The couple is legally married.
White Plains, NYC
Marriage Green Card Lawyer in New York
Personalized legal guidance for married couples navigating marriage-based Green Card applications, adjustment of status, and consular processing.
Marriage Green Card
Marriage-Based Green Card Immigration Services
Marriage Green Card Lawyer in New York
If you are married to a U.S. citizen or lawful permanent resident, you may be eligible to obtain a marriage-based Green Card and live permanently in the United States.
The marriage Green Card process can involve petitions, supporting evidence, financial sponsorship, background checks, medical examinations, interviews, and—in some cases—consular processing or adjustment of status.
At E-Z Immigration, we help married couples understand their immigration options and navigate the Green Card process with careful preparation and personalized legal guidance.
Whether your spouse is already in the United States or living abroad, our team can help you understand which immigration process may apply to your situation.
Explore our Family Immigration Services or contact E-Z Immigration to discuss your case.
Marriage Green Card explained
What Is a Marriage Green Card?
A marriage Green Card allows an eligible foreign spouse to become a lawful permanent resident of the United States based on their marriage to a qualifying U.S. citizen or lawful permanent resident.
For a U.S. citizen sponsoring a spouse, the family-based immigration process generally begins with Form I-130, Petition for Alien Relative. Depending on where the foreign spouse is located and the circumstances of the case, the Green Card process may proceed through adjustment of status in the United States or immigrant visa processing through a U.S. embassy or consulate.
A marriage alone does not automatically provide immigration status. The appropriate immigration petition and application must be filed and approved.
Marriage Green Card Eligibility
Who Can Apply for a Marriage Green Card?
A marriage-based immigration case may be possible when:
The marriage is recognized as legally valid.
The petitioner is a U.S. citizen or qualifying lawful permanent resident.
The relationship is genuine and was not entered into primarily for immigration purposes.
The foreign spouse meets applicable immigration requirements.
Any required immigration forms and supporting documentation are properly prepared.
The foreign spouse is admissible to the United States or qualifies for an available waiver, when applicable.
U.S. citizens may petition for their spouse as an immediate relative. Lawful permanent residents may also petition for a spouse, although different visa availability rules can apply.
Because immigration eligibility can depend on your individual history, a case evaluation is recommended before filing.
Two immigration pathways
Marriage Green Card Process
The process depends largely on whether your spouse is inside or outside the United States.
Schedule a ConsultationSpouse Living in the United States
If your spouse is already in the United States and qualifies for adjustment of status, the process may involve filing:
- Form I-130 – Petition for Alien Relative
- Form I-485 – Application to Register Permanent Residence or Adjust Status
- Form I-864 – Affidavit of Support
- Other required forms and supporting evidence
For certain spouses of U.S. citizens who are eligible to adjust status, the I-130 and I-485 may be filed together.
Step 1: File the Marriage Petition
The U.S. citizen or permanent resident spouse files Form I-130 to establish the qualifying marital relationship.
Step 2: File for Adjustment of Status
If eligible, the foreign spouse can apply for permanent residence from within the United States using Form I-485.
Step 3: Submit Supporting Evidence
The couple may need to provide evidence of their marriage, identity, immigration history, financial sponsorship, and the genuine nature of their relationship.
Step 4: Biometrics and Background Checks
USCIS may require fingerprints, photographs, and other background checks during the process.
Step 5: Medical Examination
A required immigration medical examination may be part of the adjustment-of-status process.
Step 6: Marriage Green Card Interview
USCIS may schedule the couple for an interview. The officer may ask questions about the relationship, marriage, household, family, and other aspects of the couple's circumstances.
Step 7: Green Card Decision
If the application is approved, the foreign spouse may become a lawful permanent resident.
Spouse Living Outside the United States
If your spouse lives outside the United States, the case generally follows a consular processing route.
The U.S. citizen or permanent resident spouse generally begins by filing Form I-130 with USCIS. After approval and the appropriate processing steps, the case can proceed through the National Visa Center and the U.S. embassy or consulate handling the immigrant visa application.
Step 1: File Form I-130
The U.S. petitioner files the family-based immigrant petition with USCIS.
Step 2: USCIS Petition Review
USCIS reviews the petition and supporting evidence.
Step 3: National Visa Center Processing
After an approved petition is forwarded for immigrant visa processing, the National Visa Center coordinates additional documentation and processing requirements.
Step 4: Submit Required Documents
The foreign spouse may need to provide civil documents, financial documentation, police certificates where applicable, passport information, and other required records.
Step 5: Medical Examination
The applicant generally completes a medical examination with an authorized physician before the immigrant visa interview.
Step 6: Immigrant Visa Interview
The foreign spouse attends an interview at the applicable U.S. embassy or consulate.
Step 7: Enter the United States
If the immigrant visa is approved and the applicant is admitted to the United States, the spouse can become a lawful permanent resident under the applicable process.
Proving a Genuine Marriage
Marriage evidence
Proving a Genuine Marriage
One of the most important parts of a marriage Green Card case is demonstrating that the marriage is genuine.
Immigration authorities may examine the overall history and circumstances of the relationship.
Depending on your situation, useful evidence may include:
- Photos TogetherPhotos from vacations, family events, celebrations, holidays, and other important occasions.
- Communication RecordsMessages, emails, call records, and other communications that demonstrate the history of the relationship.
- Joint Financial RecordsExamples may include:
- Joint bank accounts
- Joint credit accounts
- Insurance policies
- Shared financial responsibilities
- Shared ResidenceEvidence of living together can include:
- Lease agreements
- Mortgage documents
- Utility bills
- Government records
- Family and Social EvidenceEvidence showing that family members and friends recognize and participate in the relationship can also be relevant.
