Marriage Petitions

Marriage Petitions / Spousal Petitions

Marriage Adjustment of Status and Marriage Consular Processing

US citizens and Legal Permanent Residents (LPRs) may both petition for their spouses to receive Legal Permanent Residence (a Green Card) in the US. By choosing to work with our firm, you will be walked every step of the way through the process by an immigration attorney.

We work with the Cincinnati USCIS Field Office and USCIS Regional and National Field Offices throughout the US. We provide up to date Cincinnati immigration processing timelines, as well as regional and national timelines throughout the US and at US emabssies and consulars around the world.

Each year our attorneys represent more than 200 couples with Marriage Adjustment of Status, Marriage Consular Processing IR-1, and K-1 Fiancé cases. For those facing issues in cases they filed without a lawyer or with another lawyer, we regularly handle taking over cases and responding to Notices of Intent to Deny (NOIDs), and filing appeals to the Board of Immigration Appeals (BIA).

Your attorney will...

Analyze your case to determine all of your options and whether a waiver of inadmissibility may be required.
Explain all of the immigration benefits that you may be eligible for.
Recommend the best options to obtain LPR status.
Complete and submit your petition to immigration.
Speak for you in discussions with USCIS and/or DOS.
Monitor your case and provide updates as the case is reviewed by USCIS and/or DOS.
Prepare you for your marriage interview.
Attend your marriage interview for Adjustment of Status.
Trouble shoot all issues and delays.
Respond to all of your questions as quickly as possible, and never more than one business day later.

We encourage our clients to come visit us in person for a free consultation before beginning their case, but as long as you have access to phone and email we can work with you to prepare your petition no matter where you are living in the world.

For a free consult over the phone or to set a free consult up in our office just give us a call or send us an email.

Click here for more details on same-sex marriage petitions...

Click here for an article on common mistakes people make on their K-1 Fiancé and Marriage cases...

Canadian's click here to read a recent article by Attorney Christopher M. Pogue, Esq on Common Immigration Mistakes Made when a Foreign National Marries a US Citizen... This article was written for the Canadian "Law Now" Magazine, but is widely applicable to couples from anywhere in the world.

How long does a marriage green card take?

For spouses of US citizens, a marriage green card through adjustment of status (if the spouse is in the US) currently takes approximately 4 to 24 months. Consular processing for spouses abroad takes roughly 18 to 24 months today. Spouses of US citizens are considered immediate relatives; so there is no visa backlog. Spouses of green card holders face longer waits due to annual visa caps. Processing times vary based on USCIS workloads and the specific field office handling your case.

What is the difference between adjustment of status and consular processing?

Adjustment of status is the process used when the foreign spouse is already legally inside the United States they apply to change their status to permanent resident without leaving the country. Consular processing is used when the foreign spouse is abroad they go through a US embassy or consulate in their home country to obtain an immigrant visa, then enter the US as a permanent resident. The end result is the same (a green card), but the process, timeline, and requirements differ. Your attorney can recommend which path is best for your situation.

Can my spouse work while the green card is pending?

Yes, but only after receiving an Employment Authorization Document (EAD). After filing the adjustment of status application (Form I-485), you can simultaneously file for a work permit (I-765). The EAD allows your spouse to work legally for any US employer while the green card is pending. Your spouse may also apply for a travel document (advance parole) at the same time to allow international travel.

What documents do I need for a marriage green card?

Core documents typically include: a certified copy of your marriage certificate, birth certificates for both spouses, valid passports, divorce or death certificates for any prior marriages, financial support documentation (tax returns, pay stubs, employment letter), police clearance certificates, and medical examination results. USCIS may also request additional evidence of the bona fide nature of your marriage, such as joint financial accounts, lease agreements, or photos together. Your attorney will provide a complete, case-specific document checklist.

What happens at the green card interview?

For marriage green card applicants, the interview is conducted at a local USCIS field office (in Cincinnati, this is the Cincinnati Field Office). Both spouses typically attend together. A USCIS officer will ask questions about your relationship how you met, your daily life together, your home, and your plans to verify the marriage is genuine and not entered into for immigration purposes. The interview usually lasts 20 to 45 minutes. Your attorney will prepare you for the types of questions asked and participate with you during the interview.

Can I travel outside the US while my green card is pending?

Traveling outside the US while your green card is pending is risky and should not be done without first obtaining advance parole a travel document that allows you to re-enter the US while your application is pending. Leaving without advance parole will typically be considered an abandonment of your application. You can apply for advance parole at the same time you file your green card application. Travel is not permitted until the advance parole document is physically in your hands.

What is a conditional green card and how do I remove conditions?

If your marriage was less than 2 years old when your green card was approved, you will receive a conditional green card valid for 2 years rather than a standard 10-year green card. Before the conditional green card expires, you must file Form I-751 (Petition to Remove Conditions on Residence) ideally during the 90-day window before expiration. You and your spouse file jointly and must provide evidence that your marriage is ongoing and genuine. If approved, you receive a standard 10-year green card.

What is a "bona fide" marriage?

In order to petition for a spouse, whether you are a just married or you are celebrating 30 years of marriage, United States immigration law requires that citizens and LPRs prove their marriage is "bona fide" before they can sponsor their foreign national spouses to live in the US. Under current immigration law, a bona fide marriage is one where the couple intends "to establish a life together and assume certain duties and obligations." See Lutwak v. United States, 344 U.S. 604 (1953).

What is the penalty for a Sham Marriage?

Up to 5 years in federal prison, plus a fine of up to $250,000, ineligibility for other immigration benefits, and removal from the US.

Who has the Burden to prove that a marriage is bona fide?

The “Burden of Proof” is on the petitioner (the US citizen) in a visa proceeding to establish eligibility of their foreign national spouse for LPR status. Matter of Brantigan, 11 I &N Dec. 492 (BIA 1966).

What is LPR / Green Card status?

LPR status allows a foreign national to live, work, and travel in the US indefinitely, and provides eligibility for becoming a US citizen in the future. In general, the only way to lose LPR status is by committing a crime or residing abroad without seeking advance permission prior to leaving the US.

Can a US citizen sponsor their foreign national spouse for US citizenship and skip the Green Card?

Unfortunately you cannot directly file for a foreign national spouse to be a US citizen, they must first be a LPR for at least 3 years before the foreign national can apply for citizenship via naturalization.

What is a Sham Marriage?

A sham marriage has been defined by the Board of Immigration Appeals as a marriage which may comply with all the formal requirements of the law but which the parties entered into with no intent, or "good faith", to live together and which is designed solely to circumvent the immigrations laws. Sham marriages are not recognized for immigration purposes. See Matter of Patel, 19 I&N Dec. 774 (BIA 1988).

According to USCIS, indicators of a Sham Marriage include the following:

Large disparity of age;
Inability of petitioner and beneficiary to speak each other's language;
Vast difference in cultural and ethnic background;
Family and/or friends unaware of the marriage;
Marriage arranged by a third party;
Marriage contracted immediately following the beneficiary's apprehension or receipt of notification to depart the United States;
Discrepancies in statements on questions for which a husband and wife should have common knowledge;
No cohabitation since marriage;
Beneficiary is a friend of the family;
Petitioner has filed previous petitions on behalf of aliens, especially prior alien spouses.