Marriage-Based Green Cards

Helping married couples prepare strong immigration applications and navigate the path to permanent residence.

A U.S. citizen or lawful permanent resident may petition for a foreign national spouse to become a permanent resident. Depending on the couple’s circumstances, the foreign national spouse may apply for a green card from inside the United States or complete immigrant visa processing through a U.S. embassy or consulate abroad.

Marriage-based immigration cases require more than a marriage certificate. The couple must establish that the marriage is legally valid, was entered into in good faith, and was not created primarily to obtain an immigration benefit.

Capital Gateway Immigration helps couples prepare their petitions, document their relationship, identify immigration or criminal complications, and prepare for the USCIS or consular interview.

How Does a Spouse Obtain a Green Card?

The process generally begins when a U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, for a foreign national spouse.

The next step depends on where the foreign national spouse lives and whether the person qualifies to apply from inside the United States.

The two principal processes are:

  • Adjustment of status for qualifying applicants in the United States
  • Consular processing for applicants applying through a U.S. embassy or consulate abroad

An approved marriage petition establishes the qualifying relationship, but it does not automatically grant permanent residence. The foreign national spouse must separately establish eligibility for adjustment of status or an immigrant visa.

Adjustment of Status Through Marriage

Adjustment of status allows certain applicants to seek permanent residence without leaving the United States.

A marriage-based adjustment filing may include:

  • Form I-130, Petition for Alien Relative
  • Form I-130A, Supplemental Information for Spouse Beneficiary
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Form I-864, Affidavit of Support
  • An immigration medical examination
  • Civil records
  • Evidence of the petitioner’s U.S. citizenship or permanent residence
  • Evidence of a good-faith marriage
  • Applications for employment authorization or travel documents when appropriate

Eligibility depends on the applicant’s manner of entry, immigration history, the petitioner’s status, visa availability, criminal history, and possible grounds of inadmissibility.

Marriage to a U.S. citizen does not automatically resolve every immigration violation. Entry without inspection, prior removal orders, false claims to U.S. citizenship, fraud, criminal history, or previous immigration proceedings may require a different strategy.

Consular Processing for a Spouse

A spouse who lives outside the United States ordinarily applies for an immigrant visa through consular processing.

After USCIS approves the marriage petition, the case generally proceeds through the National Visa Center. The couple must submit the required fees, immigrant visa application, financial sponsorship documents, civil records, and other supporting evidence.

The foreign national spouse will then attend a medical examination and immigrant visa interview abroad.

Consular processing requires careful planning. Leaving the United States may trigger an unlawful presence bar, and other grounds of inadmissibility may be discovered at the interview. We evaluate these risks before a client departs the country.

Learn More About Consular Processing

Proving a Good-Faith Marriage

USCIS looks for evidence that the couple intended to build a life together when they married.

Evidence may include:

  • Joint leases, mortgages, or property records
  • Joint bank and credit accounts
  • Joint tax returns
  • Insurance policies
  • Utility bills
  • Birth certificates for children
  • Photographs documenting the relationship
  • Travel records
  • Messages and correspondence
  • Evidence of shared financial obligations
  • Statements from relatives and friends

Not every couple has the same evidence. Newly married couples, spouses living in different countries, and couples who keep separate finances may need to document their relationship in other ways.

We help clients select meaningful evidence and explain unusual living or financial arrangements.

The Marriage Green Card Interview

USCIS or the U.S. consulate may interview the applicant before making a final decision.

Questions may address:

  • How the couple met
  • The history of the relationship
  • The wedding
  • Current living arrangements
  • Employment and finances
  • Each spouse’s family
  • Previous marriages
  • Daily routines
  • Future plans

If USCIS questions whether a marriage is genuine, the spouses may be interviewed separately.

We prepare couples by reviewing their application, identifying areas that may require explanation, organizing updated evidence, and discussing the types of questions they may encounter.

Conditional Green Cards

If permanent residence is approved before the couple’s second wedding anniversary, the foreign national spouse generally receives conditional permanent residence valid for two years.

The couple ordinarily must file Form I-751 to remove the conditions during the 90-day period before the conditional green card expires.

A conditional resident may qualify for a waiver of the joint filing requirement following divorce, battery or extreme cruelty, the death of the petitioning spouse, or other qualifying circumstances.

Potential Problems in Marriage Cases

Possible complications include:

  • Entry without inspection
  • Unlawful presence
  • A prior removal order
  • A missed immigration hearing
  • Visa fraud or misrepresentation
  • Criminal arrests or convictions
  • A previous marriage petition
  • Inconsistent applications
  • Insufficient financial sponsorship
  • A short courtship
  • Extended periods of living apart
  • A large age difference
  • Prior allegations of marriage fraud
  • Divorce while a case is pending

These facts do not necessarily mean the case will be denied. They should be identified and addressed before filing.

How Capital Gateway Immigration Can Help

Our firm assists couples with:

  • Marriage petitions
  • Adjustment of status
  • Consular processing
  • Good-faith marriage evidence
  • Affidavits of support
  • Interview preparation
  • Requests for evidence
  • Notices of intent to deny
  • Conditional residence
  • Form I-751 petitions
  • Waivers of the joint filing requirement
  • Inadmissibility analysis
  • Provisional unlawful presence waivers
  • Motions and appeals following a denial

Speak With a Sacramento Marriage Green Card Attorney

A properly prepared marriage case should tell a clear and consistent story about the relationship while addressing every legal requirement.

Capital Gateway Immigration can evaluate your immigration history, identify potential complications, and help you prepare for each stage of the process.

Contact our Sacramento office to schedule a consultation.

This page provides general information and does not constitute legal advice. Eligibility depends on the individual facts of each case.

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