Immigrant Visa
Marriage Green Card — US Citizen Spouse
The most direct permanent green-card route — when done right. Married to a US citizen: no cap, no queue, priority date always CURRENT. 10–13 months on average with proper filing.
Two paths: in the US vs abroad
Path 1 — Adjustment of Status (in the US). For those already in the US legally (valid tourist stamp, valid visa, etc.). Forms: I-130 (petition) + I-485 (adjustment) filed concurrently. Includes I-765 (work authorization) + I-131 (advance parole) at no added cost since April 2024. Timeline: 10–13 months to green card. Advantage: you stay in the US throughout. Path 2 — Consular Processing (abroad). For those in Brazil. Forms: I-130 → NVC (National Visa Center) → interview at the consulate (São Paulo, Rio, Brasília, Recife, Porto Alegre). Timeline: 12–16 months typical. End: you enter the US with an immigrant visa and become a green-card holder on arrival.
Cost
| Item | Amount |
|---|---|
| I-130 (online) | $625 |
| I-130 (paper) | $675 |
| I-485 (adjustment of status) | $1,440 |
| I-765 (EAD) | $260 (concurrent with I-485) |
| I-131 (advance parole) | $630 |
| Medical exam (civil surgeon) | $200–500 |
| Pinho Law fees (full AOS) | $3,500–5,500 |
| Pinho Law fees (consular processing) | $4,000–6,500 |
The interview — where most cases are decided
USCIS interviews the couple in person. Questions range from operational ("how did you meet?") to intimate ("which side of the bed does she sleep on?"). In complex cases, USCIS runs separate interviews (Stokes interview) and compares answers. How we prepare: prep session reviewing 100+ typical questions; review of bona-fide evidence (joint accounts, joint lease, photos, travel, declarations); coaching for trap questions; attorney attendance at the interview.
Conditional vs permanent green card
If you married less than 2 years before the green card is approved, you receive a conditional green card (CR-1) valid for 2 years. 90 days before expiry, you file I-751 jointly to remove conditions. If married 2+ years, you receive a permanent green card (IR-1) direct, valid for 10 years.
Accelerated naturalization
Married to a US citizen and holding green card for 3 years (vs 5 normally)? You qualify for accelerated naturalization via N-400. Cost: $710 (online) or $760 (paper).
Frequently asked questions
How long does the marriage green card take in 2026?
10–13 months average via adjustment of status (in US). 12–16 months via consular processing (abroad).
Can I work while waiting?
Yes. The EAD is filed with the I-485 and typically approved in 4–8 months, before the green card.
Can I travel while waiting?
Yes, with Advance Parole (Form I-131) filed with the I-485. Leaving the US without approved AP abandons your petition.
Does same-sex marriage qualify?
Yes. Since 2013 (Windsor), USCIS recognizes same-sex marriages equally for immigration purposes.
What counts as bona-fide marriage evidence?
Joint lease/deed, joint bank accounts, beneficiaries on insurance and 401(k), photos together over time, travel, sworn declarations from friends/family, shared children, mail to both at the same address.
What if we divorce before the permanent green card?
Conditional green-card cases + divorce may retain eligibility via I-751 waiver showing the marriage was bona fide. Pending I-485 cases are more delicate — case-by-case analysis.
Do I need to speak English for the interview?
No. USCIS provides an interpreter (you may bring your own — certified translator preferred). The naturalization interview (3–5 years later) requires basic English, with age-based exemptions.
Ready to Take the Next Step?
Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.