Marriage Green Card Attorney

A marriage-based green card gives the spouse of a U.S. citizen or lawful permanent resident the right to live and work permanently in the United States. Capitol Law Partners prepares the Form I-130 petition and the adjustment of status or consular processing case that follows, from the first review of your immigration history through the interview and, for conditional residents, the Form I-751 stage.

What a marriage green card attorney does for you

Spousal cases go wrong in the details: the wrong filing route, an affidavit of support that misses the income test, or evidence that proves a wedding but not a shared life. Our role is to:

Review the foreign spouse's complete entry, visa and status history before anything is filed.
Choose between adjustment of status and consular processing, and sequence the filings accordingly.
Prepare Forms I-130 and I-130A, the I-485 or DS-260 package, and the Form I-864 affidavit of support.
Build the bona fide marriage evidence, prepare both spouses for the interview and attend it with you.
Calendar the I-751 window and handle the removal of conditions.

Who qualifies: spouse of a citizen or spouse of a permanent resident

The petitioner must be a U.S. citizen or permanent resident, and the marriage must be legally valid where it took place. Same-sex marriages are recognized on the same terms as any other marriage, wherever the couple now lives.

Spouse of a U.S. citizen

The spouse of a U.S. citizen is an immediate relative. There is no annual cap and no waiting list. A spouse in the United States after a lawful admission usually files the I-130 and I-485 together.

Spouse of a permanent resident

The spouse of a green card holder falls into the F2A preference category. The I-130 filing date becomes the priority date, and the spouse can file the I-485 or complete consular processing only when that date is current under the Visa Bulletin. A spouse adjusting inside the United States generally must also have maintained lawful status.

Adjustment of status or consular processing

Adjustment of status. A spouse of a U.S. citizen who was inspected and admitted can file Form I-485 inside the United States even after the authorized period of stay has expired. An overstay or unauthorized work does not bar adjustment for an immediate relative. We file the I-485 concurrently with the I-130, together with Form I-765 for a work permit and Form I-131 for advance parole.

Consular processing. If the spouse is abroad or cannot adjust, USCIS approves the I-130 and sends it to the National Visa Center, which collects the DS-260, civil documents and the affidavit of support and schedules the interview at the U.S. embassy or consulate. The spouse enters on a CR-1 or IR-1 immigrant visa.

Entry without inspection. A spouse who crossed the border without inspection generally cannot adjust status, even when married to a citizen, unless an older petition protects them under section 245(i). Instead, we obtain I-130 approval, file the Form I-601A provisional waiver for unlawful presence while the spouse is still in the United States, and finish the case at a consulate once the waiver is approved.

The Form I-864 affidavit of support

The petitioning spouse must sign Form I-864 and show household income above the Federal Poverty Guidelines threshold for a household that includes the intending immigrant. Where income falls short, assets, a household member's income on Form I-864A or a joint sponsor who files a separate I-864 can close the gap. The affidavit is an enforceable contract, so we explain the obligations before anyone signs.

Process and timeline

Eligibility review. We confirm the petitioner's status, the marriage, the spouse's entry history and any inadmissibility issue.
Filing. Spouses of citizens inside the United States file the I-130, I-130A, I-485, I-765 and I-131 together. F2A spouses file the I-130 first and wait for a current priority date. Consular cases begin with the I-130 alone.
Biometrics and medical exam. USCIS schedules fingerprints and a civil surgeon completes Form I-693.
Interview and decision. We prepare both spouses and attend USCIS interviews with you.
After approval. We calendar the I-751 window for conditional residents.

USCIS and the Department of State publish current processing times.

Evidence of a bona fide marriage

USCIS must be satisfied that you married to build a life together and not to obtain an immigration benefit. The strongest files show a shared life across several categories:

Joint finances: bank accounts, credit cards, jointly filed tax returns and shared bills.
A shared home: a lease or deed in both names, utility accounts and mail addressed to both spouses.
Insurance and benefits: health, auto or life insurance listing the other spouse, and beneficiary designations.
Photographs over time with family and friends, travel records and messages.
Affidavits from relatives and friends who know you as a couple, and birth certificates of children born to the marriage.

The interview and separated interviews

Both spouses attend an interview at the USCIS field office. The officer confirms eligibility and asks how you met, about the wedding, and about your home and daily routines. If the record raises doubts, the officer may separate the spouses, ask each the same questions and compare the answers, a format often called a Stokes interview.

