If you are searching “marriage based green card lawyer,” you’re probably asking yourself many questions at once: Should we do adjustment of status in the U.S. or consular processing abroad? Can we file now or do we have to wait? What exactly proves a “real” marriage in USCIS’s eyes?
This guide walks through the main steps your lawyer will follow and what you can do to make the process smoother and less stressful.
The Basic Sequence (What Almost Every Strong Case Includes)
1) Prove the relationship (Form I-130). Your U.S. citizen or permanent resident spouse normally starts by filing Form I-130 with proof that the marriage is real: joint housing and bills, shared bank accounts, photos over time, messages, and affidavits from friends or relatives. The I-130 page explains what USCIS looks for and how to organize your evidence.
2) Pick the right path (I-485 vs. consular). If the foreign spouse is eligible to apply inside the U.S., you usually file Form I-485 and go through adjustment of status. If the spouse is abroad, or can’t adjust because of status or entry issues, the case is finished with consular processing through the National Visa Center and a U.S. embassy/consulate, following the State Department’s immigrant visa process overview.
3) File together when you are allowed (concurrent filing). Many couples ask, “Can we just send everything at once?” Sometimes, yes. Immediate relatives (like a U.S. citizen sponsoring a spouse who can adjust) can often file the I-130 and I-485 together when a visa is immediately available. The rules are spelled out on USCIS’s concurrent filing page.
4) Meet the financial requirement (Form I-864). In most marriage cases, the U.S. spouse must sign Form I-864, Affidavit of Support promising financial support at generally 125% of the poverty guidelines (100% for some active-duty military sponsors). The income thresholds by household size are listed in Form I-864P, and the details of what counts as income or assets are in the official I-864 instructions.
5) Biometrics and interview. For adjustment cases, USCIS will schedule biometrics (fingerprints and photo) and then a marriage-based interview at the local field office. For consular cases, you will upload civil documents to NVC and attend a visa interview abroad.
Big Rules That Shape Your Strategy
The place of concluding the marriage controls marriage validity. For immigration purposes, the key question is usually: was your marriage legally valid where it was performed? USCIS explains this in the Policy Manual section on marriage validity, including the “place of celebration” rule and public-policy exceptions, in Volume 12, Part G, Chapter 2 of the USCIS Policy Manual. This matters for weddings abroad, common-law marriages, religious ceremonies, and more.
Public charge today (no Form I-944). The old 2019 public-charge rule and Form I-944 are gone. USCIS now applies the current public-charge rule, which looks at statutory factors (age, health, income, education, etc.) mainly through your I-485 answers and the I-864 financials. You can always check the latest standard on USCIS’s public-charge guidance page.
Travel while an I-485 is pending. If you leave the U.S. while your I-485 is pending, without proper Advance Parole, USCIS usually treats your I-485 as abandoned (there are narrow exceptions for certain nonimmigrant workers). The travel document itself is filed on Form I-131. This is absolutely something to discuss with your lawyer before booking tickets.
Conditional residence and removing conditions. If your green card is approved while your marriage is less than two years old, you’ll get a 2-year “conditional” green card. To convert that to a 10-year card, you usually file Form I-751 in the 90-day window before the card expires. It can be filed jointly or, in certain situations (divorce, abuse, extreme hardship), through a waiver.
Adjustment vs. Consular: How Your Lawyer Helps You Choose
Adjustment of status (I-485). Adjustment is often ideal if you’re lawfully in the U.S., eligible to adjust, and want to avoid travel. Your lawyer will assemble a clean I-485 packet with civil documents (birth and marriage certificates), the I-864 and supporting financial proof, the medical exam, and solid relationship evidence. To avoid Request For Evidence (RFEs), many attorneys follow the USCIS I-485 initial evidence checklist when building your packet.
Consular processing. If you’re abroad or can’t adjust, your case will typically go through the National Visa Center (NVC) and a consular interview. Fees are paid online, documents are uploaded, and the immigrant visa application (DS-260) is submitted before your interview. The State Department’s Visa Bulletin info page on USCIS explains how USCIS uses the bulletin for adjustment filings, and the monthly charts themselves are on the State Department’s Visa Bulletin, which your lawyer will monitor for timing.
Evidence That Convinces (And Things That Slow Cases Down)
Typical “bona fide marriage” evidence includes:
- A joint lease, mortgage, or deed
- Joint bank accounts and shared tax returns
- Health / life insurance naming each other as beneficiaries
- Photos over time, travel history, and message logs
- Sworn affidavits from people who know you as a couple
USCIS gives examples on the I-130 page and in the Policy Manual, but your lawyer will translate that into a customized checklist: what’s easiest for you to gather, and what will be most persuasive for your field office or consulate.
