Love Across Borders: Understanding Marriage Immigration in the U.S.

Falling in love is universal, but when your partner lives in another country, the path to building a life together in the United States can be complex. Marriage-based immigration offers a legal route for foreign nationals to live permanently in the U.S. with their American spouses. Understanding how this process works, the required petitions, and the timeline can help couples avoid delays and ensure a smoother journey from engagement to green card.

Marriage-Based Immigration: The Basics

A U.S. citizen or lawful permanent resident (green card holder) can sponsor their foreign spouse for permanent residence. This process establishes that the marriage is genuine and not solely for immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) carefully reviews every case to ensure legitimacy, so providing thorough evidence and following proper procedures is essential.

Spouse of a U.S. Citizen vs. Spouse of a Permanent Resident

There are key differences between marrying a U.S. citizen and marrying a green card holder. A U.S. citizen’s spouse is considered an “immediate relative,” which means there’s no waiting period for a visa number, making the process faster. Spouses of green card holders fall under the “family preference” category and may face longer wait times before receiving a visa due to annual limits.

The Process for Applying for a Marriage Green Card

If the foreign spouse is already in the U.S. and was lawfully admitted or paroled, they can typically apply for adjustment of status while the U.S. spouse submits a Petition for Alien Relative. If the spouse lives abroad, the case is handled through consular processing. Once approved, the spouse receives an immigrant visa to enter the U.S. as a permanent resident. The couple will later attend an interview to verify the authenticity of the marriage.

Conditional vs. Permanent Green Cards

If your marriage is less than two years old when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you must file a Petition to Remove Conditions on Residence, to prove that your marriage is still genuine. After approval, the foreign spouse becomes a lawful permanent resident with a 10-year green card.

Proving a Bona Fide Marriage

USCIS places great emphasis on proving the authenticity of the marriage. Couples should provide documentation such as joint bank accounts, leases, utility bills, photos together, travel records, affidavits from friends and family, and proof of communication. During the interview, officers may ask detailed questions about your relationship, daily routines, and future plans to ensure your marriage is legitimate.

Common Challenges and Delays

Even honest couples can face complications. Missing paperwork, incomplete evidence, or inconsistent answers during interviews can lead to delays or denials. In some cases, a second interview, known as a “Stokes interview”, may be required. Hiring an experienced immigration attorney can help couples prepare documentation properly and avoid costly mistakes.

From Green Card to Citizenship

After holding a green card for three years and remaining married to and living with a U.S. citizen, the foreign spouse may apply for U.S. citizenship through naturalization. This step marks the final stage of the marriage immigration journey, allowing the individual to enjoy full rights as an American citizen.

Exciting and Stressful

Marriage immigration in the U.S. can be both exciting and stressful, blending love with legal complexities. By understanding the process, providing honest documentation, and seeking professional guidance when needed, couples can turn their cross-border relationships into lasting partnerships on American soil.

FAQs About Marriage Immigration in the U.S.

How long does the marriage green card process take?
Processing times vary, but for spouses of U.S. citizens, it generally takes between 10 and 18 months. For spouses of green card holders, it can take up to 30 months or longer depending on visa availability.

Do I need to be married before applying for a green card?
Yes. Only legally married couples can file a marriage-based green card application. However, if you’re engaged, a fiancé(e) visa (K-1) may be an alternative.

Can same-sex couples apply for marriage-based immigration?
Yes. U.S. immigration law recognizes same-sex marriages as long as the marriage is legally valid in the jurisdiction where it took place.

What happens if we separate or divorce during the process?
If the marriage ends before receiving permanent residency, the application may be denied. If the foreign spouse already has a conditional green card, they may apply for a waiver if the marriage was entered into in good faith.

How can I prove that my marriage is genuine?
Provide as much joint evidence as possible such as bank statements, leases, photos, communication records, and affidavits from family or friends who know the couple.

Can I travel outside the U.S. while my green card application is pending?
You can travel only if you receive advance parole from USCIS. Leaving without it may result in your application being considered abandoned.

Divorce in Miami: Why You Need an Attorney

Divorce is never easy, but navigating a divorce in Miami brings its own unique challenges and legal considerations. Whether you’re facing a contested or uncontested divorce, Florida law has specific requirements and procedures that must be followed. Hiring an experienced family law attorney is not just recommended—it’s crucial to protecting your rights, your assets, and your future.

Understanding Divorce in Miami

Miami, located in Miami-Dade County, follows Florida’s no-fault divorce laws, meaning either spouse can file for divorce without proving wrongdoing by the other. The only requirement is that the marriage is “irretrievably broken” or that one of the parties is mentally incapacitated.

While this may sound straightforward, the legal process often involves complex matters such as:

  • Division of marital assets and debts
  • Alimony (spousal support)
  • Child custody (now called time-sharing in Florida)
  • Child support
  • Modifications and enforcement

Each of these areas can become highly contested and emotionally charged, especially when children or significant assets are involved.

Why You Need an Attorney

Going through a divorce without proper legal representation can put you at a significant disadvantage. Here’s why:

1. Protecting Your Rights

Without an attorney, you may unknowingly agree to terms that are unfair or legally unfavorable—especially concerning alimony, child custody, or the division of property.

2. Understanding Florida Law

An attorney ensures that all legal documents are filed correctly and deadlines are met. Mistakes can lead to delays, dismissed cases, or permanent legal consequences.

