Marriage-based immigration is one of the most common ways for foreign nationals to obtain lawful permanent residence in the United States. While it may seem straightforward, the process is governed by strict immigration laws and requires careful preparation. Mistakes or missing documentation can cause significant delays or denials, so understanding the process is essential.

Eligibility for Marriage-Based Immigration

To qualify for marriage-based immigration benefits, the marriage must be legally valid in the jurisdiction where it took place and must be entered into in good faith, not solely for immigration purposes. U.S. Citizenship and Immigration Services (USCIS) requires proof that the couple intends to build a life together. Both same-sex and opposite-sex marriages are recognized under U.S. immigration law.

Petition Process for U.S. Citizens

If the sponsoring spouse is a U.S. citizen, they can file a Petition for Alien Relative along with the Application to Register Permanent Residence or Adjust Status, if the foreign spouse is already in the United States and eligible for adjustment. This is known as the “concurrent filing” process and can streamline the timeline. If the foreign spouse is outside the U.S., they will go through consular processing at a U.S. embassy or consulate abroad.

Proving a Bona Fide Marriage

USCIS scrutinizes marriage-based applications to prevent fraud. Applicants must provide evidence of a genuine marital relationship, such as joint financial records, shared property ownership or leases, photos together over time, correspondence, and affidavits from friends or family. Couples should be prepared for an in-person interview, during which an immigration officer will ask detailed questions about their relationship.

Conditional Residence for Recent Marriages

If the marriage is less than two years old at the time permanent residency is granted, the foreign spouse will receive conditional resident status. This status is valid for two years. To remove the conditions, the couple must jointly file Form I-751 within the 90 days before the green card expires, again demonstrating that the marriage is genuine.

Common Issues and Delays

Common reasons for delays or denials include incomplete forms, insufficient evidence, prior immigration violations, or inconsistencies during the interview. Legal guidance can help address these challenges proactively and ensure compliance with immigration requirements.

Why Legal Representation Matters

Marriage-based immigration cases can be complex, especially when there are factors like prior marriages, criminal records, or prior overstays. An experienced immigration attorney can help prepare strong evidence, guide you through the interview process, and handle unexpected legal complications. At Casais & Prias, PLLC, we are dedicated to helping couples navigate the marriage immigration process with precision and care.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and start your marriage immigration process with experienced legal support.

Marriage Immigration Law FAQs

Can I work while my marriage green card application is pending? If you file for adjustment of status in the U.S., you can apply for a work permit while your application is pending.

How long does the marriage green card process take? Timelines vary, but for U.S. citizen spouses, it often ranges from 10 to 14 months.

Do I need to speak English to get a marriage green card? No, there is no language requirement, but interviews are conducted in English or with an interpreter.

What happens if we divorce before removing conditions on my green card? You may still apply for a waiver of the joint filing requirement under certain circumstances.

Can same-sex couples apply for marriage-based immigration benefits? Yes. U.S. immigration law recognizes lawful same-sex marriages equally.

Will USCIS visit our home? While not common, USCIS may conduct site visits in cases where fraud is suspected.

Do I have to live in the U.S. immediately after getting my green card? Yes, permanent residents are expected to reside primarily in the United States.