Marriage-Based Green Card Lawyer
If you’re planning to bring your spouse to the United States or seeking to adjust your own status through marriage, working with a marriage-based green card lawyer at ARM Lawyers can make a significant difference. Our experienced immigration attorney, Lauren Allu, is committed to helping couples navigate the complexities of marriage-based green cards and marriage based visas, ensuring a smoother path toward lawful permanent residency.
Understanding Marriage-Based Green Cards
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident (green card holder) to become a permanent resident of the United States. Unlike other family-based categories, marriage-based immigration often provides a more direct path to a green card—especially for spouses of U.S. citizens.
Key Benefits:
- Direct Path to Permanent Residence: Spouses of U.S. citizens face fewer delays due to visa availability.
- Pathway to U.S. Citizenship: After maintaining permanent resident status for the required period, green card holders may apply for U.S. citizenship.
Our marriage-based green card lawyer will help you determine the best approach for your situation, whether you’re applying from abroad or adjusting status within the U.S.
Marriage-Based Green Card Categories
Marriage-based immigration falls into a few key visa categories. Each is designed to facilitate the lawful entry or status adjustment of a foreign spouse.
Immigrant Visas for Spouses:
- IR-1 (Immediate Relative Spouse Visa): For spouses of U.S. citizens who have been married for more than two years. Leads directly to a permanent (10-year) green card.
- CR-1 (Conditional Resident Spouse Visa): For spouses of U.S. citizens married less than two years at the time of visa issuance. Results in a conditional green card valid for two years. After two years, file Form I-751 to remove conditions.
Marriage-Based Nonimmigrant Visas Leading to Green Cards:
- K-1 (Fiancé(e) Visa): For foreign fiancé(e)s of U.S. citizens. Requires marriage within 90 days of entry, followed by adjustment of status to a green card.
- K-2 Visa: For unmarried children under 21 of a K-1 visa holder.
- K-3 (Nonimmigrant Spouse Visa): For spouses of U.S. citizens who have a pending Form I-130. Allows entry to the U.S. to await immigrant visa approval, then adjust status to a green card.
- K-4 Visa: For unmarried children under 21 of a K-3 visa holder.
As a marriage-based visa lawyer, Attorney Allu will help you identify which category best suits your timeline and circumstances, and guide you in preparing a strong, accurate application.
Marriage-Based Green Card Priority Dates
For spouses of U.S. citizens, priority dates generally don’t apply since immigrant visas are immediately available. Spouses of lawful permanent residents, however, fall under the F2A preference category, and a priority date will determine when a visa becomes available.
Key Points:
- Immediate Relatives (IR/CR Categories): No annual visa limits, so no waiting based on priority dates.
- F2A Category (Spouse of LPR): Subject to annual numerical limits. Check the Visa Bulletin to know when your priority date is current.
Our marriage-based green card lawyer can help you understand the Visa Bulletin, track your priority date, and advise on strategies if you’re affected by backlog delays.
Marriage-Based Green Card Process
The marriage-based green card process involves several steps and careful documentation. The procedure depends on whether you’re inside or outside the U.S. and your spouse’s immigration status (U.S. citizen or lawful permanent resident).
General Steps:
- File the Petition (Form I-130): Filed by the U.S. citizen or lawful permanent resident to establish the marital relationship.
- Petition Approval: Once approved, proceed with either consular processing or adjustment of status.
- Consular Processing or Adjustment of Status:
- Consular Processing: For spouses living abroad, you’ll apply for an immigrant visa at a U.S. embassy or consulate.
- Adjustment of Status (Form I-485): For spouses in the U.S. under a lawful status, allowing them to obtain a green card without leaving the country.
- Medical Examination & Interview: Completion of a medical exam and attending an interview to confirm eligibility.
- Green Card Issuance: Approval leads to either a permanent green card (IR-1) or a conditional green card (CR-1).
USCIS Forms for Marriage-Based Visas and Green Cards
Securing a marriage-based visa or green card requires submitting the correct forms to U.S. Citizenship and Immigration Services (USCIS). Each form serves a specific purpose, and choosing the right forms is essential to ensure a smooth application process.
Common USCIS Forms:
- Form I-129F (Petition for Alien Fiancé(e)): Used by a U.S. citizen to bring a foreign fiancé(e) to the U.S. on a K-1 visa. Once the fiancé(e) enters the U.S. and the marriage occurs, the foreign spouse can file for adjustment of status to become a green card holder.
- Form I-130 (Petition for Alien Relative): Filed by a U.S. citizen or lawful permanent resident to establish a qualifying family relationship, including a spouse, for an immigrant visa or adjustment of status.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): Submitted by the foreign spouse inside the U.S. to adjust from a temporary status (K-1, student, tourist, etc.) to a green card holder. This form can be filed concurrently with the I-130 in certain cases.
- Form I-864 (Affidavit of Support): Completed by the sponsoring spouse (and possibly co-sponsors) to demonstrate the financial ability to support the foreign spouse, preventing reliance on government assistance.
- Form I-751 (Petition to Remove Conditions on Residence): Filed by conditional residents (CR-1 holders) before the end of the two-year period to remove conditions and obtain a 10-year green card.
Additional Forms:
- Form I-765 (Application for Employment Authorization): Allows the foreign spouse applying for adjustment of status to request a work permit while the green card application is pending.
- Form I-131 (Application for Travel Document): Enables the applicant to travel outside the U.S. while the I-485 (adjustment of status) is pending, without abandoning the application.
Our marriage-based green card lawyer can help you determine which forms you need, ensure they are accurately completed, and guide you through assembling a strong supporting evidence package.
Marriage-Based Visa Processing Time
The marriage-based green card processing time varies based on multiple factors:
- Immediate Relatives of U.S. Citizens: Generally faster due to visa availability.
- Spouses of LPRs (F2A Category): Potentially longer due to priority date backlogs.
- USCIS and NVC Workloads: Processing times may vary by service center and country of origin.
- Completeness of Application: Errors can lead to delays or Requests for Evidence.
Your marriage-based visa lawyer will provide an estimate of processing times and work to prevent common delays.
Marriage-Based Green Card Wait Time
For immediate relatives of U.S. citizens, there is typically no waiting for visa availability—the main delays come from USCIS processing. Spouses of LPRs may wait longer depending on the Visa Bulletin’s cutoff dates.
Factors Affecting Wait Times:
- Annual Caps: Some categories have annual numerical limits.
- Country of Chargeability: High-demand countries may face longer queues.
- Case Complexity: More complex cases can take longer to resolve.
Your marriage-based green card lawyer will explain the expected timeframe, help you understand any backlogs, and keep you updated throughout the process.
Why Choose ARM Lawyers as Your Marriage-Based Visa Lawyer
When you work with ARM Lawyers:
- Personalized Guidance: We tailor our approach to your family’s unique situation.
- Expert Legal Knowledge: Attorney Lauren Allu’s extensive immigration experience ensures competent and strategic counsel.
- Comprehensive Support: From selecting the correct forms to interview preparation, we handle every detail so you can focus on your future together.
Contact Our Marriage-Based Green Card Lawyer Today
If you need assistance with marriage-based green cards, marriage based visas, or any aspect of bringing your spouse to the U.S., contact ARM Lawyers for a free consultation. We’ll evaluate your case, explain your options, and guide you through the necessary USCIS forms and processes to achieve your immigration goals.
