Who is Eligible?
If you have recently married a U.S. citizen or U.S. permanent resident, you may be able to obtain a green card through a process called Adjustment of Status without leaving the U.S. if you entered legally. The spouse of a U.S. Citizen is considered an “immediate relative” so there are no waiting periods other than the normal processing time-frames to complete the process to obtain a green card.
About the Process:
Almost all marriage-based green card filings involve a personal interview at a local (district) office which is to be attended by both the US Citizen spouse and their foreign national spouse. If the couple retains a qualified immigration attorney, the attorney can also be present at this interview. The goal of the interview, besides confirming the truthfulness of the application, is to demonstrate (often through joint documentation) that the marriage is legitimate. At the conclusion of the interview, if the case is approved but the marriage is less than two years old, then the spouse will be granted a “conditional” green card, valid for two years. It is critical that the couple then file a petition in two years’ time to “remove” the condition on the green card. Each case is unique, so let me help you decide which is the best course of action.
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