Marriage-Based Immigration
Marriage-Based Immigration: How U.S. Citizens and Green Card Holders Can Bring Their Spouse to the United States
Are you a U.S. citizen or lawful permanent resident (green card holder) married to a foreign national? If you are seeking to unite your family and build your life together in the United States, marriage-based immigration is the primary legal pathway to help your spouse obtain lawful status and, ultimately, permanent residency.
Below, our immigration attorneys at LL Law Firm in Roseville, California, explain the process, eligibility, and key considerations for marriage-based green cards, in compliance with current USCIS policy.
Who Is Eligible for Marriage-Based Immigration?
Marriage-based immigration is available to:
- U.S. citizens married to foreign nationals (spouses living in the U.S. or abroad)
- Lawful permanent residents (green card holders) married to foreign nationals
The marriage must be legally valid and bona fide (genuine), not entered into solely for immigration benefits.
The Marriage-Based Green Card Process
1. Petition Filing (Form I-130)
The process begins when the U.S. citizen or green card holder files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the qualifying relationship.
2. Adjustment of Status or Consular Processing
- If the foreign spouse is in the U.S. and eligible, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card without leaving the country.
- If the foreign spouse is outside the U.S., they will complete consular processing at a U.S. embassy or consulate in their home country after I-130 approval.
3. Conditional Residence for Recent Marriages
If your marriage is less than two years old at the time the green card is granted, your spouse will receive conditional permanent resident status. You must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the two-year anniversary of receiving the green card.
Key Points and USCIS Requirements
- Proof of a Genuine Marriage: USCIS requires substantial evidence that your marriage is real. This may include joint financial records, photos, correspondence, and affidavits from friends and family.
- Interview Requirement: Most couples must attend an in-person interview with USCIS or a consular officer.
- Work and Travel Authorization: While the green card application is pending, your spouse may be eligible for work and travel permits (EAD and Advance Parole).
- Processing Times: Timelines vary based on the petitioner's status (U.S. citizen or green card holder), the spouse's location, and USCIS backlogs.
- Public Charge Rule: Applicants must show they will not become a public charge, typically by submitting Form I-864, Affidavit of Support.
Benefits of Marriage-Based Immigration
- Pathway to Lawful Permanent Residency (Green Card)
- Eligibility for U.S. Citizenship (after three years as a green card holder, if married to a U.S. citizen)
- Ability to Live, Work, and Travel Freely in the U.S.
- Family Unity
How LL Law Firm in Roseville, California, Can Help
Marriage-based Immigration is a life-changing process, but it can be complex and document-intensive. Our experienced attorneys provide:
- Comprehensive case assessment and eligibility review
- Preparation and filing of all required USCIS forms
- Guidance on gathering strong evidence of a bona fide marriage
- Interview preparation and representation
- Support with waivers, prior immigration issues, or complex cases
Contact LL Law Firm today to schedule a free 15-minute consultation and take the first step toward uniting your family in the United States.