How It Works · Updated 2026
From an E-3 Work Visa to a Marriage Green Card
If you came to the U.S. from Australia on an E-3 work visa and married a U.S. citizen, here is how you can get a green card, and what to know about timing.
In short
Yes, this is usually possible. The E-3 is a work visa only for Australian citizens, and an Australian who marries a U.S. citizen can normally apply for a green card from inside the U.S. without leaving. (You may see this called “adjustment of status” on official websites. It just means getting your green card without going back to your home country.) The thing to understand is timing: because the E-3 expects you to plan to go home when your work ends, marrying and applying very soon after you arrive can lead to more questions. Most cases take 8 to 14 months from filing to green card and cost about $2,955 to $3,005 in government fees for one person if you also get the optional work and travel permits; about $2,065 without them.
This is general information to help you understand your options, not legal advice.
The short version
| Who is the E-3 visa for? | Only citizens of Australia who have a professional job in the U.S. that normally needs a college degree. No other country can use it. If you are not Australian, this page does not apply to you. |
| Can you get a green card without leaving the U.S.? | Usually yes, if you married a U.S. citizen. You apply from inside the country by filing the green card application (Form I-485). The notes below about timing and travel are worth reading first. |
| Does it matter that the E-3 expects you to leave? | Yes. The E-3 is not a 'stay forever' kind of visa. You are supposed to plan to go home when your work ends. So if you marry and apply for a green card very soon after arriving, an officer may ask more questions about what you were planning. It is not a block, but it is something to be ready to explain. |
| Does it matter if your spouse is a citizen or a green card holder? | Yes, a lot. If your spouse is a U.S. citizen, you can usually apply from inside the U.S., even if your permission to be here already ended. If your spouse only has a green card, there is a waiting list and the case often has to be finished at a U.S. embassy abroad. |
| Will marrying soon after you arrived cause problems? | It can lead to more questions about whether you planned to stay before you came. For the spouse of a U.S. citizen, that alone is usually not a reason to be denied. Lying to an officer is a separate and much more serious problem. |
| Can you keep using the E-3 once you file? | Often not easily. After you file for a green card, leaving the U.S. or renewing the E-3 gets tricky, because the E-3 expects you to plan to leave and your filing shows you plan to stay. Many people get a travel permit with the green card and rely on that instead. |
| What does it cost? | About $2,955 to $3,005 in government fees for one person, plus a separate medical exam fee you pay to a doctor. That includes the optional work and travel permits. |
| How long does it take? | Usually 8 to 14 months from filing to green card. |
Fees are current as of 2026 (source: the USCIS fee schedule). Always check uscis.gov before you file. The 8 to 14 months is a typical range (source: USCIS processing times).
Why timing matters on an E-3
When you got your E-3 visa, you told the U.S. government that you planned to work for a while and then return to Australia. The E-3 is not a “stay forever” visa, so you are expected to keep planning to leave, and you have to show that plan again each time you renew it. So when someone on an E-3 marries a U.S. citizen and applies for a green card, officers sometimes look at how soon it happened and ask whether you really planned to leave. The good news: when you are married to a U.S. citizen, simply having changed your mind is usually not a reason to be turned down.
Two things people mix up
Changing your mind is okay. Plans change. Maybe you came to study and then fell in love. Simply having thought about staying is usually not a problem on its own when you are married to a U.S. citizen.
Lying is not okay. What does cause serious trouble is telling an officer something untrue, for example saying you were only visiting when you had already decided to move here for good. Marrying a U.S. citizen does not erase that.
When you received a temporary visa, like a student or visitor visa, you told the U.S. government you planned to leave when your stay ended. If you marry a U.S. citizen and start your green card very soon after you arrive (within about 90 days), an officer might wonder whether you were honest about that plan when you came in. People call this the “90-day rule.” It is a guideline that the U.S. State Department (the part of the government that runs U.S. embassies abroad) gives to the officers who work at those embassies. It is a question you can answer with proof, not an automatic no. The agency that handles green cards filed inside the U.S. (USCIS) dropped its own version of this rule in 2021. It still looks at how quickly you filed, but only as one piece of the whole picture.
What happens to my E-3 once I file for the green card?
