If you are married to a U.S. citizen or a green card holder, your marriage can be the path to your green card. Attorney Linh Tran-Layton has handled marriage-based green card cases since 2009. Green Immigration practices immigration law only. We work with couples in Utah, and by Zoom, anywhere in the United States. Se habla español.
Two kinds of spouses can sponsor a husband or wife:
The marriage can take place anywhere in the world, and will be recognized by immigration as long as it is legally valid where it took place. Same-sex marriages qualify the same way.
If your spouse is in the United States, they may be able to apply through adjustment of status and stay here while the case is pending. For spouses of U.S. citizens, the petition and the green card application can often be filed together, and your spouse can usually also apply for a work permit and a travel permit.
If your spouse is outside the United States, or can’t adjust status here, the case goes through consular processing. After the petition is approved, USCIS sends the case to the National Visa Center (NVC). The NVC collects documents and your spouse attends an interview at a U.S. embassy or consulate. Spouses of U.S. citizens receive a CR-1 or IR-1 immigrant visa.
The path that best fits your situation depends on factors such as how your spouse entered the U.S., their immigration history and where they live now. We sort that out before anything is filed.
USCIS wants to see that you married to build a life together, not to get a green card. Evidence that helps includes, but is not limited to:
Every couple’s life looks different. We help you gather the evidence that tells your story clearly.
If a spouse is applying for adjustment of status in the U.S., the couple will attend an interview together at a local USCIS office. The officer reviews your forms and asks about your relationship. Examples of questions about your relationship can include questions about how you met, your wedding, and your daily routines. Honest, consistent answers matter more than memorized ones.
If the officer has doubts, USCIS may schedule a second interview, sometimes called a Stokes interview, where each spouse is questioned separately. Good preparation and strong evidence make this less likely, and we prepare our clients for their interviews.
If you were married for less than two years at the time of green card approval, you will receive a two-year conditional green card. Within the 90-day window of the green card expiring, you must file a removal of conditions application with evidence of the ongoing marriage. We help with this step too.
Many marriage cases are simple, but some need more planning. Examples include:
Not sure whether your case is simple? Read Do You Need an Immigration Attorney for a Marriage-Based Green Card?
Timing depends on the path, the USCIS office, and the U.S. consulate or embassy handling your case. See our guide to current USCIS processing times.
Sponsoring a parent, child or sibling instead? See our family-based green card page.
Yes. A U.S. citizen can legally marry someone who is not a citizen, in the United States or in another country. Getting married does not change your spouse’s immigration status by itself, though. After the wedding, you need to file the appropriate immigration forms for your spouse to get legal status. If your partner is in the U.S. on a visa right now, talk to an immigration attorney because the timing and the reason they came can matter later.
You will need to proactively file the appropriate immigration forms to start the process of getting your spouse legal status in the U.S. What forms are filed, and the path you take will depend on if your spouse is:
Spouses of U.S. citizens do not wait in line for a visa number, which makes this one of the faster family paths.
No. Marriage is the first step, but the appropriate immigration forms must be filed to start the process of getting your spouse legal status.
In most adjustment of status cases, yes. Generally, your spouse can apply for a work permit with the green card application, and would need to have the work permit to legally work.
Only with advance parole. Leaving the U.S. without an approved travel permit (advance parole) can cancel the green card application. Talk to us before booking any trip.
Often, yes, but usually not from inside the U.S. Many spouses in this situation complete consular processing abroad, with an I-601A waiver approved first to shorten the time apart. Each case depends on the facts.
Yes. For adjustment of status cases, both spouses are usually asked to attend.
A marriage-based case generally can’t be approved if the marriage has ended. There are exceptions, including for spouses who suffered abuse (VAWA) and for widows and widowers.
Every marriage case starts with a careful look at all the facts and history. Book a consultation with Linh in person in South Jordan, by phone, or on Zoom, in English or Spanish, or call (801) 883-8204.
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