The Trump administration put out new rules last Friday that require people to apply for green cards from abroad instead of from inside the U.S., which has been custom for immigrants seeking permanent residency status. Author Tara Watson details the impact of separation on those families. For lawful nonimmigrants, that means documenting compliance with status, authorized employment, tax compliance, truthful prior statements, and absence of fraud or criminal history. For employment-based applicants, it means addressing §245(k) where applicable.
Practice limited to US immigration and nationality law. Schedule a consultation with Altius Immigration Law. We will walk you through your case and give you honest advice on whether you should go DIY—or let us handle the stress for you. adjustment of status help USCIS has not fully clarified how pending applications will be handled, so outcomes may vary case by case. In some cases yes, but USCIS may apply stricter review standards before allowing Adjustment of Status approvals.
Hiring an immigration attorney can be a wise decision for several reasons. First, immigration law is complex and constantly changing, and an experienced attorney can provide invaluable guidance and support throughout the application process. Additionally, an attorney can help you navigate any challenges or issues that may arise during the process, and can advocate on your behalf with government agencies. Before filing for marriage-based immigration, get a complete copy of your immigration file — including your asylum application and any past visa documents. A FOIA request helps you see if there are errors, inconsistencies, or misrepresentations that could affect your case. This step takes time, so start early and work with a trusted immigration attorney to review your entire history.
The K-1 allows your fiancé to enter the United States for the purpose of getting married within 90 days, after which you file for adjustment of status. If your spouse entered on a tourist visa (B-1/B-2), timing matters significantly. Immigration law prohibits entering the United States with preconceived immigrant intent on a nonimmigrant visa. If you marry and file for adjustment immediately after entry, it raises questions about whether your spouse misrepresented their intentions at the border. If you’re planning to sponsor your spouse for a green card in 2026, you’re facing a landscape that’s both faster in some ways and more complex in others.
An attorney-client relationship is formed only through a written engagement agreement signed by you and the firm, or the attorney or law firm engaged for your matter. Upon the foreign national’s arrival to the U.S., through K-1 entry, he or she and the U.S. citizen must get married within 90 days. Once they marry, the K-1 visa holder must apply for an Adjustment of Status so as to keep legal status in the United States. After all, the K-1 visa holder is no longer a fiancé(e), but a spouse. If you have questions about how this policy could affect your case, it is important to speak with an experienced immigration attorney about your individual immigration history and options.
Navigating the complex process of obtaining a Green Card through marriage, ensuring a future with your loved ones in the U.S. Gustav Hyacinth is from Canada, he is on an H1B visa, he fell in love with his co-worker, who is a pretty U.S. citizen, they decided to get married. Firm attorneys are licensed in good standing in New York, New Jersey, Maryland, District of Columbia, and Michigan (see attorney profile pages). Further, this information is not intended to create an attorney-client relationship. No, attempting this process alone is extremely risky. Immigration law’s complexity means too much can go wrong without the right guidance.
Andre also works with individuals who are lawful permanent residents or on non-immigrant visas to obtain lawful permanent residence or non-immigrant visas for their spouses. The U.S. Citizen must also meet certain income requirements. Consular processing is a recommended option when the immigrant spouse is residing outside the United States. In this process, the spouse submits a marriage-based application at the U.S. consulate or embassy in their country of origin or residence. After the application is submitted, the spouse will undergo an interview to evaluate their eligibility.
Spouses of lawful permanent residents fall under the family preference system. If you are married to a U.S. citizen and living in the United States, you may qualify for a green card through Adjustment of Status. Working with an experienced marriage green card lawyer can help you avoid delays and complete your process smoothly. A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).
It usually takes 8-14 months from filing to decision, but times can vary. We can help you decide if filing both forms together is the best choice for you. Expert legal guidance through every step of your Adjustment of Status (I-130 & I-485) journey. Let Marcano Legal help you build your life together in the United States. If you believe you are in a forced marriage or are being forced to petition for a spouse, visit our Forced Marriage page to learn about the options available to you.
The IR1 visa is an immigrant visa granted to spouses of US citizens who have been married for more than two years at the time of approval. To apply for a Green Card based on marriage, documents must be submitted that demonstrate the legal validity of the relationship, the authenticity of the relationship, and the applicant’s immigration eligibility. A “Stokes” interview refers to when couples are separated and questioned individually so that USCIS may match and compare answers to determine the authenticity of a marriage. Stokes interviews are typically used when USCIS suspects fraud but may be applied in complex cases (USCIS Policy Manual, Volume 7, Part G, Chapter 5). With increased scrutiny of marriage-based green card adjudications, petitioners and beneficiaries should be aware that a Stokes interview is possible.
Each spouse must meet the minimum age requirement to obtain a marriage green card. Typically, both spouses must be at least 18 years old. Every marriage-based visa application must prove that the relationship is real and meets the following legal requirements. The CR-1 or IR-1 spousal visa with concurrent filing is a popular option for couples who are already married and intend to stay in the U.S. This involves filing Form I-130 and Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time. This can streamline the process compared to filing the petitions sequentially.
An experienced immigration lawyer simplifies the process and helps you avoid common pitfalls. Working without proper authorization can negatively impact your green card process and result in immigration penalties. Consulting with an immigration attorney is highly recommended to ensure that your marriage green card application and work authorization are handled correctly. The application process for a marriage green card can be complex and time-consuming.
Yet, USCIS questioned if their marriage was bona fide. They met in high school and married in their early 20s. One day, Sophia was stopped for a traffic violation.
There are strict income and asset requirements for the U.S. sponsor. The minimum income is typically $21,775 for a household size of 2, and goes up as the household size increases. If you marry your spouse within the U.S., you will still have to file a marriage based green card petition (I-130) for your spouse. Once the I-130 is approved, your spouse may adjust her/his status to become a U.S. resident.
When to Get a Lawyer For a Green Card Through Marriage
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