Green Card Through Marriage
Our firm can help clients in all 50 states!
The application process for a green card through marriage varies depending on whether you are inside or outside of the United States. If you are applying from your home country (outside the U.S.) your application will go through Consular Processing, which means that it will be handled by your local U.S. Embassy or Consulate abroad and processed while you wait outside the U.S.
The process is different if you are inside the United States. If applying in the U.S. your application will go through Adjustment of Status.
Getting a Green Card though marriage is generally a three-step process:
- Establish the marriage relationship (Form I-130)
- Apply for a green card (Form I-485 or DS-260)
- Attend a green card interview and wait for approval
When consular processing is used-
If the spouse seeking a green card lives abroad and does not have a valid visa to enter the United States. Consular processing is also used when the sponsoring spouse is a green card holder (not a U.S. citizen), and the spouse seeking a green card lives in the United States but cannot maintain a valid immigration status, they’ll need to apply from abroad, and wait to be processed outside of the U.S. Read more about consular processing.
When adjustment of status is used-
If the sponsoring spouse is a green card holder (not a U.S. citizen), and the spouse seeking a green card lives and plans to stay in the United States while their green card application is pending, they would need to apply for adjustment of status. Please note that in this case, the spouse seeking a green card must be able to maintain a valid immigration status in the United States while they wait, which can take between 1.5-3 years depending on several factors. Read more about adjustment of status.
If you have a choice-
If the sponsoring spouse is a U.S. Citizen or a green card holder, and the spouse seeking the green card lives in the United States and currently has a valid immigration status (for example is they have a valid H-1B work visa or F-1 Student Visa, that has not expired), they can choose between adjustment of status or consular processing.
OPTION 1-CONSULAR PROCESSING
This is generally the best option if, before settling in the United States, the spouse seeking a green card wants to return to their home country and will wait outside of the United States.
OPTION 2-ADJUSTMENT OF STATUS
This is generally the best option if your sponsoring spouse is a U.S. Citizen and the spouse seeking a green card wants to stay in the United States while their green card application is pending. Any amount of time that the spouse seeking a green card “overstayed” would generally be waived as a benefit of marriage to a U.S. citizen. However, this is subject to change, other specific requirements, additional documentation along with heightened scrutiny by USCIS.
If this is your situation, call our office today. There are lots of hidden risks if the spouse seeking the green card has overstayed. We can help you navigate this situation and work to increase your odds of success.
Entered Illegally
There are also some limited options for individuals who are married to a U.S. Citizen or green card holder but entered the United States without inspection. Meaning that, they failed to get permission to enter. Maybe they paid someone to get across, crossed a deserted area of the border, or concealed themselves in a vehicle or truck. The legal term is “entered without inspection” or “ewi”. There are generally three options for individuals in this situation, each has its own set of specific requirements. They can include adjustment of status, consular process in addition to applying for a waiver for their unlawful presence. Call our office to discuss these options.
Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.
Important Considerations
As with any immigration benefit there are several factors that go into any decision. Including factors that can be specific to your personal or life situation, including but not limited to, the status of your spouse, how they arrived in the United States, and where they are currently residing. Give our office a call and we will go over your unique situation and outline the best course of action.
Don’t wait, immigration laws are changing all time and the wait times are only increasing. Secure your place in line now!
Our clients receive the following personalized services:
- Consultation with attorney to develop a legal case theory
- Easy payment plans and flat fees
- Expert Attorney preparation of your USCIS petitions and/or consular forms
- Constant monitoring and updating
- Preparation for the interview as needed
- Continued immigration support
- Screening for income and preparation of the Affidavit of Support
- Preparation of a full petition with ALL supporting documentation
- Screening for inadmissibility and deportability
- Digital access to your documents and easy to use online client account
- Work with you, your family members, friends, and other parties as appropriate to develop the supporting documentation
Call now!
Pelican Johnson Immigration Law, PA., can help determine your eligibility and help you get started with the application process.