- Other Marriage EvidenceDepending on your circumstances, additional evidence may include travel records, joint purchases, beneficiary designations, photographs, affidavits, and other documentation.
The strongest cases are not necessarily the ones with the largest number of documents. The evidence should be relevant, consistent, credible, and organized.
Preparing for your appointment
Marriage Green Card Interview
A Green Card interview can be an important part of the immigration process.
The immigration officer may ask questions about:
- How you met
- When your relationship began
- Your wedding
- Your daily life together
- Where you live
- Your family members
- Your work
- Your finances
- Your future plans
- Previous marriages
- Your immigration history
The questions can vary depending on the circumstances of the case.
Proper preparation can help ensure that your documentation is complete and that you understand the information submitted with your application.
Understanding your status
Conditional Green Card vs. Permanent Green Card
Some marriage-based Green Card cases can result in conditional permanent residence depending on how long the marriage has existed when permanent residence is granted.
Conditional residence is generally limited to two years. Eligible conditional residents must take the appropriate steps to remove the conditions before the conditional period expires.
If your Green Card is based on marriage and you are unsure whether you have conditional residence or what you need to do next, legal guidance can help you understand your options.
Family preference immigration
Marriage Green Card for a Spouse of a Green Card Holder
A lawful permanent resident may petition for a spouse to immigrate to the United States.
However, spouses of Green Card holders fall under a family preference category, so visa availability can affect the timeline and process.
If the petitioner later becomes a U.S. citizen, the immigration category may change, depending on the circumstances.
Because visa availability and eligibility rules can affect these cases, it is important to evaluate your situation individually.
K-1 Fiancé(e) Visa
Marriage Within 90 Days
Adjustment of Status
After your K-1 entry
Marriage Green Card After a K-1 Fiancé(e) Visa
If your spouse entered the United States using a K-1 fiancé(e) visa, the process is different from a spouse who entered through another visa category.
A K-1 entrant may generally apply for adjustment of status after marrying the U.S. citizen petitioner within 90 days of entry.
If you recently married your fiancé(e) after a K-1 entry, our team can help you understand the next steps toward permanent residence.
Potential case issues
Common Marriage Green Card Challenges
Although marriage-based immigration is common, individual cases can become complicated.
Potential issues can include:
- Previous marriages
- Divorce or annulment history
- Immigration violations
- Previous visa refusals
- Criminal history
- Fraud or misrepresentation concerns
- Unlawful presence
- Prior removal or deportation proceedings
- Inadmissibility issues
- Insufficient relationship evidence
- Inconsistent information in immigration filings
- Financial sponsorship concerns
- Complications involving children or other family members
If you have an unusual or complicated immigration history, it is especially important to have your circumstances reviewed before submitting an application.
Marriage Green Card guidance
Why choose E-Z Immigration?
Marriage Green Card Lawyer in New York
Choosing the right immigration strategy can make the process easier to understand and help you avoid preventable mistakes.
At E-Z Immigration, we assist individuals and families with family-based immigration matters, including marriage-based Green Card cases.
Our services can include:
- Marriage Green Card eligibility evaluation
- I-130 petition preparation
- Adjustment of status guidance
- Consular processing guidance
- Supporting-document preparation
- Relationship evidence review
- Immigration interview preparation
- Inadmissibility issue evaluation
- Guidance for complicated immigration histories
- Family immigration planning
For additional immigration services, visit our Immigration Lawyer Services in New York page.
Frequently asked questions
Frequently Asked Questions About Marriage Green Cards
Find answers to common questions about marriage-based Green Card cases.
Ask Our TeamHow does a marriage Green Card work?
A qualifying U.S. citizen or lawful permanent resident may petition for a foreign spouse through the family-based immigration process. The spouse may then pursue permanent residence through adjustment of status or consular processing, depending on eligibility and location.
Can my spouse get a Green Card if they are already in the United States?
Potentially. If your spouse is eligible for adjustment of status, they may be able to apply for permanent residence from within the United States. Certain spouses of U.S. citizens may be able to file the I-130 and I-485 together.
What if my spouse lives outside the United States?
The case will generally proceed through immigrant visa processing after the I-130 petition is approved and the case is transferred for consular processing.
Do we need to prove that our marriage is real?
Yes. A marriage-based immigration case requires evidence establishing the qualifying relationship and, where applicable, evidence that the marriage is genuine rather than entered into to obtain an immigration benefit.
Can a Green Card holder sponsor their spouse?
Yes. Lawful permanent residents can generally petition for their spouse, although spouses of permanent residents are subject to different visa availability rules than spouses of U.S. citizens.
Can I get a Green Card through marriage if I entered the U.S. on a K-1 visa?
Potentially. A K-1 entrant may apply for adjustment of status after marrying the U.S. citizen petitioner within 90 days of entry, subject to the applicable requirements.
What happens if my spouse has an immigration violation?
An immigration violation does not automatically mean that a marriage-based case is impossible. However, the specific violation, manner of entry, immigration history, and any applicable inadmissibility grounds must be carefully evaluated.
How long does a marriage Green Card take?
Processing times vary based on the type of case, whether the spouse is inside or outside the United States, USCIS processing, visa availability where applicable, consular processing, background checks, and other case-specific factors. No specific processing time can be guaranteed.
Take the next step
Start Your Marriage Green Card Process
Marriage and family are important reasons to build a life in the United States. The immigration process, however, can involve detailed requirements and significant documentation.
Whether your spouse is already in the United States or living abroad, E-Z Immigration can help you understand the available marriage-based immigration process and prepare for the next stage.
Immigration laws and procedures can change. This page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.