Is a Marriage-Based Green Card Right for Your Situation?

The basic requirement

A marriage-based green card requires a legally valid marriage to a US citizen or green card holder, and evidence that the marriage was entered into in good faith — not solely to obtain immigration benefits.

Two paths depending on where you are

If the foreign spouse is already in the US, the process is usually adjustment of status. If they're abroad, it's consular processing through a US embassy or consulate. The forms, timeline, and evidence requirements differ between the two.

What USCIS looks for

Officers look for evidence of a genuine, ongoing relationship — joint finances, shared residence, photos over time, and testimony from people who know the couple. A thin paper trail is one of the most common reasons these cases face extra scrutiny.

Common pitfalls

Filing too soon after a prior divorce, insufficient evidence of a shared life, inconsistencies between spouses' answers at interview, and unresolved immigration history issues (like a prior overstay) are among the most common complications.

When to get help

Straightforward, well-documented cases are sometimes filed without an attorney. But if either spouse has any complicating immigration history, a professional review before filing can meaningfully reduce the risk of delay or denial.