Trusted immigration legal services for families, couples, and professionals seeking permanent residency in the United States.
Marriage-Based Green Card
Helping Couples Build Their Future Together in the United States
We assist U.S. citizens, permanent residents, and their spouses throughout the entire marriage-based green card process. If you’re seeking permanent residency in the United States through marriage, we help you understand every step clearly, avoid delays, and effectively present your relationship.
What Is a Marriage-Based Green Card?
A marriage-based green card allows the foreign spouse of a U.S. citizen or lawful permanent resident to become a permanent resident of the United States.
It provides the ability to live in the United States permanently, work legally without a separate work visa, and eventually apply for U.S. citizenship.
However, approval is not automatic. USCIS requires proof that the marriage is genuine and reviews each couple’s history, relationship evidence, forms, and interview answers before granting a green card. A marriage green card lawyer can help ensure that everything is presented clearly and properly from the beginning.
Who Qualifies for a Marriage-Based Green Card?
You may qualify if:
- You are legally married and your marriage is valid where it occurred.
- Your spouse is a U.S. citizen or lawful permanent resident.
- Your marriage is genuine and not solely for immigration purposes.
- You meet the admissibility requirements of U.S. immigration law.
If any part of your history raises questions, we identify what options exist and explain them clearly.
Two Main Paths: Adjustment of Status and Consular Processing
Adjustment of Status (Inside the United States)
This option is for applicants who are already in the United States.
- You remain in the United States throughout the process.
- You may apply for a work permit and a travel permit.
- Your interview takes place at a local USCIS office.
This is often the preferred option for spouses of U.S. citizens who entered the United States legally.
For a fuller explanation of how this path works, including timelines and required forms, you may find our detailed guide on adjustment of status helpful.
Consular Processing (Outside the United States)
This option applies if the foreign spouse is living abroad.
- The National Visa Center manages part of the process.
- You attend an interview at a U.S. embassy or consulate.
- You receive the immigrant visa before entering the United States.
Consular processing works well for couples living outside the United States or maintaining a long-distance marriage.
If you want a deeper breakdown of how consular processing works from start to finish, our full consular processing overview provides additional clarity
Step-by-Step Process for a Marriage-Based Green Card
- Case Evaluation and Strategy – We review your relationship history, immigration background, prior marriages, travel history, and any red flags. This allows us to recommend the safest and fastest filing strategy.
- Collecting and Organizing Evidence – We help you gather the documents needed to show your marriage is real. This may include photos, joint financial records, shared accounts, communication records, travel itineraries, and statements from friends or family. A clear, consistent evidence package is one of the most important parts of the application.
- Preparing and Filing the Required Forms – The specific forms depend on which path you use.
- Biometric Appointment – The foreign spouse completes fingerprinting for background checks.
- Work and Travel Permits (If Eligible) – Adjustment of Status applicants may receive permission to work and travel while waiting for the green card.
- Interview Preparation – We prepare both spouses for the interview by reviewing common questions, discussing what the officer may look for, and helping you understand how to present your relationship clearly and confidently.
- Marriage Interview at USCIS or U.S. Embassy – During the interview, an officer reviews your relationship and evidence. Depending on the case, the officer may interview both spouses together or separately. We prepare you thoroughly for this stage.
- Approval and Green Card Issuance – Once approved, the foreign spouse receives either a two-year conditional green card (if the marriage is less than two years old) or a ten-year permanent green card (if the marriage is at least two years old).
How We Assist You Throughout the Process
We provide complete guidance from start to finish. This includes:
- Identifying the correct immigration path
- Explaining eligibility clearly
- Organizing and strengthening your evidence
- Preparing and filing all USCIS forms
- Addressing missing documents or complications
- Preparing you for the interview
- Responding to Requests for Evidence
- Tracking your case and communicating with USCIS when needed
Our focus is on helping couples avoid delays, prevent unnecessary requests from USCIS, and present a strong and well-documented application.
Common Issues We Help Resolve
Some couples face challenges that require careful preparation. These may include:
- Long-distance relationships
- Large age differences
- Limited joint documents
- Visa overstays
- Entry without inspection
- Prior marriage history
- Income concerns for the Affidavit of Support
- Interview anxiety
- Missing records or foreign documents
We address each of these situations with a clear strategy based on your specific circumstances.
Processing Times
Processing times vary depending on where you file, the officer reviewing your case, and the government’s workload. Average timelines include:
- Adjustment of Status: 10 to 24 months
- Consular Processing: 12 to 20 months
During your consultation, we provide a personalized timeline based on your situation and current government data. You can also review official processing time updates using the USCIS Processing Times Tool on the USCIS website.
Required Documents
From the U.S. Citizen or Permanent Resident Spouse
- Passport, birth certificate, or green card
- Tax returns and W-2s
- Employment letters
- Evidence of financial ability for the Affidavit of Support
- Joint bank statements or other shared financial documents
From the Foreign Spouse
- Passport
- Birth certificate
- I-94 entry or admission record (if in the United States)
- Marriage and divorce records, if applicable
- Police certificates, if required for consular processing
Shared Relationship Evidence
- Photos together
- Joint leases or utilities
- Insurance policies
- Messages, calls, emails, and communication history
- Travel records
- Affidavits from friends or family
We create a customized list tailored to your relationship and your path (Adjustment of status or Consular processing).
Why Choose Us
Couples often work with us because they need clarity, careful documentation, and steady guidance throughout the process. We take time to explain every step so you always understand what is happening and why. Our experience with marriage-based green cards allows us to handle both straightforward and complex cases with care and precision.
Having an experienced immigration attorney makes a meaningful difference, especially when documentation is limited or your background requires careful review.
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Frequently Asked Marriage Green Card Questions
Can I work while waiting for my green card?
If you file inside the United States, you can apply for a work permit.
Can I travel during the process?
Travel is not allowed until you receive advance parole, unless you are filing through consular processing.
Do we need many joint financial documents?
Not always. Many couples qualify with alternative types of evidence.
Does marrying a U.S. citizen guarantee approval?
No. USCIS still requires an application, evidence, and an interview.
What if I entered the United States with a visa and overstayed?
You can still qualify. Other evidence such as photos, messages, travel records, or affidavits can support your relationship.
What happens if we don’t have many joint documents?
Some issues can be resolved, especially for spouses of U.S. citizens. More serious problems may require additional steps or waivers. A review of the history determines the best approach.
Can my spouse’s past immigration mistakes affect the application?
Your current visa or immigration status can determine whether you qualify for Adjustment of Status or must complete Consular Processing. While some statuses allow you to remain in the U.S. during your application, others have specific restrictions and may require careful planning to avoid interruptions to your stay.
This information is for general educational purposes only and is not legal advice. Reading this page does not create an attorney–client relationship. Immigration laws change frequently, and your situation may require personalized guidance.
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