3. Avoiding Costly Errors

What may seem like a way to save money can actually result in higher long-term costs if errors need to be corrected or agreements renegotiated after the divorce.

4. Navigating Complex Situations

High-conflict divorces, hidden assets, business ownership, or international elements require experienced legal strategy that only a skilled attorney can provide.

Frequently Asked Questions About Divorce in Miami

How long does it take to get a divorce in Miami?

It depends. An uncontested divorce may be resolved in a few months, while a contested divorce can take a year or more, depending on the complexity of the issues.

What are the grounds for divorce in Florida?

Florida is a no-fault state, so the only requirement is that the marriage is irretrievably broken. Mental incapacity is also a possible ground with additional requirements.

Do I have to go to court?

Not always. Many divorces are resolved through mediation or settlement agreements. However, contested divorces may require court hearings or even trial.

How is property divided in a Florida divorce?

Florida follows the principle of equitable distribution, meaning assets and debts are divided fairly—but not necessarily equally. An attorney can help protect your financial interests.

Who gets custody of the children?

Florida courts focus on the best interests of the child and often favor shared parental responsibility. Time-sharing schedules are created based on numerous factors.

What if my spouse doesn’t want a divorce?

As long as one party believes the marriage is irretrievably broken, the court can still grant a divorce—even without the other spouse’s agreement.

Can I change the terms after the divorce is finalized?

Yes, under certain circumstances. Modifications may be requested for issues like child support, alimony, or time-sharing, but require legal grounds and proper filing.

The Risks of Filing Without an Attorney

Choosing to represent yourself may seem like a way to cut costs, but it often leads to:

  • Unfavorable custody or financial arrangements

  • Delayed or dismissed filings due to procedural errors

  • Missed opportunities for negotiation or mediation

  • Permanent loss of rights you may not even know you have

Having an attorney on your side means you’re informed, protected, and positioned for the best possible outcome.

How Casais & Prias, PLLC Can Help

At Casais & Prias, PLLC, our experienced family law attorneys understand the emotional and legal complexities of divorce. We provide compassionate, strategic representation tailored to your goals—whether through negotiation, mediation, or litigation. Our team is committed to protecting your rights, your children, and your financial future.

📞 Schedule a consultation today by calling (305) 722-8015.

Let us guide you through this difficult time with professionalism and care.

Trusted LGBTQ Immigration Lawyers – Safe, Inclusive, Experienced

Navigating the U.S. immigration system can be complex for anyone, but for LGBTQ individuals, it often comes with additional layers of risk, fear, and uncertainty. At Casais & Prias, PLLC, we proudly provide compassionate, experienced legal representation for LGBTQ immigrants in Miami and throughout the United States. Our goal is to create a safe, inclusive space where you feel heard, protected, and empowered throughout your immigration journey.

Understanding the Unique Challenges Facing LGBTQ Immigrants

LGBTQ immigrants may face a range of legal and personal challenges that require a nuanced understanding of both immigration law and the specific risks LGBTQ individuals encounter in their home countries and communities. These can include persecution, discrimination, domestic violence, lack of legal recognition for same-sex relationships, and barriers to accessing asylum or humanitarian relief.

Our team is committed to addressing these issues with care and sensitivity. We understand how critical it is for LGBTQ clients to work with attorneys who not only understand the law, but also respect and affirm their identity.

How We Help LGBTQ Immigrants

At Casais & Prias, PLLC, we offer full-service immigration representation tailored to the needs of LGBTQ individuals and families. This includes:

  • Adjustment of status and green card applications based on same-sex marriage

  • Waivers for hardship and unlawful presence

  • Removal defense and representation in immigration court

  • Naturalization and citizenship services

We take a personalized approach to every case and work closely with our clients to ensure that their stories are clearly and powerfully presented.

Why Choose an LGBTQ-Friendly Immigration Lawyer

Working with an LGBTQ-friendly immigration attorney is more than a preference—it’s often essential. These cases require careful handling of sensitive personal information, and it’s vital that your legal team understands both the law and the lived realities of LGBTQ individuals. At Casais & Prias, PLLC, we are committed to providing:

  • A judgment-free, affirming legal environment

  • Experience with complex immigration cases involving LGBTQ clients

  • Culturally competent representation grounded in dignity and respect

  • A track record of success in both affirmative and defensive immigration matters

LGBTQ Immigration FAQs

Is same-sex marriage recognized for immigration purposes?
Yes. U.S. immigration law recognizes same-sex marriages for green card applications and other benefits, as long as the marriage is legally valid.

Will my sexual orientation or gender identity be kept confidential in my case?
Yes. Your attorney is bound by strict confidentiality rules and will treat all personal information with the highest level of discretion and care.

What if I’m undocumented and in a same-sex relationship?
There may still be options available to you, such as adjustment of status, waivers, or humanitarian relief. A consultation is the best way to explore your options.

Can LGBTQ individuals be detained or deported?
Yes, unfortunately it can happen. However, legal protections and relief may be available, including asylum, cancellation of removal, and more. Having an experienced lawyer is key.

Schedule a Case Evaluation with Casais & Prias, PLLC

At Casais & Prias, PLLC, we believe every client deserves to be treated with respect, dignity, and care—especially those in the LGBTQ community. Whether you’re applying for asylum, seeking a green card, or defending against removal, we are here to stand with you and fight for your rights.

📞 Call (305) 722-8015 today to schedule a confidential case evaluation.