Marriage-based residency

How it works

• The citizen or resident spouse files the family petition (Form I-130) with proof that the marriage is real: shared life, accounts, photos, children, statements from people who know you.
• If you entered with a visa or were inspected, and your spouse is a citizen, you can usually apply for adjustment of status (I-485) without leaving the country, even if the visa has expired.
• If you entered without inspection, as a general rule you cannot adjust inside the country. The path is consular processing in your home country, often with a provisional waiver (I-601A) approved before you travel.
• If your spouse is a resident, not a citizen, you must wait for a visa to become available in the visa bulletin, and your immigration situation does not change during that wait.
• If the marriage is less than two years old when residency is approved, the green card is conditional for two years. You then file Form I-751 to remove the condition.

What the attorney does

• First determines which path applies and whether there is an obstacle: a prior entry, a removal order, a criminal record, a past misrepresentation.
• Prepares the petition and application with the marriage evidence organized the way USCIS reviews it, and prepares you for the interview.
• If a waiver is needed, documents extreme hardship to your citizen or resident spouse or parent before you travel.
• Attends the interview with you and answers any request for additional evidence.

What to bring to the consultation

• Marriage certificate and, if there were earlier marriages, divorce papers for both of you.
• Passport, visa and I-94 from your entry, or the date and place where you entered without inspection.
• Proof of your spouse's status: naturalization certificate, passport or green card.
• Any prior immigration paper: applications, notices, orders.
• Papers from any criminal case, even if closed.

Common questions

I entered without papers and married a citizen. Can I fix it here?

As a general rule, no: entry without inspection prevents adjustment inside the country. The path is consular processing, usually with a provisional waiver approved before leaving. There are exceptions (for example, an old petition filed before April 30, 2001), worth reviewing with the attorney.

How long does it take?

It depends on the path, the USCIS center and your spouse's status. The attorney gives you a realistic range based on published times at filing, not a date.

What if we divorce during the process?

A spousal petition depends on the marriage. If there was abuse, the law allows a separate self-petition (VAWA). Talk to the attorney before making decisions.

Does my spouse have to earn a certain amount?

Yes. The sponsor signs an affidavit of support (I-864) and must show enough income for the household size, or find a joint sponsor.

Can I work while I wait?

If you file adjustment of status inside the country, you can request a work permit with the application. In consular processing there is no work permit while you wait.