Immigrating through Marriage

Spouses of U.S. citizens and lawful permanent residents can be sponsored for green cards.  Like other family-based categories, the sponsoring relative must file a petition with US Citizenship & Immigration Services (USCIS) to prove the qualifying relationship.

• Spouses of U.S. Citizens
• Spouses of Lawful Permanent Residents
• Bona Fide Marriage
• How do I file?
• What happens after I file?
• Conditional Green Cards
• Help with Marriage-Based Immigration

Spouses of U.S. Citizens

Spouses of U.S. citizens can apply for lawful permanent residence as soon as they are married. The petitioning U.S. citizen must first provide proof of citizenship and documents showing the marriage was entered into in good faith.

Spouse Petition and Adjustment of Status

If the foreign spouse is already in the United States, he or she can file the Adjustment of Status (Form I-485) application at the same time as the immigrant petition (Form I-130), plus applications for work authorization and travel documents.  After initial processing of your applications, you will be scheduled for an interview at the local USCIS office. During the interview, the officer will review your application and ask questions to determine your eligibility.

Spouse Petition and Consular Processing

If your foreign spouse is outside of the United States, you can still file the immigrant petition (Form I-130), but the rest of the process will be handled by the U.S. Department of State and the U.S. Consulate in the country where your spouse resides. Visit the Consular Processing page for more information about this process. If you would like to bring your spouse to the United States sooner, you can apply for a K-3 visa, which allows them to come to the U.S. and apply through the Adjustment of Status process.

Documents

In most cases, you will need to gather the following documents:

U.S. Citizen Spouse

• Birth certificate (long form, including your parents’ names)
• Proof of citizenship (US Passport ID page, Naturalization Certificate)
• W-2 wage report (most recent)
• Federal income tax returns (last 3 years)
• Employment verification letter

Foreign Spouse

• Birth certificate (long form, including your parents’ names)
• Current passport (a copy of every page)
• I-94 card (stapled in your passport)
• Extension of status approval notices
• Immunization records

Proof of Good-Faith Marriage

• Marriage certificate
• Divorce decrees from any prior marriages
• Wedding and other photos of both of you with family and friends
• Additional proof of bona fide marriage

Spouses of Lawful Permanent Residents

Lawful permanent residents may also sponsor their spouses for green cards by filing an immigrant visa petition (Form I-130) with USCIS.  Once the petition is approved, the foreign spouse must wait for an immigrant visa number in the 2A category.  If the filing date on the approved I-130 petition comes before the date listed in the Visa Bulletin for the current month, then the foreign spouse can finally submit the final green card application through Adjustment of Status or Consular Processing, depending on whether the spouse is already in the United States.  If your immigrant petition (Form I-130) has already been filed, visit the Adjustment of Status or Consular Processing pages to learn more about the next steps in your green card application process.

Documents

Petitions filed by lawful permanent residents on behalf of their spouses need to include the following documents:

Lawful Permanent Resident Spouse

• Birth certificate (long form, including your parents’ names)
• Permanent Resident Card

Foreign Spouse

• Birth certificate (long form, including your parents’ names)
• Current passport (ID page)
• I-94 card (stapled in your passport)
• Proof of current status and prior extensions (if currently in U.S.)

Proof of Good-Faith Marriage

• Marriage certificate
• Divorce decrees from any prior marriages
• Wedding and other photos of both of you with family and friends
• Additional proof of bona fide marriage

Bona Fide Marriage

To document your good-faith marriage, include photos and documents showing you have a shared life together.  For couples who have been married for a while, you should consider including documents such as the following:

• lease or mortgage contracts showing joint occupancy and/or ownership
• joint savings and checking account statements
• joint federal tax returns
• insurance policies showing the other spouse as a beneficiary
• joint utility bills
• joint loans
• itineraries for any trips you took together
• birth certificates for any children
• religious marriage certificate if there was a church wedding
• updated driver’s license, credit cards, or other documents showing the married name

For newly-married couples who may not have any of the above documents, you can include other evidence, such as:

• copies of letters, cards, emails, and phone records
• copies of receipts for engagement ring and other major purchases
• itineraries for any trips taken together or to visit each other
• letters from family and/or friends commenting on your engagement

How do I file?

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your spouse's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your spouse's eligibility.

What happens after I file?

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your spouse’s place in line for a visa number is reached, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas at the nearest U.S. Embassy.

Conditional Green Cards

If you have been married for less than two years when the green card application is approved, the foreign spouse will receive a conditional green card. Learn more about the additional filing requirements to Remove Conditions.

Help with Marriage-Based Immigration

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you qualify for a marriage-based green card, please contact D.Ray Mantle for a consultation.