Marriage Immigration Lawyers

Choose Your Type of Green Card Through Marriage

You and your lawyer for marriage green card will follow two distinct paths depending on where your foreign spouse is located. For spouses currently in the US, they would follow the adjustment of status route, while spouses currently abroad would follow the immigrant visa route.  SimVisa and its immigration lawyer/marriage green card lawyer have everything you need for both situations:

Marriage Green Card: Adjustment of Status

This application package is for a non-citizen spouse applying from within the U.S. The term "adjustment of status" refers to the fact that the applicant probably entered the U.S. as a tourist, student, or fiancé and wants to remain in the country as the spouse of a U.S. citizen.

The application includes the following:

• Marriage relationship form I-130
• Supplemental information form I-130A
• Green card application form I-485
• Financial support form I-864
• Work permit application form I-765
• Travel permit application form I-131
• Online notification form G-1145
• Credit card payment form G-1450
• Medical examination form I-693
• Required government documents
• Bona fide evidence of marriage

These forms allow you to live, work, and travel in the U.S. while USCIS approves your application.

Marriage Green Card: CR-1 Spousal Visa

This application is for a non-citizen spouse located outside the U.S. This process is also called “consular processing” because you ultimately receive your visa to enter into the U.S. through the U.S. consulate.

This application includes the following forms:

• Marriage relationship form I-130
• Supplemental information form I-130A
• Online notification form G-1145
• Credit card payment form G-1450
• Green card application form DS-260
• Address form DS-261
• Financial support form I-864
• Government documents
• Bona fide marriage documents

Since the applicant will be abroad while the application is pending, the packet doesn't include the forms for employment authorization or a travel document.

What Is the Difference Between Adjustment of Status and Consular Processing?

More often than not, you don't have a choice on how to file. When you have a choice, you should discuss which option fits your situation with a marriage-based green card lawyer. Some differences include:

Processing Time

The U.S. State Department usually finishes consular processing faster than USCIS finishes adjustment of status.

Denials

The consular office only denies applications for specific reasons. USCIS can deny applications for any reason.

Fees

You pay upfront application fees to adjust status. The fees for consular processing are spread out and usually cost less.

Foreign Travel

After filing abroad, you cannot enter the U.S. until your application is granted. After filing in the U.S., you can leave and reenter if you get an advance parole travel document.

How to Obtain a Marriage-Based Green Card

Before applying for a marriage-based green card, you must be legally married. It must be a bona fide marriage demonstrating both a personal and economic relationship. If you marry solely for immigration benefits, the marriage would not qualify as a bona fide marriage.

The green card process for obtaining a marriage-based green card usually requires you to file Form I-130 to prove the marital relationship and obtain a priority date. After this, the processing depends on whether the applicant is inside or outside the country.

If the foreign spouse is inside the U.S., you'll file all your paperwork, including an I-485 Application to Adjust Status, with Form I-130. Then, you must:

1. Wait until the USCIS processes the immigration forms.
2. Attend the green card interview with your spouse.
3. Receive the marriage-based green card after USCIS approves the interview results.

If the foreign spouse is outside the U.S., you must:

1. Wait until the I-130 gets approved by the National Visa Center.
2. File a DS-260 Green Card Application and the supporting paperwork.
3. Attend the green card interview at the U.S. consulate without your spouse.
4. Receive your marriage-based green card after USCIS approval.

The green card interview is intended to detect immigration fraud. A USCIS officer will ask questions to determine whether you have a bona fide marriage.