How does a marriage-based green card work?

A U.S. citizen or lawful permanent resident spouse files Form I-130 to establish the qualifying relationship, and the foreign spouse pursues permanent residence either through adjustment of status with Form I-485 if inside the U.S. or through consular processing abroad. The couple must show that the marriage is bona fide, meaning entered into in good faith and not solely for immigration benefits. The path and timeline differ depending on whether the sponsor is a citizen or a permanent resident.

How do we prove our marriage is genuine?

Couples typically submit evidence such as joint financial accounts, a shared lease or mortgage, joint insurance, photos together over time, travel records, and affidavits from people who know them. The goal is to show a shared life rather than any single document. Officers look at the totality of the evidence, and an interview is usually part of the process.

Can I work while my marriage green card is pending?

If you are adjusting status inside the U.S., you may apply for a work permit (employment authorization) and often a travel document together with your I-485. Employment authorization is generally not automatic; you must wait until it is approved before working. Timelines for these documents vary, so plan ahead before making job or travel decisions.

What is a conditional green card and how do we remove the conditions?

If your marriage is less than two years old when the green card is approved, you generally receive conditional permanent residence valid for two years. You must file Form I-751 to remove conditions within the 90-day window before it expires, jointly with your spouse where possible. Waivers of the joint filing requirement may be available in situations such as divorce or abuse.

We live in South Florida — where will our marriage interview be?

Adjustment of status interviews for couples in the Miami and South Florida area are generally scheduled at the local USCIS field office, and both spouses normally attend together. Preparing your documents and reviewing your relationship history in advance can help the interview go smoothly. Having bilingual support can be helpful if English is not your first language.

Marriage-Based Green Card Guide

Step-by-step guide to getting a green card through marriage — I-130, I-485, interview prep, and evidence requirements.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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