A marriage-based green card provides lawful permanent resident status to an eligible foreign national based on marriage to a U.S. citizen or lawful permanent resident. The process generally begins with Form I-130, Petition for Alien Relative, which is used to establish the qualifying marital relationship. Approval of the I-130 alone does not grant permanent residence. The foreign spouse must also complete the appropriate green card process and establish eligibility for admission or adjustment of status.
Spouses of U.S. citizens are classified as immediate relatives under U.S. immigration law. Immigrant visas are immediately available in this category, meaning they are not subject to the annual numerical limits that apply to family preference categories. An otherwise eligible spouse who is already in the United States may sometimes file Form I-130 and Form I-485 together.
Spouses of lawful permanent residents generally fall within a family preference category. Unlike immediate relatives of U.S. citizens, visa availability can affect when the foreign spouse is permitted to move forward with adjustment of status or immigrant visa processing. Applicants may therefore need to follow the Department of State Visa Bulletin and wait until a visa is available for their priority date.
For spouses already in the United States, adjustment of status may allow an eligible applicant to obtain permanent residence without leaving the country. Eligibility depends on factors including the manner of entry, visa availability, immigration history, and whether any grounds of inadmissibility apply. In many cases, the applicant must have been inspected and admitted or paroled into the United States, although exceptions may apply in certain circumstances.
When the foreign spouse is living outside the United States, the case generally proceeds through consular processing after the family petition is approved. The case may then move through the National Visa Center before an immigrant visa interview is scheduled at the appropriate U.S. embassy or consulate. Accurate information about whether the beneficiary will adjust status or use consular processing is important because incorrect routing information can cause additional delays.
Marriage-based applicants should be prepared to demonstrate that their marriage was entered into in good faith rather than primarily to obtain an immigration benefit. Supporting evidence can vary from couple to couple and may include shared financial records, joint residence documentation, photographs, travel records, insurance policies, correspondence, and other evidence showing the development and continuation of the relationship. Cases involving previous marriages, periods of separation, limited joint documentation, or unusual circumstances may require additional explanation and evidence.
If permanent residence is granted when the marriage is less than two years old, the foreign spouse generally receives conditional permanent resident status. The couple will later need to address the removal of those conditions so the foreign spouse can obtain permanent resident status without the two-year condition. Planning for this requirement early can help couples maintain useful records of their shared life throughout the conditional residence period.
Marriage-based green card cases can become more complicated when there is unlawful presence, unauthorized employment, a prior removal order, criminal history, previous visa problems, allegations of fraud or misrepresentation, or another potential ground of inadmissibility. Rebecca Black Law, P.A. helps couples identify these concerns early and determine whether adjustment of status, consular processing, a waiver, or another immigration strategy may be appropriate.