Marriage-Based Immigration Services

Marriage-Based Immigration Pathways

Immigration through marriage offers two primary pathways to permanent residency, depending on the status of the petitioning spouse:

Marriage to a U.S. Citizen

When you're married to a U.S. citizen, you're considered an "immediate relative," which means:

• No annual visa quota limitations
• Faster processing times compared to other family-based categories
• Eligible to apply for permanent residency immediately after marriage
• Can apply for U.S. citizenship after three years of permanent residency (instead of the usual five years)

Marriage to a Lawful Permanent Resident (Green Card Holder)

If your spouse is a permanent resident (green card holder), you fall under the "family preference" category F2A, which means:

• Subject to annual visa quotas
• May need to wait for a visa number to become available
• Must wait five years of permanent residency before applying for citizenship

Eligibility Requirements

To qualify for a marriage-based green card, you must meet the following requirements:

• You must be legally married (ceremonial marriage recognized by the jurisdiction where it took place)
• The marriage must be bona fide (entered into in good faith, not solely for immigration benefits)
• If previously married, all prior marriages must have been legally terminated
• The U.S. citizen or permanent resident spouse must meet income requirements to financially sponsor the immigrant spouse
• The immigrant spouse must be admissible to the United States (not subject to grounds of inadmissibility or eligible for a waiver)

The Marriage-Based Immigration Process

The process typically involves two main pathways, depending on whether the foreign spouse is already in the U.S. or abroad:

Adjustment of Status (for spouses already in the U.S.)

If you're already lawfully in the United States, the process generally includes:

1. Filing Form I-130 (Petition for Alien Relative)
2. Concurrently filing Form I-485 (Application to Register Permanent Residence or Adjust Status)
3. Filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document), if desired
4. Attending a biometrics appointment
5. Attending an interview at a local USCIS office
6. Receiving a decision on your green card application

Consular Processing (for spouses outside the U.S.)

If you're outside the United States, the process generally includes:

1. U.S. citizen or permanent resident spouse files Form I-130 with USCIS
2. After I-130 approval, the case is transferred to the National Visa Center (NVC)
3. Completing required forms and submitting supporting documents to the NVC
4. Attending a medical examination with an authorized physician
5. Attending an interview at a U.S. embassy or consulate
6. If approved, receiving an immigrant visa to enter the U.S.
7. Receiving a green card after entry to the U.S.

Conditional Permanent Residence

If you've been married for less than two years when your green card is approved, you'll receive a "conditional" green card valid for two years. Within the 90-day period before your conditional green card expires, you must:

1. File Form I-751 (Petition to Remove Conditions on Residence)
2. Provide evidence that you're still married and the marriage is bona fide
3. Attend an interview (if required)

If approved, you'll receive a permanent green card valid for 10 years, which is renewable.

Our Marriage-Based Immigration Services

JZ Law Group provides comprehensive legal services for marriage-based immigration, including:

• Evaluating your eligibility and advising on the best pathway
• Preparing and filing all required petitions and applications
• Documenting the bona fides of your marriage
• Assisting with financial sponsorship requirements
• Preparing waivers of inadmissibility (if needed)
• Preparing you for USCIS or consular interviews
• Handling removal of conditions process
• Addressing complex issues such as prior marriages, immigration violations, or criminal issues
• Assisting with subsequent citizenship applications

Common Challenges in Marriage-Based Cases

Marriage-based immigration can involve various challenges, such as:

• Proving the bona fides of the marriage
• Addressing prior immigration violations or unlawful presence
• Overcoming financial sponsorship issues
• Navigating complex situations such as divorce during the pending application
• Handling cases involving criminal history
• Processing delays and administrative complications

Our experienced attorneys are equipped to help you navigate these challenges and develop effective strategies for your specific situation.

Why Choose JZ Law Group for Your Marriage-Based Immigration Case

Our firm understands that marriage-based immigration is not just a legal process—it's a deeply personal journey for couples. We provide compassionate and thorough representation, recognizing the unique circumstances of each relationship. Our attorneys have extensive experience with both straightforward and complex marriage cases, including those involving prior immigration issues or other complications.

We pride ourselves on our attention to detail, clear communication, and commitment to keeping families together. From the initial consultation through permanent residency and beyond, we're here to support you every step of the way.