The most common problems that create delays:
- Missing I-864 proof (pay stubs, W-2/1099s, or IRS transcripts)
- Sloppy or missing translations
- Conflicting dates and addresses across forms
- Gaps in your relationship timeline that aren’t explained
A good attorney does a “pre-interview audit” so you’re not discovering those problems in front of an officer.
Timelines, Work Permits, and Smart Filing Choices
- Concurrent filing and charts. Your lawyer will check whether you can file I-130 and I-485 together under the concurrent-filing rules and then use the chart guidance to decide if you can file now or have to wait for your priority date.
- Work and travel while your case is pending. Many couples file the work permit and travel document with the I-485. The work permit is requested on Form I-765, which can let the foreign spouse work while the green card case is in progress.
What Your Marriage-Based Green Card Lawyer Actually Does
Here’s what’s happening behind the scenes when you hire a lawyer:
- Eligibility and risk screening. They check whether you can adjust or need consular processing, review your entry and status history, prior filings, and any red flags (overstays, misrepresentation, arrests, previous marriages, etc.).
- Evidence of “architecture.” Instead of throwing random documents in a pile, they build a labeled, tabbed evidence set that tracks how USCIS or the consulate thinks: relationship history, shared financial life, living arrangements, and so on.
- Financial game plan. They match your situation to the I-864 rules, decide whether you need a joint sponsor or assets, and line up the right proof based on the I-864P table.
- Clean filing and online tools. Many forms can be filed online now. A good attorney will use tools like USCIS online filing where it makes sense, double-check addresses and email/phone details, and track every notice so nothing gets lost.
- Interview preparation. You will usually do a run-through of possible questions, review your forms for consistency, and practice how to answer clearly without over-explaining. For consular cases, they’ll align the DS-260 answers, police certificates, and medical exam timing with NVC and consulate instructions.
- Post-approval calendar. If your card is conditional, they’ll mark the I-751 window and remind you what evidence to keep saving for that future filing.
Consular Processing Details Your Lawyer Watches
If you are going the consular route, there are a few extra moving parts:
- NVC case and document flow. After the I-130 is approved, your case is usually handled through the National Visa Center. The State Department’s NVC processing page walks through the stages: fees, document uploads, and interview scheduling.
- Online application and CEAC. DS-260 and document uploads are done through the Consular Electronic Application Center (CEAC). Each consulate has its own document list and practices, which your lawyer will check before you submit anything.
- After visa issuance. Once the immigrant visa is approved and you enter the U.S., USCIS uses your visa packet and the immigrant fee to produce the physical green card. The payment details are in the USCIS Immigrant Fee instructions.
After You Get the Green Card
Once you are a permanent resident:
- If your card is conditional, you’ll have that I-751 deadline to remove conditions.
- You’ll want to be careful with long trips abroad so you don’t accidentally jeopardize residency.
- Later, you may be thinking ahead to citizenship and continuous-residence rules.
Most couples check in with their lawyer at least once after approval, just to map out travel plans and future filing dates.
Quick FAQs
Can we file I-130 and I-485 at the same time? Often yes, if the foreign spouse is an immediate relative of a U.S. citizen and eligible to adjust in the U.S. Whether you actually should do that depends on status history, travel plans, and risk factors. This is something to decide with your counsel.
What if our wedding was abroad? If the marriage was legally valid where it took place and doesn’t violate U.S. public policy (for example, polygamy), it usually counts for immigration. You still need to prove it is a real relationship, not just a paper marriage.
Do we always need I-864? Almost all marriage-based green card cases require an I-864, with a few limited exemptions. If the petitioner’s income is too low, the usual solution is a joint sponsor or qualifying assets.
Is travel okay during adjustment of status? Not unless you have Advance Parole (or you’re in one of the narrow exception categories). Leaving without it usually kills the pending I-485, so you should talk to a lawyer before any international travel.
Conclusion
A good marriage-based green card lawyer turns a maze into a checklist and a calendar: file the I-130 with solid relationship proof, choose between I-485 and consular processing, nail the I-864 financial test, avoid travel mistakes while the case is pending, and, if needed, remove conditions with I-751 on time. If you anchor each step to the official USCIS and State Department rules and keep your paperwork consistent, your case is far more likely to move forward with fewer surprises.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
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