This is the part that catches people on an E-3. Once you file for a green card, you are telling the government you plan to stay for good. That does not fit well with the E-3, which expects you to plan to leave. So after you file, it can be hard to renew your E-3 or to come back into the country on it, because a new entry on the E-3 means showing again that you plan to leave. There is also a separate trap with travel: leaving the U.S. while your green card is being processed can cancel it unless you first get a travel permit (sometimes called advance parole). Because of all this, many people stop leaning on the E-3 once they file, get a work permit and a travel permit with the green card, and use those to keep working and traveling while they wait. It is smart to plan the dates carefully rather than assume the E-3 will keep working as normal after you file.
Does it matter if your spouse is a citizen or a green card holder?
Yes, a lot. This is the biggest thing that decides whether you can get your green card without leaving the country.
If you married a U.S. citizen
You are in the group with the fewest restrictions (the law calls it an “immediate relative”). Even if you stayed past your allowed time or worked without permission, you can usually still apply for your green card from inside the U.S. without leaving. This is the most common and most straightforward path.
If you married a green card holder
If you married a U.S. citizen, you can usually finish the whole process inside the United States. If you married someone who has a green card but is not a citizen yet, the rules are stricter for two reasons. First, there is a waiting list for spouses of green card holders, so a spot may not be open right away. Second, if you stayed longer than allowed or worked without permission, you usually cannot fix that from inside the U.S. the way a citizen's spouse can. Because of those two things, many people married to a green card holder finish their case at a U.S. embassy in their home country instead.
Three common situations
These show how many questions you might get, not whether you can get a green card. Being married to a U.S. citizen, you are not blocked just because you changed your plans.
You married well into your time on the E-3
You met your spouse after settling into your job, dated for a while, and applied months or years after you first arrived. This is the simplest situation and raises the fewest questions.
You married not long after a recent trip
You married soon after coming back from a trip abroad on your E-3. Be ready to show your relationship grew naturally and that you were honest at the border.
You married within weeks of arriving
Marrying and applying within about 90 days of a new entry brings the most questions about what you planned when you came. For a U.S. citizen's spouse it is still not an automatic no, but good documents matter most here.
The forms and what they cost
These are the government fees you pay to USCIS (the agency that handles green cards). They are separate from anything you might pay a service or a lawyer.
| What it is for | Form name | Fee |
|---|---|---|
| Starts the case and proves the marriage | Form I-130 | $625 online / $675 paper |
| Extra info about the immigrant spouse | Form I-130A | No separate fee |
| The actual green card application | Form I-485 | $1,440 |
| Promise to financially support the spouse | Form I-864 | No separate fee |
| Work permit (optional, filed with the green card) | Form I-765 | $260 |
| Travel permit (optional, filed with the green card) | Form I-131 | $630 |
| Medical exam (paid to the doctor, not USCIS) | Form I-693 | $200–$500 typical |
Altogether that is about $2,955 to $3,005 in government fees for one person if you also get the optional work and travel permits; about $2,065 without them. The work permit and travel permit are optional. Many people file them so they can work and travel while they wait, but you do not have to. Fees are current as of 2026 (source: the USCIS fee schedule). Always check uscis.gov before you file.
What proof helps your case
Show that you live as a couple
- A lease, mortgage, or home you share
- Bank accounts or credit cards in both names
- Each other listed on insurance or other benefits
- Mail sent to both of you at the same address
Show the relationship is real and grew over time
- Photos together across your whole relationship
- Messages and call history from before the wedding
- Trips you took together
- Short letters from people who know you as a couple
When it is worth talking to a lawyer
Most couples with a straightforward situation file on their own. It is worth getting advice from an immigration attorney if any of these are true:
- You knew your spouse and planned to be together before you arrived, and you married very soon after entering.
- You need to renew your E-3 or travel abroad soon, and you are not sure how filing for a green card affects that. The timing of these steps is easy to get wrong.
- There was a time when you no longer had legal permission to be in the U.S., for example if your E-3 job ended and you did not have new permission to stay.
- You were ever ordered to leave the U.S., were found to have lied to immigration, have a criminal record, or were refused a visa before.
- You entered without being checked in at the border, or your spouse is a green card holder.
