Marriage-Based
Green Card

If you are married to a citizen of the United States, you may be eligible for a green card through your marriage. In general, there are two ways you can obtain a green card through marriage to a U.S. citizen. One way is through adjustment of status while you are in the United States and the other is through consular processing.

Adjustment of Status

If you are already living in the United States, you may be eligible to remain in the United States and file to adjust your status with United State Citizenship and Immigration Status (“USCIS”). Please note, not everyone is eligible to adjust their status in the United States. It is important to discuss your situation with an experienced immigration attorney to determine your eligibility to file to adjust your status within the United States.

Filing for adjustment of status with USCIS requires the filing for the petition to establish the spousal relationship as well as the application for adjustment of status, the application for employment authorization document to allow you to work in the United States while your application is pending, and the application for permission to travel abroad while your application for adjustment is pending—please note, it is not always advised an individual travel abroad even with the approval of USCIS to leave the United States.

Consular Processing

If you are currently living abroad you may be eligible to adjust your status through the U.S. Consulate. This allows the immigrant spouse to be interviewed in his/her/their country of residence, obtain an immigrant visa, and be issued a green card upon being admitted to the United States.

Bona Fide Marriage

In either situation the couple is required to establish the marriage is bona fide, that is, it was entered in “good faith.” This requires providing evidence to establish the couple has a legitimate relationship. Such evidence can be, but is not limited to, marriage certificate, birth certificates for children, lease/mortgage of shared residence, joint accounts, household expenses, photographs, etc.

Conditional Green Card

If you and your spouse have been married less than two years at the time you are granted permanent residence, the U.S. government will issue a conditional green card. If you are issued a conditional green card you must file to remove the conditions within the 90-days before your conditional residency expires. In general, you will file this application jointly with your spouse and provide updated documentation to USCIS in support of your marriage. However, if you and your spouse have divorced or your spouse has passed away, you may still file to remove the conditions and as for a “good faith waiver” in filing the petition jointly.

Green Card through Marriage to a Lawful Permanent Resident

There are certain circumstances where a green card holder may petition a spouse similar to the foregoing. The U.S. government limits the number of visas available for marriage based green cards through a green card holder.

Family Based Green Card

You may be eligible for a green card to the United States if you have a relative who qualifies to file a petition on your behalf.

A citizen of the United States may file a petition on behalf of a family member who falls under one of the following categories:

Your spouse (see “Marriage Based Green Card”);
Your child under 21-years old who is unmarried;
Your son or daughter 21-years or older who is unmarried;
Your married son or daughter of any age;
If you are 21-years or older you may petition for a sibling; or
If you are 21-years or older you may petition for your parent(s).

A lawful permanent resident may file a petition on behalf of a family member who falls under one of the following categories:

Your spouse (see “Marriage Based Green Card”);
Your child under 21-years old who is unmarried; or
Your son or daughter 21-years or older who is unmarried.

Fiancé(e) Petition

Citizens of the United States are also permitted to petition for a fiancé(e) by seeking a K-1 visa—also referred to as a fiancé(e) visa. This allows the fiancé(e) of a U.S. citizen to gain entry to the U.S. seeking admission so long as the couple enters into a bona fide marriage within 90 days of arrival.

The U.S. citizen spouse must file Form I-129F prior to marriage on the immigrant fiancé(e)’s behalf.

If the petition is approved the case is sent to the National Visa Center (“NVC”) for processing of the non-immigrant visa for the fiancé(e). Once the NVC has received the completed application and supporting documentation an interview can be scheduled at the consulate for the fiancé(e). If the non-immigrant visa is granted the fiancé(e) is permitted to enter the United States and marry their fiancé(e). The couple must be married within 90-days of entry.

After the parties have married the immigrating spouse will be eligible to file the application for adjustment of status to obtain residency—a green card—in the United States. If the application is granted the applicant will be issued a conditional permanent residency card if the marriage is less than 2-years at the time of the approval, or lawful permanent residency if the parties have been married more than 2-years at the date of approval.

If you are considering filing a writ of mandamus to compel an immigration agency to act on your case, Krewson Law can help. Krewson Law has extensive experience and knows how to file the necessary paperwork and plead your case before a federal judge. Rachel Krewson understands the frustration of an inactive immigration case and will work diligently to have your case moving again.

Contact Krewson law today for a consultation if you require help with any aspect of the U.S. immigration process.
We’re here to help your family safely and legally into the United States.