Marriage Immigration Lawyer in New York
Marriage to a U.S. citizen or lawful permanent resident can provide a pathway to permanent residence in the United States. But obtaining a marriage-based Green Card involves more than proving that you are legally married.
At AH Law Firm PLLC, our New York immigration attorneys help couples navigate the marriage-based immigration process from the initial petition through the Green Card interview and final decision.
Whether your spouse is already in the United States or currently living abroad, we can help you understand the appropriate immigration process for your situation.
Speak with a New York marriage immigration lawyer about your case.
Marriage-Based Green Cards in New York
A marriage-based Green Card allows an eligible foreign national married to a U.S. citizen or lawful permanent resident to pursue permanent residence.
The process generally begins when the sponsoring spouse files Form I-130, Petition for Alien Relative, to establish the qualifying marital relationship. The next steps depend on several factors, including where the foreign spouse currently lives and the immigration status of the sponsoring spouse.
USCIS requires evidence showing that the marriage is legally valid and was entered into in good faith rather than primarily to obtain an immigration benefit.
Our immigration lawyers in Queens can review your circumstances and help determine the appropriate process.
Adjustment of Status for Married Couples
If the foreign spouse is already in the United States and meets the applicable requirements, they may be able to apply for a Green Card through Adjustment of Status.
Depending on the case, the process may involve:
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Financial sponsorship documentation
- Medical examination
- Supporting evidence of the marriage
- Biometrics
- A USCIS interview
For certain immediate relatives of U.S. citizens, Form I-130 and Form I-485 may be filed together when the applicable requirements are satisfied.
Consular Processing for a Spouse Outside the United States
If your husband or wife lives outside the United States, the marriage-based immigration process will generally involve consular processing.
After the immigrant petition reaches the appropriate stage, the case may proceed through the National Visa Center and the applicable U.S. embassy or consulate.
Our attorneys can assist with the petition, supporting documents, financial sponsorship requirements and preparation for the immigrant visa interview.
What Evidence Is Needed for a Marriage Green Card?
USCIS may look closely at whether your marriage is genuine. Couples should therefore be prepared to provide documentation supporting their relationship.
Depending on your circumstances, evidence may include:
- Marriage certificate
- Joint lease or mortgage
- Joint bank or financial accounts
- Insurance policies
- Joint tax documents
- Birth certificates of children
- Photographs together
- Travel records
- Correspondence and other evidence of your relationship
There is no single document that proves every marriage is genuine. The appropriate evidence depends on your relationship and circumstances.
Marriage Green Card Interview
Some applicants may be required to attend a marriage-based Green Card interview.
During the interview, immigration officials may ask questions about the relationship, marriage, living arrangements and information contained in the immigration application.
Our attorneys help clients understand what to expect, review their applications and supporting evidence, and prepare for potential questions before the interview.
Conditional Green Cards and Form I-751
If permanent residence is granted when the marriage is less than two years old, the foreign spouse generally receives conditional permanent resident status for two years.
Eligible conditional residents generally must later file Form I-751, Petition to Remove Conditions on Residence, to seek removal of those conditions.
Couples should pay close attention to the applicable filing period and documentation requirements.
What If Your Marriage Immigration Case Is Complicated?
Marriage-based immigration cases can become more complex when there are issues involving:
- Previous marriages
- Previous visa or immigration applications
- Visa overstays
- Entry without inspection
- Criminal history
- Prior removal or deportation proceedings
- Inadmissibility concerns
- Requests for Evidence (RFEs)
- Questions concerning the legitimacy of the marriage
A complicated immigration history does not necessarily mean that you have no options. It does mean that your individual circumstances should be carefully reviewed before filing.
If you are also facing removal proceedings, our deportation defense lawyers in Queens can review how the removal case may affect your immigration options.
How AH Law Firm PLLC Can Help
AH Law Firm PLLC assists couples through each stage of the marriage immigration process, including:
- Marriage-based Green Card applications
- I-130 petitions
- Adjustment of Status
- Consular Processing
- Spousal immigrant visas
- Marriage Green Card interview preparation
- Requests for Evidence
- Conditional Green Cards and removal of conditions
- Complex marriage immigration matters
Every couple’s immigration history is different. We review your circumstances, explain the available process and help prepare the required applications and supporting evidence.
Marriage Immigration Lawyer in Queens and New York City
AH Law Firm PLLC serves individuals and families throughout Queens, Manhattan and New York City.
If you are a U.S. citizen or lawful permanent resident seeking to sponsor your spouse—or you are the foreign spouse seeking permanent residence—our immigration attorneys can help you understand the next steps.
Contact AH Law Firm PLLC to schedule a consultation about your marriage-based immigration case.
Frequently Asked Questions About Marriage-Based Immigration
Can I get a Green Card by marrying a U.S. citizen?
Marriage to a U.S. citizen can provide a basis for applying for permanent residence, but marriage itself does not automatically provide a Green Card. The foreign spouse must complete the applicable immigration process and satisfy eligibility requirements.
Can a Green Card holder sponsor a spouse?
Yes. A lawful permanent resident can petition for a qualifying spouse. However, visa availability and the process can differ from cases involving spouses of U.S. citizens.
Can I apply for a marriage Green Card if I overstayed my visa?
An overstay can affect an immigration case differently depending on factors including the sponsoring spouse’s status and the applicant’s immigration history. Have your individual circumstances reviewed before filing.
What if my spouse lives outside the United States?
The foreign spouse will generally pursue an immigrant visa through consular processing rather than adjustment of status in the United States.
Do we need to prove our marriage is real?
USCIS requires applicants to establish that the marriage is bona fide—meaning it was entered into in good faith and not primarily to obtain an immigration benefit.
How long does a marriage-based Green Card take in New York?
There isn’t one processing time that applies to every case. Timing varies according to the type of application, USCIS workload, visa availability where applicable, consular processing and the circumstances of the individual case. Current processing information should be checked before relying on an estimated timeline.
Do we need a lawyer for a marriage Green Card?
An attorney is not mandatory for every marriage-based application. Couples may choose legal representation to help determine eligibility, prepare forms and evidence, respond to complications, and prepare for the immigration process.