A comprehensive guide to Marriage Based Green Cards

Are you a U.S. citizen or lawful permanent resident who is married to a foreign national spouse?  If you answered yes, then this guide is for you.  In this guide we will discuss how you can immigrate your spouse to the United States, so that he or she can obtain a green card.

Where is your spouse currently located, inside or outside the United States?  If your spouse is in the United States already, how did your spouse enter the United States?  How long has your spouse been in the United States?  These are all important questions, because the answers can affect how your spouse can obtain a green card.

Your spouse is outside the United States.  In this case, you are looking at a process known as consular processing, in which your spouse will obtain a visa to enter the United States through the local embassy or consulate.  The first step is to file an I-130 Petition through USCIS.  With this petition, we are trying to establish that you are in a good faith marriage to your spouse.  We establish that your marriage is legitimate and not just for immigration purposes.  Don’t worry here, we will ask for specific evidence to show that you are in love and desire a life together.  Next, when this case is approved, we start the process of obtaining a visa through the National Visa Center.  Once completed, your spouse is placed in line for a visa.  At the visa interview, the consular officer will ask background questions, as well as questions about your marriage.  If approved, your spouse will be issued a visa to enter the United States, and will be a lawful permanent resident.  USCIS will send out the green card.  This process can be lengthy, taking anywhere from a year and half to two and half years.  There can be a number of factors that can slow the case down.  If you are not yet married, you may want to discuss alternative options, such as the fiance visa before marrying.

If your spouse is already in the United States, and entered lawfully, then we may be able to look at a process known as adjustment of status.  In this case your spouse can obtain his or her green card inside the United States.  Again, we file an I-130 Petition, but we also file an I-485 Application to Adjust Status.  USCIS will process the case, and your spouse may or may not be given an interview.  If an interview is scheduled, both of you will have to appear before an immigration officer to discuss your marriage.  It sounds stressful, but don’t worry we will prepare you in advance.  In general, this process is best suited for spouses of U.S. citizens.  There are occasions where it is available to spouses of permanent residents, but it requires a visa to be available and for your spouse to have a valid status.  These are things that we can examine and discuss with you when we have an initial consultation.  If your spouse is eligible to adjust status in the United States, it is generally a quicker process.  Many people will obtain their green card after around one year, and some even sooner if the interview is waived.

So, you are ready to begin.  What are the first steps?  Both of these cases are document intensive.  Oftentimes, we file cases that are well over 100 pages long.  So, it is important to start gathering everything you will need, and document your relationship.  If you have been married a while, then this should generally be easier.  You probably have leases together, or own property.  You likely have joint accounts, joint bank statements, credit cards, etc.  Maybe you even have children together.   What if you just married though?  Don’t worry, USCIS does not expect you to have the same type of evidence, but we still have to document your relationship.  Communication, text and phone, etc, social media, photos, and affidavit letters from family and friends are all used to establish that your marriage is in good faith.  You will also need copies of birth certificates, your marriage certificate, if either of you have been married previously, then also divorce certificates.  In addition as the sponsor, we will need your tax documents, W2’s. and proof of employment.  At Inland Law, we try to make gathering this evidence as painless as possible, and help you every step of the way.

In conclusion, a marriage based green card is an excellent way for you to immigrate your foreign national spouse to the United States.  However, do not be deceived.  It is a complex process that requires specificity.  We are ready to assist you in this process.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.