By Cenab Yavuz, Esq. — Raff & Raff, LLP

If you are married to a U.S. citizen and living together in the United States, you may be able to apply for a green card without leaving the country. This process is called adjustment of status. For many couples, it is their first serious interaction with the immigration system, and it can feel intimidating. Understanding the basics can help you decide whether you may qualify and when it is time to speak with an attorney.

Who Typically Qualifies?

This process generally applies when a foreign national is legally married to a U.S. citizen, is physically present in the United States, and originally entered the country with inspection or parole (for example, with a visa at an airport or land border). In addition, individuals who possesses Parole can apply for this type of adjustment without having the need to leave the country. U.S. citizen spouses are considered “immediate relatives” under immigration law, which means there is no waiting list for a visa number. However, past immigration violations, prior removal orders, or criminal issues can make a case more complicated and should always be reviewed with an attorney before filing.

The Process in General

In a typical case, the U.S. citizen spouse first files a family petition confirming the marriage, and the immigrant spouse files the application for a green card at the same time. Along with these applications, the couple submits civil documents (such as the marriage certificate, proof of termination of any prior marriages, and proof of U.S. citizenship) and financial information to show that the U.S. citizen can support the immigrant spouse. The immigrant spouse also attends a biometrics appointment, where fingerprints and a photograph are taken for background checks. Many applicants choose to request a work permit and travel authorization while the case is pending.

A key part of every case is proving that the marriage is real. USCIS wants to see that the couple has built a life together, not that they married only for immigration purposes. Documents such as joint housing, shared finances, insurance, photos over time, and other evidence of a shared household are usually important. Every couple’s situation is different, so the exact documents will vary, but the goal is always the same: to show a genuine, ongoing relationship.

The Interview and the Decision

Most couples are scheduled for an in-person interview at a local USCIS office. At the interview, an officer reviews the applications, verifies identities, and asks questions about the relationship, daily life, and background of each spouse. The officer may also ask about past immigration history, prior marriages, travel, and any criminal issues. In some situations, the officer may separate the spouses and ask them similar questions to compare answers.

After the interview, USCIS may approve the case, request additional evidence, schedule a second interview, or issue a denial. If the marriage is less than two years old at the time of approval, the immigrant spouse receives a two-year conditional green card and must later file a separate application to remove the conditions. If the marriage is more than two years old, a ten-year green card is usually issued.

You Should Talk to a Lawyer

These cases sometimes be seen as simple but unfortunately, they are not. Prior overstays, unlawful entries, criminal records (even old or expunged ones), previous marriage-based cases, or long periods of living apart can raise legal issues that need careful analysis. Filing without proper guidance in these situations can lead to delays, requests for evidence, or even denials that could have been avoided.

Our law firm assists couples with all stages of the marriage-based green card process, including eligibility screening, preparation of forms, organizing evidence, and interview preparation. If you are considering applying for a green card through your U.S. citizen spouse, or if you already filed and have concerns, contact us to schedule a consultation. We can review your specific situation, explain your options, and help you move forward with confidence.

This article is for general informational purposes only and is not legal advice. Every case is different; you should speak with an attorney about your specific facts before making any decisions.

If you have questions, contact Raff & Raff at (973) 742-1917 for a free consultation, or email us at info@raffandraff.com.