Green Card Through Marriage to U.S. Citizen

You may be eligible for permanent residence (green card) in the United States based on your marriage to a U.S. Citizen.  The spouse of a U.S. Citizen is deemed an Immediate Relative under the law and there is no quota restrictions in the U.S. for green cards through marriage.

You may either apply for your permanent residency overseas or while you are already in the United States through an adjustment of status.  

Adjustment of Status:

If you are already in the United States you may be eligible to file your adjustment of status application at the same time as your spouse files the Petition for Alien Relative on your behalf.  In addition, if you meet certain requirements, you may also file an application for employment authorization at the same time which will be granted within 90 days.  

Generally the application packet will need to include evidence that you have a bona fide marriage, that you entered the United States lawfully and that your spouse (or an additional sponsor) will provide for your financial support if required.

If you have been married for less than 2 years, you will be issued a provisional legal permanent residence in the U.S. for a 2 year period.  Upon completion of your provisional residence you may apply to remove your conditions and obtain a legal permanent resident card.

Consular Processing:

If you are currently overseas you may apply for your green card through consular processing.  The process begins in the United States via your spouse who will file a Petition for Alien Relative on your behalf.  Once the Petition has been approved you may then apply for your visa at a consulate abroad.  Upon entering the United States, you will be deemed a conditional legal permanent resident (if married less than 2 years) and may apply to remove your conditions and obtain a legal permanent resident card after you have held such conditional residence for 2 years.

Please contact The Law Office of Erin Elliott for more detailed information regarding the process and to assist you with your case.