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05 — Marriage

Marriage-based green cards, done right.

From establishing a bona fide marriage to issuing the green card, our attorneys guide couples through every step of the process.

Step 01

Establishing a bona fide relationship.

The U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS along with evidence demonstrating the legitimacy of the relationship. Concurrent filing of I-130, I-485 and supporting documentation is available to spouses of U.S. citizens — generally processed within 9 to 12 months.

Required evidence includes proof of U.S. citizenship or permanent residence, a valid marriage certificate, lawful termination of any prior marriages, and documentation of joint life — joint property, leases, financial accounts, children together, and affidavits from family and friends.

Step 02

Issuing the green card.

Adjustment of Status: Filed concurrently with Form I-130 when the foreign national spouse is lawfully present in the U.S. Includes work authorization and advance parole. The spouse cannot leave the U.S. until travel permission is approved.

Consular Processing: Initiated after I-130 approval. Involves an application to the National Visa Center and an in-person interview at the U.S. Embassy or Consulate abroad.

01

Affidavit of Support

U.S. sponsor files Form I-864, demonstrating income or assets at 125% of Federal Poverty Guidelines.

02

Conditional Residence

If married less than 2 years at issuance, a 2-year conditional green card is issued.

03

Removing Conditions

Form I-751 must be submitted in the 90 days before the second anniversary of conditional residence.

Timeline

Realistic expectations.

The marriage green card process generally takes between 10 and 38 months, depending on whether you are married to a U.S. citizen or green card holder, and whether you are inside or outside the United States.

Talk to a New York immigration attorney today.

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