Marriage-Based Green Cards
Marriage to a U.S. citizen or lawful permanent resident is one of the most common paths to obtaining a green card. However, the process requires careful documentation and attention to detail.
Two Pathways
Spouse of U.S. Citizen
- Considered an "immediate relative"
- No annual visa limits
- Faster processing times
Spouse of Green Card Holder
- Falls under preference category
- Subject to annual visa limits
- Longer wait times
The Process
Step 1: File Form I-130
The U.S. citizen or permanent resident spouse files a petition to establish the marital relationship.
Step 2: Adjustment of Status or Consular Processing
- In the U.S.: File Form I-485 to adjust status
- Abroad: Process through a U.S. consulate
Step 3: Attend Interview
Both spouses attend an interview to verify the marriage is genuine.
Step 4: Receive Green Card
- If married less than 2 years: Receive conditional 2-year green card
- If married 2+ years: Receive 10-year green card
Conditional Green Card
If you've been married less than 2 years when your green card is approved, you'll receive a conditional green card valid for 2 years. Before it expires, you must file Form I-751 to remove conditions.
Proving a Bona Fide Marriage
USCIS will look for evidence that your marriage is genuine:
- Joint bank accounts
- Joint lease or mortgage
- Joint insurance policies
- Photos together over time
- Birth certificates of children
- Affidavits from friends and family
Timeline
- Spouse of U.S. Citizen (in U.S.): 12-18 months
- Spouse of U.S. Citizen (abroad): 10-14 months
- Spouse of Green Card Holder: 2-3+ years
Contact Us
Marriage-based immigration cases require thorough preparation. Contact The Correa Firm for guidance through this important process.