A marriage-based green card is one of the most common, and most scrutinized, paths to permanent residency. USCIS looks closely at whether a marriage is bona fide, which means the evidence you submit and how you prepare for the interview genuinely matters.
We've guided spouses through straightforward cases and through complicated ones involving prior immigration violations, unlawful entry, or eligibility bars under INA § 245(c). We'll tell you plainly where your case stands and what your realistic options are, including when it makes more sense to wait for a change in circumstances than to file prematurely.
Who This Helps
- Spouses of U.S. citizens, regardless of how the couple met
- Spouses of lawful permanent residents (subject to visa availability under the F2A category)
- Couples where one spouse entered the U.S. without inspection and may face eligibility bars
- Couples preparing for a USCIS marriage interview, including Stokes interviews for cases flagged for further review
- Spouses currently abroad who will need consular processing instead of adjustment of status
- Couples who married after one spouse was already in removal proceedings
How We Handle These Cases
Eligibility Review
We review how and when the foreign spouse entered the U.S., any prior immigration history, and whether bars like unlawful presence or entry without inspection apply under § 245(c).
I-130 & I-485 Filing (or Consular Processing)
For spouses in the U.S. who qualify, we file the petition and adjustment of status application together. For spouses abroad, we prepare the case for the National Visa Center and eventual consular interview.
Evidence of a Bona Fide Marriage
We help you assemble the kind of documentation USCIS actually wants to see, joint finances, cohabitation, photos, affidavits, tailored to your specific relationship, not a generic checklist.
Interview Preparation
We prepare both spouses for the interview, including how to handle a Stokes interview if the officer separates you for individual questioning.
Frequently Asked Questions
Can I get a marriage-based green card if I entered the U.S. illegally?
It depends on the specific bar involved. Some spouses of U.S. citizens can adjust status despite unlawful entry under certain provisions, while others may need to pursue consular processing with a provisional waiver (I-601A) first. This is one of the most fact-specific areas of the process, and it's worth a real case review before assuming either way.
What is a Stokes interview and should I worry about it?
A Stokes interview happens when a USCIS officer isn't satisfied after the standard interview and separates the spouses to ask each of them detailed questions individually, then compares the answers. It's more intensive, but it isn't a sign your case will be denied. Thorough preparation makes a real difference.
How long does the marriage green card process take?
For spouses of U.S. citizens adjusting status in the U.S., it commonly takes roughly 12 to 18 months from filing to interview, though this varies by field office. Spouses of green card holders, or those going through consular processing, typically wait longer.
What if we divorce while the green card application is pending?
A divorce during the process changes eligibility significantly, and the right response depends on the stage of the case and the marriage's history. This is a conversation to have with an attorney as early as possible rather than after the fact.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.