Green Card Through Marriage

Green card immigration through marriage involves a multi-step process. It allows a foreign national spouse of a U.S. citizen or green card holder to become a lawful permanent resident. Attorneys often call this “adjustment of status” when the spouse is already in the U.S. They call it “consular processing” when the spouse is outside the U.S.

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

The Step-by-Step Process for Couples

1. Eligibility: The foreign national spouse must be legally married to a U.S. citizen or green card holder. This is the foundation of green card immigration through marriage. 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: USCIS processes the I-130 petition after the sponsoring spouse files it. Once USCIS approves the petition, it confirms the legitimacy of the marital relationship and establishes the foreign national spouse’s eligibility 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. They may also need to file Form I-765 for employment authorization and Form I-131 for a travel document if they wish to work or travel while the case is pending. If a joint sponsor is required for marriage-based cases, USCIS may require additional supporting forms.
   • 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 green card immigration 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 must attend an interview with USCIS. In some cases, the U.S. citizen or green card holder spouse must attend as well to discuss the relationship and provide evidence of a bona fide marriage. USCIS may waive this interview at its discretion. Our representation includes a mock interview to help you prepare, since 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.

Important Considerations for Your Case

Every green card immigration case is different. 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 has extensive experience guiding couples through the green card immigration process. We provide personalized attention, taking time to understand each client’s goals and story. We also prepare a tailored list of necessary evidence for each couple’s situation and confirm the beneficiary’s admission requirements.

Green Card Immigration and Other Ways We Can Help

Green card immigration through marriage is just one part of how Moreno Law Immigration helps clients build a future in the United States. We also assist clients with family immigration petitions for relatives, asylum immigration claims for those fleeing persecution. We also provide humanitarian immigration relief for individuals facing exceptional circumstances. If your case involves a combination of these issues, our attorneys can help you understand your options and next steps.