Marriage‑Based Green Cards (Spouse)

Marriage-Based Green Cards: Building a Life Together in the U.S.

A marriage green card, often called a spousal green card or marriage‑based green card, allows a foreign national married to a U.S. citizen or lawful permanent resident to live and work permanently in the United States.

At Cho Law LLC, NY- NJ based immigration firm serving clients across New York, New Jersey, and all other states in the U.S., we guide couples through every step of this process. Obtaining a spousal visa or spousal green card secure permanent residency, work authorization, and a future path to U.S.

Why Choose a Marriage-Based Green Card?

The U.S. immigration system prioritizes family unity, making it possible for U.S. citizens and lawful permanent residents to sponsor close family members. Bringing loved ones to the U.S. offers numerous benefits, including:

• The ability to live and work permanently in the U.S.
• Access to healthcare, education, and employment opportunities
• A pathway to U.S. citizenship for eligible green card holders
• Family stability and security for future generations

Eligibility Requirements

To qualify for a marriage‑based green card:

• You must be legally married to a U.S. citizen or lawful permanent resident.
• The marriage must be bona fide, not solely for immigration purposes.
• You cannot have disqualifying criminal or immigration violations.
• Prior marriages must be lawfully terminated.

If you live apart for work or family reasons, USCIS accepts that, provided you supply ample evidence of your ongoing relationship.

Step by Step Overview of the Marriage Green Card Process

The marriage based green card process follows a structured sequence, but the documentation, timing, and strategy at each stage can vary based on the couple’s immigration history and current location. A clear understanding of each step helps reduce delays and avoid common filing errors.

Filing Form I-130 and Supporting Evidence

The process begins with Form I-130, which establishes that a valid marriage exists and that the relationship is genuine. USCIS reviews both the legal validity of the marriage and the evidence of a shared life.

• Marriage certificate and proof of legal marriage
• Joint financial records such as bank accounts, taxes, or insurance
• Evidence of shared residence
• Photographs and correspondence
• Affidavits from individuals with personal knowledge of the relationship

Filing Form I-485 or Consular Processing

After the I-130 filing, the case proceeds through adjustment of status or consular processing, depending on where the foreign national spouse is located and whether they are eligible to file in the United States.

• Adjustment of status for spouses physically present in the United States
• Consular processing for spouses applying through a US embassy or consulate abroad
• Careful evaluation of prior overstays, employment history, or visa issues

Biometrics and USCIS Background Review

USCIS schedules a biometrics appointment to collect fingerprints and photographs. This step allows the government to complete required security and background checks.

• Fingerprinting and photo collection
• Review of criminal and immigration history
• Verification of information across prior filings

Marriage Based Green Card Interview

Most marriage based green card cases require an in person interview with USCIS to confirm the authenticity of the relationship and review the application.

• Questions about the relationship history and daily life
• Review of submitted documents
• Clarification of any inconsistencies or missing information

Proving Your Marriage Is Real (Bona Fide Marriage)

USCIS focuses on the authenticity of your relationship rather than your mailing address. Acceptable evidence includes:

• Joint bank accounts, loans or credit cards.
• Shared leases, mortgages or utility bills.
• Photos over time showing life events.
• Records of regular communication (messages, emails, phone logs).
• Affidavits from friends or family.
• Proof of visits if you live apart.

How Cho Law LLC Helps Couples Secure Spouse Visas

• Strategic Planning: We evaluate your case and recommend the best family-based immigration option.
• Comprehensive Documentation: We ensure all necessary forms and supporting evidence are properly filed.
• Petition Preparation: We craft persuasive petitions that establish your family’s eligibility for a green card.
• Legal Representation: We communicate with USCIS, the National Visa Center, and consular offices on your behalf.

Frequently Asked Questions (FAQs)

Q: How long does a marriage green card take in New Jersey?

• Processing times range from 10 months to two years. Adjustment of status cases inside the U.S. typically run 12–24 months, while consular processing often takes 10–16 months. Factors include USCIS workload, completeness of documentation, and whether the sponsoring spouse is a citizen or permanent resident.

Q: Do we need to live together to obtain a spousal green card?

• No. USCIS focuses on evidence of a bona fide marriage rather than cohabitation. However, they should provide strong proof of their ongoing relationship.

Q: Can I work while my spouse visa application is pending?

• Yes. At the time of filing Form I‑485 or after, you may apply for an Employment Authorization Document (EAD) to work legally in the U.S. You may also apply for advance parole for travel; do not travel outside the U.S. until you receive advance parole or your case may be considered abandoned.

Q: What documents are required for a marriage‑based green card?

• Essential documents include birth certificates, passports, your marriage certificate, proof of termination of prior marriages, financial records, photos, etc. Since December 2024, the I‑693 medical exam must accompany the I‑485.

Q: Will we need to attend a marriage based green card interview?

• Most marriage based green card applications require an interview with USCIS. The interview allows the officer to verify the authenticity of the marriage and review the application. Some cases may be approved without an interview, but this is discretionary and cannot be guaranteed. Proper preparation helps reduce stress and avoid inconsistencies.

Q: What questions are asked at a marriage green card interview?

• Interview questions typically focus on the couple’s relationship history, daily routines, shared residence, and future plans. Officers may also ask questions to confirm information already submitted in the application. The purpose is not to test memory but to evaluate credibility and consistency.

Q: Can a marriage green card be approved if the beneficiary spouse overstayed or worked without authorization?

• In many cases, yes, particularly when the sponsoring spouse is a US citizen. However, prior immigration violations can affect eligibility and strategy. Each case must be evaluated individually to identify risks and determine the appropriate filing approach.

Q: Do we need a marriage green card attorney in New York or New Jersey?

• While it is possible to file without legal representation, marriage based green card cases often involve factual nuances and procedural risks. Working with an attorney familiar with USCIS practices in New York and New Jersey can help identify issues early, prepare the case strategically, and respond effectively to USCIS inquiries.

Q: What happens if USCIS issues a Request for Evidence?

• A Request for Evidence means USCIS needs additional information before making a decision. The response must be timely, complete, and carefully structured. How an RFE is addressed can significantly affect the outcome of the case.

Q: What is the difference between a conditional and a permanent green card?

• If your marriage is less than two years old at approval, you receive a conditional green card valid for two years. You must file Form I‑751 within 90 days before expiration to remove conditions. If the marriage is over two years old at the time of approval, the green card is valid for ten years.

Q: When can I apply for U.S. citizenship?

• Spouses of U.S. citizens can apply for naturalization after three years of permanent residency (instead of the usual five years), provided they have lived in marital union and meet the other requirements.

Contact Our Office Today

If you are ready to start the marriage green card process, Cho Law LLC can help. We serve clients throughout New Jersey and New York, providing personalized guidance at each stage. Schedule a consultation with our immigration lawyer to discuss your case and begin your journey toward permanent residency.