Green Card Through Marriage

Obtaining a green card through marriage in the United States involves a multi-step process that allows a foreign national spouse of a U.S. citizen or lawful permanent resident (green card holder) to become a lawful permanent resident themselves. This process is often referred to as “adjustment of status” if the foreign national spouse is already in the U.S. or “consular processing” if they are outside the U.S.

Here is an overview of the process for obtaining a green card through marriage:

1. Eligibility: The foreign national spouse must be legally married to a U.S. citizen or green card holder. Additionally, the marriage must be bona fide and not entered for the purpose of evading immigration laws.
2. Petition (Form I-130): The U.S. citizen or green card holder spouse files a family-based immigrant petition (Form I-130) with the U.S. Citizenship and Immigration Services (USCIS) to establish the relationship between the petitioner and the foreign national spouse.
3. Processing of Form I-130: After the I-130 petition is filed, it is processed by USCIS. If the petition is approved, it confirms the legitimacy of the marital relationship and establishes the eligibility of the foreign national spouse to apply for a green card.
4. Applying for Adjustment of Status or Consular Processing:
   • Adjustment of Status (if in the U.S.): If the foreign national spouse is already in the U.S., they can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this application, they may also need to file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) if they wish to work or travel while the green card application is pending. For an adjustment case based on marriage and sponsor is required, additional forms need to be submitted as required by USCIS.
   • Consular Processing (if outside the U.S.): If the foreign national spouse is outside the U.S., they may need to go through consular processing. This involves attending an interview at a U.S. consulate in their home country, where they present required documents and undergo medical and security checks.
5. Attend Biometrics Appointment: As part of the adjustment of status process, the foreign national spouse will need to attend a biometrics appointment to provide fingerprints, photographs, and other biographical information.
6. Attend Green Card Interview: For both adjustment of status and consular processing, the foreign national spouse and, in some cases, the U.S. citizen or green card holder spouse, may need to attend an interview with USCIS to discuss their relationship and provide additional evidence of the bona fide nature of their marriage. USCIS may waive the interview in some cases up to their discretion. Our representation includes a mock interview in preparation of the marriage interview. Preparation is a very important part of this process!
7. Issuance of Green Card: For adjustment of status cases, the foreign national spouse will receive their green card by mail. For consular processing cases, the spouse will receive an immigrant visa in their passport, which allows them to enter the U.S. as a lawful permanent resident.

It is important to note that the process and requirements may vary based on individual circumstances, changes in immigration policies, and updates to forms and procedures. Consulting the official USCIS website or seeking advice from immigration professionals can provide the most up-to-date and accurate information.

Our team of lawyers possesses extensive expertise in assisting couples throughout their adjustment of status procedures. Our services encompass personalized attention, where we engage with our clients to understand their personal goals and story. We strategically formulate a preliminary list of necessary evidence tailored to each unique couple’s situation, while also confirming the beneficiary’s admission prerequisites.