Short answer: three requirements, and in our experience most cases turn on the second and third. The marriage itself is rarely the problem. How you entered the United States, what happened to your status afterward, and whether your spouse's income clears the line are where cases separate. Here is each requirement, with the point where the answer changes.
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Requirement 1. A real, legally valid marriage
You must be married, legally, to a U.S. citizen or a permanent resident. USCIS looks at two things: the marriage certificate from the civil authority, and proof that every earlier marriage of either spouse ended in divorce, annulment, or death. A ceremony with no civil registration does not count. USCIS also asks whether the marriage is genuine rather than entered for immigration purposes, and the evidence of a shared life, such as a joint lease, joint accounts, and photos with family, is what answers that question.
Where it splits: how long you have been married does not matter for eligibility. It only decides whether the card is the two-year conditional kind, which needs a further filing before it expires, or the ten-year kind, measured on the day you become a permanent resident. A prior marriage that was never formally ended, on either side, does matter.
Requirement 2. A lawful way in
For a green card inside the United States, you must have been inspected and admitted or paroled when you entered, you must be here when you file, and a visa must be available to you. For the spouse of a U.S. citizen a visa is always available. For the spouse of a permanent resident, category F2A, it depends on the monthly Visa Bulletin and on which of its charts USCIS says to use that month.
Where it splits, twice. First, an entry without inspection generally closes this route unless an exception applies, such as a narrow, date-limited older provision of the law or a grant of parole inside the country. Second, status problems after a lawful entry, such as an overstay, a lapse in status, or work without permission, are bars that do not apply to the spouse of a U.S. citizen, but they generally do block the spouse of a permanent resident. Same facts, different outcome, depending on your spouse's status; other issues in the same history can still matter.
Requirement 3. Admissible, with a sponsor who meets the line
You must be admissible, meaning none of the grounds that bar people from a green card applies to you, or a waiver exists for that ground and is approved. The common ones in marriage cases, among others, are certain criminal records, immigration fraud or misrepresentation, and prior removal. USCIS also looks at whether you are likely to depend on certain public benefits; the rules on that change for applications postmarked or submitted online on or after September 18, 2026.
Your spouse must also sign a financial sponsorship promise and live in the United States, and the sponsoring household must show income of at least 125 percent of the poverty guideline for its size. For a household of two in the 48 contiguous states, that is $27,050 a year under the guidelines in effect since March 1, 2026; three people, $34,150; each additional person adds $7,100. A sponsor on active military duty petitioning for their own spouse uses the 100 percent line.
Where it splits: the sponsor's income is measured on the current year and the last tax return, and if it falls short, a joint sponsor or, in some cases, assets can close the gap. The applying spouse's own income counts only if it will continue from the same source after the green card.
What is not a requirement
- A minimum length of marriage.
- Children, or a shared last name.
- The applying spouse having a job or income of their own.
FAQ
My spouse's income is below the line. Is the case over? No. A joint sponsor who meets the line for their own household plus you can sign, and certain assets can be counted. In our experience the sponsorship form is the most common reason a marriage case gets a request for more evidence.
I overstayed my visa. Am I still eligible? If your spouse is a U.S. citizen and you entered lawfully, an overstay by itself does not bar the application filed inside the United States. If your spouse is a permanent resident, it generally does.
We married abroad. Does the marriage count? A marriage that is legally valid where it took place is generally recognized, with a certificate from that country's civil authority and an English translation.
General information only — not legal advice for your case. Prior results do not guarantee a similar outcome.
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