For couples where one partner is a U.S. citizen or lawful permanent resident and the other is a foreign national, a marriage-based green card allows them to lawfully build their life together in the United States. At Dominguez Law Firm, PLLC, we help couples understand their options, complete filings accurately, and prepare for interviews, whether through adjustment of status or consular processing.
To qualify, the marriage must be legally valid and recognized where it took place. Same-sex and opposite-sex marriages are equally accepted under U.S. immigration law. The sponsoring spouse must be a U.S. citizen or green card holder, and the couple must show that their relationship is real and ongoing, not entered into solely for immigration purposes.
If the foreign spouse is in the U.S. after lawful entry, they may be eligible for adjustment of status. If abroad or otherwise ineligible to adjust status within the U.S., consular processing is required. A family immigration attorney in Miami can help determine the best approach based on your circumstances.
Adjustment of status allows an eligible foreign spouse already in the U.S. to apply for a green card without leaving the country. This route generally applies to spouses of U.S. citizens who entered the country on valid visas.
Steps include:
The marriage interview is critical. USCIS officers assess the legitimacy of the relationship. Our marriage interview preparation page offers insights to help couples feel prepared. If approved, the spouse receives a conditional or permanent green card, depending on how long the couple has been married. An experienced immigration attorney can help avoid common missteps that lead to delays.
If the foreign spouse is outside the U.S., consular processing is the appropriate path. Once Form I-130 is approved, the case moves to the National Visa Center (NVC) for document collection and fee processing. The spouse will then complete a medical exam and attend an interview at a U.S. consulate.
Steps include:
If approved, the spouse enters the U.S. as a permanent resident. This path involves coordinating with agencies in both countries. A knowledgeable immigration attorney can help ensure every step is handled accurately and promptly.
Processing times depend on the petitioner’s status and the spouse’s location. Adjustment of status for spouses of U.S. citizens generally takes 12 to 18 months, while consular processing often ranges from 14 to 20 months, depending on embassy availability.
For spouses of green card holders, the wait can exceed two years due to visa limits. A reliable immigration lawyer in Miami can help ensure complete filings and avoid unnecessary delays.
Applicants must include:
Couples who recently married or live apart for work or immigration reasons may face more scrutiny. In these cases, thorough preparation is essential. Visit our family-based petitions page to learn more about what’s required.
Once the green card is granted, the foreign spouse becomes a lawful permanent resident. If the marriage was less than two years old at approval, the spouse receives a two-year conditional green card. The couple must later file Form I-751 jointly to remove conditions and obtain a 10-year green card. This process requires updated documentation of the ongoing marriage.
Even after approval, unexpected issues can arise. If your case is delayed or denied, our team can help with appeals and follow-up filings.
Whether your spouse is already in the U.S. or waiting abroad, it’s important to begin the process as soon as possible. Government processing times can fluctuate, and early planning can prevent avoidable delays. If you’re ready to move forward, we encourage you to schedule an appointment to discuss your situation in detail.
Bringing your spouse to the U.S. through a marriage-based green card involves more than paperwork. It lays the foundation for your future together. Dominguez Law Firm, PLLC is committed to helping families reunite and remain legally protected throughout the process. We provide clear, responsive guidance on petitions, interviews, and conditional green card renewals. Our firm is here to support you with care and precision. Contact us today to begin the journey with the legal support you deserve.