Family Immigration
Marriage-Based Green Card Attorney
A marriage-based green card gives the spouse of a U.S. citizen or lawful permanent resident permanent residence. The core requirements are a legally valid marriage, a genuine marital relationship entered into for reasons other than immigration benefits, and a spouse who is admissible to the United States.
The process differs significantly depending on whether the spouse is inside the United States, how they entered, and whether the petitioner is a citizen or a permanent resident.
What has to be proven
- A legally valid marriage under the law of the place where it occurred
- Termination of any prior marriages of either spouse
- A bona fide marital relationship, not one entered into for immigration purposes
- The petitioner's U.S. citizenship or permanent residence
- The beneficiary's admissibility, or an available waiver
- Financial support at the level required by the affidavit of support
Evidence of a bona fide marriage
Officers look for a shared life, documented over time rather than assembled the week before an interview. Joint financial and residential records generally carry more weight than photographs, though a broad record is better than a narrow one.
- Joint lease, mortgage or property records
- Joint bank accounts, insurance policies and beneficiary designations
- Tax returns filed jointly
- Correspondence addressed to both spouses at the same address
- Birth certificates of children of the marriage
- Travel records, photographs and affidavits from people who know the couple
Inside the U.S. versus abroad
A spouse who entered lawfully and is present in the United States may be able to file adjustment of status, often concurrently with the petition when married to a U.S. citizen. A spouse abroad, or one who cannot adjust, completes consular processing — and where unlawful presence exists, leaving the country can trigger a bar that requires a waiver.
The interview
Most marriage cases include an interview. Both spouses usually attend when adjusting status inside the United States. Questions cover the relationship history, the household, and the beneficiary's immigration and criminal history. Preparation is about being accurate and consistent, not about memorizing answers.
Conditional residence and removing conditions
When permanent residence is granted less than two years after the marriage, it is conditional and valid for two years. The couple must file jointly to remove the conditions within the filing window before it expires. Where the marriage has ended or there has been abuse, a waiver of the joint filing requirement may be available.
Common problems in spousal cases
- Unlawful entry or unlawful presence affecting eligibility to adjust
- Prior marriages not legally terminated
- Arrest history not disclosed or not analyzed
- Prior visa denials or findings of misrepresentation
- Income below the required support threshold with no joint sponsor
- Missing the window to remove conditional residence
Frequently asked questions
Can we file the petition and green card application together?
Spouses of U.S. citizens who are eligible to adjust status may often file both together. Spouses of permanent residents generally must wait for visa availability.
Can my spouse work while the case is pending?
An application for employment authorization can generally be filed with an adjustment of status application. Timing depends on government processing.
Do we both have to attend the interview?
In adjustment of status cases based on marriage, both spouses are typically required to attend.
What if we are separated when it is time to remove conditions?
There are waivers of the joint filing requirement, including for marriages entered in good faith that later ended and for cases involving battery or extreme cruelty.
Does a marriage green card require living together?
Living together is strong evidence of a shared life, but the legal test is whether the marriage is bona fide. Genuine reasons for living apart can be explained and documented.
What if my spouse entered the U.S. without inspection?
That fact can prevent adjustment of status and can trigger bars on returning after departure. This situation needs legal analysis before anyone files or travels.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
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