed. Inside the U.S., that usually means the I-130 and I-485, and often the I-765 and I-131. Consular cases involve State Department fees and the USCIS Immigrant Fee. USCIS lists current amounts on its fee schedule, and they change. Legal fees depend on the complexity of the case, and we explain ours before you decide. How long does a marriage green card take? It depends on the route, the office handling the case, background checks, and whether more evidence is requested. USCIS publishes current ranges on its processing times page. Consular cases also depend on the National Visa Center and the embassy, so no one can promise a date. Can a lawyer speed up the green card process? A lawyer cannot make USCIS or a consulate decide faster. What preparation can do is help avoid delays caused by missing documents, inconsistent answers or a weak Affidavit of Support. What are common red flags in a marriage green card case? Officers look closely at inconsistent answers and at little evidence of a shared life. They also look at a marriage during removal proceedings, a prior marriage that was not legally ended, and past immigration or criminal problems. Strong, consistent evidence that the marriage is genuine is what usually answers those concerns. What is the fastest way to bring a spouse to the U.S.? For a spouse living abroad, the usual route is an immigrant visa through consular processing, often called CR-1 if married under two years or IR-1 if longer. Because spouses of citizens are immediate relatives, there is no visa backlog, but processing still takes time. Nationality-based restrictions in 2026 can add delays for some countries. Can my spouse get a green card after entering without inspection? Usually not from inside the U.S., unless an exception like section 245(i) applies. The common route is consular processing with an I-601A waiver approved before leaving. Some histories, such as a reentry after a removal order, can block that route. See our page on legal status for undocumented people. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different. To talk about yours, call (703) 385-6868 or request a consultation. ## Sources - USCIS: Green Card for Immediate Relatives of U.S. Citizen - USCIS: Adjustment of Status - USCIS: Consular Processing - USCIS Policy Memorandum PM-602-0199: Adjustment of Status and Discretion (May 21, 2026) - USCIS Policy Manual, Vol. 7, Part A, Chapter 5: Interview Guidelines - USCIS: Field Offices and office locator - USCIS: Form I-864, Affidavit of Support - USCIS: Form I-751, Petition to Remove Conditions on Residence - USCIS: Update on Strengthened Screening and Vetting - Federal Register: Proclamation 10998 (Dec. 19, 2025) Last reviewed October 23, 2026 ## Related situations - I'm undocumented A plain guide to the main paths to legal status: the I-601A waiver, 245(i), cancellation of removal, the U visa, VAWA and asylum. - I'm divorcing on a 2-year green card What divorce means for a two-year green card, how the I-751 waiver works, and how one firm can handle both the divorce and the immigration case. - My immigration application was denied What to do after a green card, family petition or citizenship denial: motions, appeals, refiling and the deadlines that apply. Contact First Point Law Group ## Let’s start witha conversation. Big decisions deserve personal attention. Tell us what kind of legal guidance you’re looking for, and let’s discuss the next step. Personal guidance. Clear next steps. ### We’re here tolisten first. Whether you’re planning your family’s future or facing a difficult legal issue, start by speaking with our team. [Call our office**(703) 385-6868**](tel:+17033856868) [Visit us in Fairfax**10521 Judicial Drive, Suite 300***Fairfax, VA 22030*](https://www.google.com/maps/search/?api=1&query=First+Point+Law+Group+10521+Judicial+Dr+Suite+300+Fairfax+VA+22030) [Send an email**info@firstpointlaw.com**](mailto:info@firstpointlaw.com) **First Point Law Group** · Fairfax, Virginia