Applying for a Green Card

1. What is a spousal-based green card?
A spousal-based green card allows a foreign national married to a U.S. citizen or lawful permanent resident to live and work permanently in the United States. It grants the foreign spouse permanent residency status.

 

2. Who is eligible for a spousal-based green card?
You may be eligible for a spousal-based green card if you are legally married to a U.S. citizen or lawful permanent resident, and your marriage is bona fide (entered in good faith, not for immigration purposes). Same-sex marriages are treated the same as opposite-sex marriages under U.S. immigration law.

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3. What are the steps to apply for a spousal-based green card?
The process differs depending on whether the sponsoring spouse is a U.S. citizen or a green card holder, and whether the foreign spouse is in the U.S. or abroad. Generally, the steps include:

• Filing Form I-130, Petition for Alien Relative, by the sponsoring spouse

• If the foreign spouse is in the U.S., filing Form I-485, Application to Register Permanent Residence or Adjust Status, for adjustment of status

• If the foreign spouse is outside the U.S., going through consular processing after Form I-130 is approved

• Attending a marriage-based green card interview to demonstrate the legitimacy of your marriage

 

4. Can my spouse and I apply for a green card if we are not currently living in the U.S.?
Yes. If you are living abroad and your spouse is a U.S. citizen or permanent resident, you can apply through consular processing. After the I-130 petition is approved, your case will be sent to the National Visa Center, and you will complete the process at a U.S. consulate or embassy.

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5. How long does it take to get a spousal-based green card?
The timeline varies depending on several factors, including whether your spouse is a U.S. citizen or green card holder and where the foreign spouse resides. On average, it can take between 10 months to 3 years. Processing times for spouses of U.S. citizens tend to be faster than those for spouses of green card holders.

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6. What is the difference between adjustment of status and consular processing?
Adjustment of status allows the foreign spouse already in the U.S. to apply for a green card without leaving the country. Consular processing requires the foreign spouse to apply for a visa at a U.S. consulate or embassy in their home country and enter the U.S. once the green card is approved.

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7. What evidence do we need to provide to prove our marriage is real?
You’ll need to provide documents that show your marriage is bona fide, including:

• Joint financial documents (bank accounts, tax returns, insurance policies)

• Proof of shared residence (lease agreements, mortgage statements, utility bills)

• Photos, correspondence, and affidavits from friends and family attesting to your relationship

• Any other evidence demonstrating the history and nature of your relationship

 

8. What happens during the green card interview?
During the green card interview, both spouses will be asked questions to confirm the legitimacy of the marriage. These questions may cover how you met, your daily life together, and your future plans. The goal is to ensure the marriage is not for immigration purposes only.

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9. Can my spouse work while the green card application is pending?
If your spouse is applying from within the U.S. (adjustment of status), they can apply for a work permit (Employment Authorization Document) once Form I-485 is filed. If they’re going through consular processing, they will need to wait until they receive their green card to work in the U.S.

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10. How can your law firm help with my spousal-based green card application?
Our firm specializes in family-based immigration, and our team is experienced in handling spousal-based green card applications. We will guide you through every step of the process, from preparing your forms and supporting evidence to representing you during the interview. Whether you are adjusting status or going through consular processing, we will ensure that your case is handled with care and precision.