U.S. immigration law allows eligible U.S. citizens and Lawful Permanent Residents (Green Card holders) to file immigrant petitions for their spouses to obtain permanent residency.
However, eligibility depends on several key factors, including whether the couple is legally free to marry and whether the marriage is bona fide (entered into in good faith, not solely for immigration benefits).
Who Is Eligible to Marry Under U.S. Immigration Law?
Under the Immigration and Nationality Act (INA), the term “spouse” has a specific legal meaning. To qualify:
- Only U.S. citizens or Lawful Permanent Residents can file an immigrant petition for their spouses
- Both parties must be unmarried, widowed, or legally divorced
- Virtual, online, or proxy marriages are recognized only if valid in the country where performed and consummated after the marriage
- Petitioners with certain criminal convictions may face restrictions under the Adam Walsh Act
- The foreign national spouse may be deemed inadmissible if they have certain criminal charges or convictions
What is the process like?
Here’s a simplified breakdown of the steps:
- Confirm Eligibility – Speak with our office to confirm that you qualify to marriage-based Green Card petition for your spouse, and that your spouse is eligible to receive a Green Card. Based on your family, immigration, criminal, and employment histories, there may be factors that could affect eligibility.
- Gather Documentation – Collect evidence of your relationship, biographical information, and other relevant legal documents.
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- At our office, we work to prevent unnecessary delays by providing each client with a personalized checklist tailored to their specific case. These checklists outline all required documentation and are delivered electronically via email and text message alerts for convenience.
- To help clients stay on track, we also send regular reminders until all items are submitted and the file is complete, which ensures a smooth and timely preparation process.
- File Form I-130 (Petition for Alien Relative) – This petition establishes your relationship and proves your U.S. immigration status.
- We assist families with completing the I-130 petition and submitting all required supporting documents.
- Our tailored support reduces the risk of rejection, denial, or delays caused by Requests for Evidence (RFEs).
- U.S. citizens may also file the I-485 (Adjustment of Status), I-765 (Work Authorization), and I-131 (Travel Authorization) at the same time.
- Attend the Biometrics Appointment – Your spouse may be scheduled for an ASC biometrics appointment to provide fingerprints and photographs. This information is used to conduct a criminal background check.
- Attend the Marriage-Based Green Card Interview – You and your spouse will attend an interview at a local USCIS Field Office. Be prepared to present original and updated documents, and to answer questions about your family background, immigration history, employment, and the details of your relationship.
- At our office, we provide clients with mock interviews to help prepare for the real experience. This allows families to understand the types of questions typically asked and the reasons behind them. Mock interviews can be conducted by phone, virtually, or in‑person depending on the client’s preference.
- Receive the Green Card – Upon a successful interview and background check, your spouse will receive their Permanent Resident Card (Green Card) by mail. We scan a copy for your records and securely forward the original to your designated address.
Advice & Final Thoughts
Sponsoring your spouse for a Green Card is one of the most meaningful immigration benefits U.S. citizens or Lawful Permanent Residents can offer, but it must be done carefully to avoid unnecessary delays or denials. If you’re unsure about your spouse’s eligibility, or your situation involves unique legal considerations, it’s prudent to consult with an immigration attorney for guidance tailored to your family’s needs.
For more information on Can my spouse apply for a green card while already in the U.S. a consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today!
Common Questions We Can Help You With
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