A note about 2026
In 2026, the rules got a little stricter. A U.S. government policy update (a May 2026 USCIS memo) reminded officers that getting a green card from inside the country is a decision they make case by case, and that they should look at whether you followed the rules of your visa. People who arrived as students, visitors, or on a few other temporary visas may get more questions about what they planned when they first came. Honest, well-prepared cases for spouses of U.S. citizens are still approved all the time. It just helps to be ready to explain your story and back it up with documents.
On a different visa? Other visas have their own rules. The E-3 is only for Australian citizens, so this page does not fit other work visas. If you are on a student visa, see our guide for student visas. If you came as a tourist, see our guide for tourist visas. Do not assume this E-3 page applies to a different visa.
Common questions
Can I get a green card if I am an Australian on an E-3 visa and married a U.S. citizen?
Usually yes. An Australian on an E-3 work visa who marries a U.S. citizen can normally apply for a green card from inside the U.S. without leaving. Because you are married to a citizen, you are in the group with the fewest restrictions, so even a lapse in your status or some unauthorized work is usually forgiven.
What is the E-3 visa, and who can use it?
The E-3 is a temporary work visa only for citizens of Australia who have a job in a specialty occupation, which means a professional job that normally needs at least a bachelor's degree in that field. No other country can use it. If you are not Australian, this visa does not apply to you.
Does the timing of my marriage matter?
It can. The E-3 is not a 'dual intent' visa, which means you are expected to plan to leave the U.S. when your work ends. So if you marry a U.S. citizen and apply for a green card very soon after arriving, an officer may ask more questions about whether you had already planned to stay from the moment you came in. For the spouse of a U.S. citizen, that alone is usually not a reason to be denied. The serious problem is lying to an officer, which is different from simply changing your mind. Many people wait until at least 90 days after their most recent entry before filing.
What does 'not dual intent' mean for me?
Some work visas let you plan to stay forever (that is called 'dual intent'). The E-3 is not one of them. You are expected to intend to leave when your work ends, and you have to show that intent each time you renew the E-3. So if you have already filed for a green card, it can be hard to renew the E-3 or to re-enter the U.S. on it, because that filing shows you plan to stay. This is one reason many people lean on the green card process itself once they have started it, rather than trying to keep the E-3 going.
Can I still travel or renew my E-3 after I file for the green card?
Be careful here. Once your green card application is filed, leaving the U.S. without a travel permit can cancel it. And because the E-3 expects you to intend to leave, a renewal or a new entry on the E-3 can run into trouble after you have shown you plan to stay. Many people apply for a travel permit (sometimes called advance parole) with the green card and use that to travel, instead of relying on the E-3.
Do I have to leave the U.S. to get the green card?
If your spouse is a U.S. citizen, no. You apply and finish everything from inside the U.S. If your spouse has a green card but is not a citizen yet, the case usually has to be finished at a U.S. embassy in your home country after a waiting period.
What if my spouse has a green card instead of citizenship?
Then the rules are stricter. There is a waiting list for spouses of green card holders, and if your permission to be in the U.S. already ended you usually cannot fix that from inside the country. Many people in this situation finish their case at a U.S. embassy in their home country instead.
How much does it cost and how long does it take?
The government fees are about $2,955 to $3,005 for one person, plus a separate medical exam fee you pay to a doctor. That includes the optional work and travel permits. Most cases take 8 to 14 months.
The main things to remember
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The E-3 is a work visa only for Australian citizens in a professional job. If you married a U.S. citizen, you can usually apply for your green card from inside the U.S., even if your permission to be here already ended.
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The E-3 expects you to plan to leave, so the timing of your marriage gets a closer look than it would for some other work visas.
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Marrying soon after arriving can bring more questions, but for a U.S. citizen's spouse that alone is usually not a reason to be denied. Being untruthful with an officer is the real danger.
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Once you file for the green card, the E-3 gets hard to renew or re-enter on, because your filing shows you plan to stay. Many people get a travel permit and rely on the green card process instead.
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Government fees are about $2,955 to $3,005 for one person, and the process usually takes 8 to 14 months.
This article is general information to help you understand the process. It is not legal advice. Immigration rules and fees change often, so check the official USCIS website (uscis.gov) before you file, and talk to a licensed immigration attorney about your own situation. Information is current as of 2026.
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