The journey to your marriage-based green card can be a complex process. Even the most determined individuals might end up feeling lost and overwhelmed. That's where our team comes in: we are your allies, paving the way for a brighter future together.
With our experience and unwavering commitment, we will skillfully handle all aspects of your spousal petition. And you get more time to focus on what really deserves your attention—building a life together in the United States.
Filing the I-130
"The journey of a thousand miles begins with a single step."
Form I-130, Petition for Alien Relative, is a crucial document in the marriage-based green card process. This form is used by a U.S. citizen or lawful permanent resident to establish their qualifying relationship with their foreign spouse and start the immigration process.
Proper completion of the I-130 requires providing detailed personal information about both spouses, evidence of the bona fide marriage, and supporting documentation such as birth certificates, marriage certificates, and proof of the petitioner's U.S. citizenship or permanent resident status.
Errors or omissions on the I-130 can lead to significant delays or even denials. Let us use our in-depth knowledge and attention to detail to ensure that your I-130 is accurately prepared, thoroughly documented, and well presented, paving the way for a successful marriage-based immigration application.
The I-485 or DS-260
Adjustment of Status vs. Consular Processing
When it comes to your marriage-based green card journey, there are two main pathways an applicant can take—Adjustment of Status or Consular Processing.
Adjustment of Status, which requires Form I-485, among others, allows the foreign spouse to apply for permanent residence from within the United States. Many couples prefer this option as it avoids the need to leave the country while their application is processing. However, because of long wait times, there may be a significant period of time in which the foreign spouse is unauthorized to work in the United States. Additionally, adjustment of status is generally only available if the foreign spouse was inspected and lawfully admitted into the U.S., otherwise known as "paroled." For some applicants, this means that adjustment is off the table.
Consular Processing, on the other hand, is required when the foreign spouse entered the U.S. without inspection or, in some cases, overstayed their authorized period of admission. It's also often the best option when the foreign spouse is still living abroad, or if they don't have another visa to legally enter the United States. In this route, the applicant must file a DS-260, leave the U.S. (if living in the United States), attend an interview at a U.S. consulate abroad, and then re-enter with an immigrant visa.
The choice between these paths largely depends on the applicant's specific situation and immigration history. Some applicants may qualify for either path. In other cases, a successful application may only benefit from adjustment of status or consular processing, but not both. That's why we're here—we take the guesswork out of your filing process.
Bona Fide Marriage Evidence
What Should You Submit?
Establishing a bona fide marriage is a critical component of the marriage-based green card process. A bona fide marriage refers to a marriage that was entered into for real and legitimate reasons. In other words, a bona fide marriage is a marriage that wasn't created solely for immigration benefits.
The U.S. government closely examines marriage-based petitions to ensure the relationship is legitimate and not entered into only for immigration purposes. As such, applicants must provide substantial evidence demonstrating their union is genuine and ongoing.
Recommended documentation includes:
-
Joint ownership of assets like bank accounts, mortgages, or vehicle titles
-
Proof of commingled finances through tax returns, utility bills, or insurance policies
-
Evidence of a shared residence through lease agreements or mail addressed to both parties
-
Photos of the couple's wedding, vacations, holidays, and major life events
-
Statements from friends, family members, co-workers, or clergy
Not all evidence should or has to be submitted, and not all evidence holds the same weight. All couples are unique—your immigration petition should be, too. That's why we strategize together how to put your best foot forward given your own very personal relationship story.
We Have Your Back
In Your Corner, Always
The process of getting a green card for your spouse can feel like an uphill battle with lots of twists, turns and roadblocks along the way. You don't have to navigate this process alone.
Even the smallest mistake can lead to costly delays keeping you and your loved one apart. That's why we handle every detail of preparing and filing your marriage petition with extra careful hands. We cross every T and dot every I, doing whatever it takes to build an airtight case from the start.
And if any issues do pop up, we'll be fighting tirelessly for you behind the scenes. With us in your corner, you can feel confident your petition is headed straight for success with as few bumps as possible.
Our goal is to make this high-stakes process as easy and worry-free for you as we can. While you're busy living your life, we'll be working hard to move your case forward and get you and your spouse's future underway.