Green Cards through Marriage

       Immigrant visas are always immediately available for the spouses of U.S. citizens.  There are two ways in which your immigrant spouse can obtain his/her green card—either through (1) Adjustment of Status in the United States, or (2) Consular Processing at a foreign consulate.  Each of these processes achieves the same result, but they are very different procedurally.

       The adjustment of status application is filed in the United States, and therefore is only to be used if your foreign spouse had a valid visa when he/she entered the U.S.  Even if your spouse’s status has since expired, he/she may still be able to adjust status in the United States.  If you married outside the United States and/or your spouse does not currently have a visa to come to the U.S., your spouse would need to consular process.  Please note that if your foreign spouse ever entered the U.S. unlawfully, he/she may be need to pursue a Hardship Waiver before being able to obtain Lawful Permanent Residence.

       The main issue when it comes to obtaining a green card through marriage is demonstrating that the marriage relationship is bona fide.  This usually requires extensive documentation throughout the application process as well as a detailed interview of both parties by an immigration officer.  Please contact our office so we can guide you through the green card process that is best for you and your spouse.

       If you and your significant other are not yet married, please visit our section on The Fiancé Visa.

William J. Flynn, III is a member of the Firm's Board of Directors and leader of the Immigration Practice Group. His practice includes a large immigration practice representing foreign nationals and U.S. corporations that employ foreign nationals. He represents clients before the U.S. Department of Homeland Security, U.S. Department of Labor and U.S. Department of State. Mr. Flynn is Board Certified by The Florida Bar in Immigration and Nationality Law. Mr. Flynn is AV peer review rated by Martindale-Hubbell. He received his B.A. from Georgetown University and his J.D. and M.B.A. degrees from the State University of New York.