Marriage-Based Immigration: Legal Pathways to a U.S. Green Card through Marriage

Under the Immigration and Nationality Act (INA), spouses of U.S. Citizens are classified as "Immediate Relatives." This is a privileged category because it is not subject to annual numerical quotas or "visa backlogs." This means that as soon as a petition is approved, a visa is immediately available. In contrast, spouses of Lawful Permanent Residents (LPRs) fall under the Family Second Preference (F2A) category, which may be subject to wait times based on the monthly Visa Bulletin.

Unlike petitions for parents or siblings, a marriage-based filing triggers a mandatory evaluation of the couple’s shared life. The government assumes that a genuine marriage involves a total merging of social and economic interests. Consequently, the volume of evidence required for a marriage based immigration case far exceeds that of other family-based categories.

The status of the petitioner dictates the timeline and the available procedural protections. U.S. Citizens can sponsor their spouses regardless of whether the spouse is currently in the U.S. Or abroad. Lawful Permanent Residents may also sponsor, but the non-citizen spouse must maintain a legal status in the U.S. To qualify for "Adjustment of Status" unless a visa is currently available and certain waivers apply.

Since the recognition of same-sex marriage at the federal level, these unions are treated identically to opposite-sex marriages for marriage based immigration purposes. For international marriages performed outside the U.S., the primary requirement is that the marriage was legal under the laws of that country and does not violate U.S. Public policy (such as polygamous or certain consanguineous marriages.

If the spouse is already in the U.S. After a "lawful entry," they may apply for Adjustment of Status (Form I-485). One of the most significant benefits of this pathway is that the spouse of a U.S. Citizen may still qualify for a green card even if they have overstayed their visa, provided they entered with inspection. This is a critical protection that we utilize to secure status for clients who might otherwise face removal.

If the spouse is currently living abroad, they must undergo Consular Processing at a U.S. Embassy or Consulate. This process involves a review by the National Visa Center (NVC) and a final interview in their home country. The interview risk at a consulate is often higher, as the adjudicating officers have broad discretion and limited judicial oversight compared to domestic USCIS offices.

USCIS looks for a "preponderance of evidence" showing that the couple lives together and shares their financial destiny. This includes joint bank accounts, joint tax filings, and joint insurance policies. Without a consistent history of shared responsibility, the application is highly susceptible to a "Notice of Intent to Deny" (NOID).

Certain factors can cause USCIS to trigger a more intensive bona fide marriage investigation:

• Significant age gaps between spouses.
• Lack of a shared language or common background.
• Very short courtship or marriage immediately following the non-citizen's entry to the U.S.
• Separate residences or a history of prior marriage-based filings.

Primary evidence includes documents created by neutral third parties (banks, landlords, government agencies). Secondary evidence includes photos and letters from friends, which carry significantly less weight because they are easily manufactured.

Preparation is the core of our marriage immigration lawyer services. We conduct mock interviews to ensure both spouses can answer questions regarding their daily routine, family history, and household layout. Inconsistencies regarding simple facts (such as the color of a toothbrush or what was eaten for dinner) can lead the officer to suspect fraud.

If the officer suspects the marriage is not bona fide, they may conduct a "Stokes Interview." During this process, the spouses are separated into different rooms and asked an identical set of highly detailed questions. The answers are then compared for discrepancies. A Stokes interview is a high-risk event that requires immediate legal intervention.

If the marriage is less than two years old on the day the green card is approved, the spouse receives a "Conditional Green Card" (CR-1). This status is valid for only two years. This mechanism was created specifically to prevent individuals from using a short-term marriage as a vehicle for permanent residency.

To remove the conditions and receive a 10-year green card, the couple must file Form I-751 within 90 days of the card's expiration. If the couple has divorced, the non-citizen spouse must apply for a waiver. Proving a bona fide marriage after a divorce is a high-stakes legal challenge: we must demonstrate that the marriage was genuine at the start, even if it eventually failed.

USCIS utilizes the Fraud Detection and National Security (FDNS) unit to conduct unannounced home visits and site inspections. These officers may interview neighbors or check if both spouses actually live at the claimed address.

Under Section 212(a)(6)(C)(i) of the INA, a finding of "material misrepresentation" or fraud results in a permanent bar from entering the United States. There is generally no waiver for marriage fraud. Furthermore, Section 204(c) prevents the approval of any future family or employment-based petition for an individual found to have entered into a sham marriage.