A marriage-based green card grants a foreign national spouse lawful permanent resident status in the United States. It allows them to live, work, and build a life here permanently.
This is different from temporary visas such as the K-1 fiancé visa or other non-immigrant options. A marriage visa lawyer can help you understand the difference and which path fits your situation. Once your foreign spouse has a green card, they are on the path to full United States citizenship, if they choose to pursue it.
Every case is different. Speak with a qualified immigration attorney to know and understand how the law applies to your specific situation
If you are a U.S. citizen married to a foreign national, your spouse is considered an "immediate relative." This is the fastest and most direct route to a green card. There is no annual visa cap for immediate relatives, so there is no waiting in line based on country of birth.
If you’re a green card holder or a lawful permanent resident rather than a U.S. citizen, your spouse still qualifies. But the process falls under a preference category with an annual numerical limit. This means wait times are longer and vary depending on your foreign spouse's country of origin.
It's worth noting that unmarried children under 21 who are accompanying or following to join a parent in an approved marriage-based green card case may also be included in the petition under certain circumstances.
Already a green card holder who needs to renew? Understand the green card renewal process, including how to file Form I-90 to maintain your permanent resident status.
The green card application process for a marriage-based case typically involves two main pathways, depending on where your spouse currently lives.
Path 1: Adjustment of Status (Form I-485)
If your foreign spouse is already living inside the United States on a valid visa, they can apply to adjust their immigration status to lawful permanent residency without leaving the country. This involves the Application to Register Permanent Residence (Form I-485) along with Form I-130, Petition for Alien Relative.
Path 2: Consular Processing
If your foreign national spouse is living abroad, the case goes through an embassy in their home country or a U.S. consulate. The U.S. citizen or green card holder’s spouse files Form I-130. Once it’s approved, the case is transferred to the National Visa Center (NVC) and eventually to a consular post for an immigrant visa interview.
Both paths require a strong application package and careful coordination. Our immigration services are designed to take the guesswork out of which forms to file and when.
One of the most common reasons marriage green card cases get delayed or denied is incomplete documentation. Here is what is typically required:
Valid marriage certificate (must be official and government-issued)
USCIS must be convinced that your marriage is a bona fide marriage - meaning it is real, not entered into solely for immigration benefits. Evidence includes:
-Joint bank account statements
-Lease or mortgage documents showing both spouses at the same address
-Photos together over time (especially from before the green card process)
-Communication records (texts, emails, calls)
-Affidavits from people who know you well
-Passport copies for both spouses
-Birth certificate for the foreign national spouse (and the U.S. sponsor, in some cases)
-Proof of U.S. citizenship or lawful permanent resident status for the petitioning spouse
-Form I-864 (Affidavit of Support) showing the sponsoring spouse meets the income threshold.
The list can feel overwhelming. That is why having a green card lawyer review your documents before you file can prevent costly mistakes.
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The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.
If you or a family member is facing deportation to your home country, the immigration attorneys at Hacking Immigration Law, LLC, may be able to help you fight deportation. Please fill out our contact now.
The attorneys at the Hacking Immigration Law are dedicated to helping the foreign-born people of St. Louis to live and work in the United States. This dedication is reflected in the kind and grateful words of the clients they have helped. Read what others have to say about the hard work that the Hacking Immigration Law has done to help those in St. Louis.
Your spouse belongs here with you. Let Hacking Immigration Law, LLC handle the paperwork, the process, and the pressure, so you can focus on what matters most.
Book your consultation today, and let's bring your spouse home.