Conditional residence and Form I-751

If the marriage is less than two years old when residence is granted, the spouse receives a conditional green card valid for two years. In the 90 days before it expires, the couple must file Form I-751 jointly with updated evidence of the marriage. If the marriage has ended in divorce, if the conditional resident was abused by the petitioning spouse, or if removal would cause extreme hardship, the spouse can file alone and ask USCIS to waive the joint filing requirement.

Common problems we help you avoid

Marrying soon after a visitor entry. Someone who enters on a B-2 visa or under the Visa Waiver Program and marries or files within the first weeks may be suspected of misrepresenting their intent at entry. The Department of State applies a 90-day rule in consular cases.
A prior fraud finding. Under INA section 204(c), a finding that a beneficiary ever entered or attempted a marriage to evade immigration law permanently bars approval of any later family petition for that person.
Travel without advance parole while the I-485 is pending, which abandons the application.
Marriage during removal proceedings. A couple who marries after a Notice to Appear must prove the marriage genuine by clear and convincing evidence before the immigration judge. Our removal defense team handles these cases.
Choosing the wrong path from abroad. If you are not yet married, compare the K-1 fiancé visa with marrying abroad and applying for a CR-1 or IR-1 immigrant visa.

Your marriage green card attorney

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and handles marriage-based green cards and fiancé visas alongside employment-based immigration, business and trademark matters. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent couples from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis. Our family-based immigration page covers the I-601 and I-601A waivers and other family categories, including green cards for parents and children.

Learn more about marriage-based green cards

Start your spousal green card case

Tell us how your spouse entered the United States and when you married, and we will map the route, the forms and the timeline. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

Can my spouse get a green card after overstaying a visa?

Yes, if your spouse is married to a U.S. citizen and was inspected and admitted on arrival, for example on a visitor or student visa. An overstay or unauthorized work does not bar adjustment of status for an immediate relative. The spouse of a permanent resident is treated differently and generally must have maintained lawful status to adjust inside the United States. We review the full entry record before filing.

What is the difference between a CR-1 and an IR-1 visa?

Both are spousal immigrant visas issued at a U.S. consulate. A CR-1 is issued when the marriage is less than two years old on the day the spouse enters, and it leads to a conditional two-year green card followed by Form I-751. An IR-1 is issued when the marriage is at least two years old, and the spouse receives a ten-year card with no conditions to remove.

How long does a marriage-based green card take?

It depends on the category and the route. Spouses of U.S. citizens are immediate relatives with no visa backlog, so the case moves as fast as the USCIS field office or consulate processes it. Spouses of permanent residents wait for a current F2A priority date under the Visa Bulletin before the final stage. USCIS and the Department of State publish current processing times, and we track your case against them.

Can my spouse work and travel while the I-485 is pending?

Yes. We file Form I-765 for an employment authorization document and Form I-131 for advance parole together with the I-485. Your spouse may work once the work permit is issued and may travel abroad once advance parole is approved. Leaving the United States without advance parole while the I-485 is pending abandons the application, so no travel should be booked before the document arrives.

What happens if we divorce before filing Form I-751?

A conditional resident whose marriage has ended can still file Form I-751 alone and ask USCIS to waive the joint filing requirement. The waiver requires proof that the marriage was entered in good faith, such as joint finances, a shared home and evidence of the relationship over time, together with the divorce decree. Separate waivers exist for spouses who were abused and for cases where removal would cause extreme hardship.

What is a Stokes interview?

A Stokes interview is a separated marriage interview. If the officer doubts the relationship, each spouse is questioned alone about the same topics, such as the home, daily routines, family and recent events, and the answers are compared. The couple is then given a chance to explain any discrepancies. We prepare both spouses for this format and attend the interview with you.

Does a same-sex marriage qualify for a green card?

Yes. Federal immigration law recognizes same-sex marriages on the same terms as any other marriage. The marriage must be legally valid in the place where it was celebrated, even if the couple now lives in a state or country that does not recognize it. The petition, evidence and interview are identical, and we represent same-sex couples in both adjustment and consular cases.

What if my spouse entered the United States without a visa?

A spouse who entered without inspection usually cannot adjust status inside the United States, even when married to a citizen, unless an older petition protects them under section 245(i). The alternative is I-130 approval, a Form I-601A provisional waiver for unlawful presence filed while the spouse is still here, and an immigrant visa interview at a consulate once the waiver is approved. The waiver requires extreme hardship to a citizen or resident spouse or parent.

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Marriage-Based Green Card Attorney: Spousal Visa and I-130 Lawyers