Marriage-based Green Card | ABP LAW
Schedule a consultation with the experienced immigration attorneys at ABP LAW, where we help couples secure lawful permanent residence through genuine, marriage-based immigration. What Is a Marriage Green Card?
A marriage green card allows a foreign-born spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. Also known as a spouse visa or marriage-based immigrant visa, it is a direct path to lawful permanent residency and eventual U.S. citizenship.
If you are lawfully married and wish to begin the green card process, our attorneys at ABP LAW are ready to guide you through every step.
Marriage Green Card Eligibility Requirements
To qualify for a marriage green card, the following requirements must be met:
- Valid Legal Marriage
Your marriage must be legally valid and officially recognized in the place it was performed — including same-sex marriages, which are fully valid under U.S. immigration law.
- Petitioner Must Be a U.S. Citizen or Green Card Holder
The sponsoring spouse must be either a U.S. citizen or lawful permanent resident with proof of valid status.
- Good Faith Marriage
You must prove the marriage is genuine — not solely for immigration purposes. Joint accounts, shared property, photos, and affidavits help demonstrate this.
- Criminal & Immigration History Review
Both spouses must undergo background checks to determine admissibility. Certain criminal convictions or prior immigration violations may trigger inadmissibility waivers.
- Immigration Medical Exam
The foreign spouse must complete a USCIS-approved medical exam by a designated civil surgeon.
How to Apply for a Marriage-Based Green Card
There are two primary pathways depending on your spouse’s location:
- Adjustment of Status (if spouse is in the U.S.)
- File Form I-130 (Petition for Alien Relative)
- Concurrently file Form I-485 (Application to Adjust Status)
- Include supporting evidence and apply for a work permit (Form I-765)
- Consular Processing (if spouse is abroad)
- File Form I-130 with USCIS
- Wait for petition approval and consular processing through the National Visa Center
- Attend immigrant visa interview at a U.S. consulate
Our team will evaluate which path applies to your case and help you file all required documentation with USCIS and/or the consulate.
Documents Needed for a Marriage Green Card Application
To ensure a successful petition, you’ll need to include the following:
- Valid passports & identity documents
- Certified marriage certificate
- Proof of termination of prior marriages (if applicable)
- Joint financial records, utility bills, leases/mortgages
- Photos together, communication records, social media posts
- Affidavit of Support (Form I-864) from petitioner
- Immigration medical exam results
- Police certificates (if consular processing)
ABP LAW will help you prepare a complete, well-documented application tailored to USCIS standards.
How Long Does a Marriage Green Card Take?
Processing timelines vary:
- Spouses of U.S. citizens: ~12–18 months
- Spouses of permanent residents: 18–36 months, depending on visa bulletin
- Conditional green cards (if married less than 2 years): valid for 2 years; couples must later file to remove conditions (Form I-751)
We monitor USCIS case status and processing times to give our clients realistic expectations.
Can I Work in the U.S. While My Marriage Green Card Is Pending?
Yes — if you’re adjusting status from within the U.S., you can apply for employment authorization (Form I-765). Once approved, you can legally work while waiting for your green card.
Spouses applying from abroad must wait until they enter the U.S. with their immigrant visa before working.
How to Prove a Bona Fide Marriage to USCIS
To prevent denial or delays, applicants must show their marriage is real and not for immigration benefits. Acceptable evidence includes:
- Joint tax returns or bank accounts
- Lease or mortgage with both names
- Travel records and photos from vacations
- Birth certificates of children (if any)
- Health, auto, or life insurance listing each other as beneficiaries
- Affidavits from friends and family confirming your relationship
Our attorneys will help you compile persuasive, credible evidence and prepare you for your USCIS interview.
Why Choose ABP Law for Your Marriage Green Card Case?
At ABP LAW, we focus exclusively on U.S. immigration law — and we bring compassion, clarity, and courtroom-ready strategy to every client case. Whether you are applying from within the U.S. or abroad, we:
- File all USCIS petitions and waivers
- Prepare supporting documentation tailored to your facts
- Guide you through consular processing or USCIS interviews
- Respond to requests for evidence (RFEs), if issued
- Provide direct access to your attorney for case updates
We’ve helped countless couples successfully navigate the marriage-based green card process.
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