How to get a marriage-based green card in Miami, FL. Fitenko Law PLLC explains I-130, adjustment of status, consular processing & the 2026 USCIS changes.
For thousands of couples in Miami-Dade and Broward counties — from Doral and Hialeah to Aventura and Hallandale Beach — a marriage-based green card is the most direct path to permanent residence together in the United States. Whether your spouse arrived on a visa, came through a humanitarian program, or is currently abroad, the process has a clear legal structure. It also has real legal risks that have grown more pronounced under the USCIS policy shift announced in May 2026. This guide, written by Ekaterina Fitenko, Esq. of Fitenko Law PLLC (600 Three Islands Blvd, Hallandale Beach, FL 33009, (305) 315-3425), walks you through every major stage of the marriage-based green card process — with the detail South Florida families actually need.
Two categories of petitioners can sponsor a foreign-national spouse for a green card:
Miami's immigrant communities — Venezuelan, Cuban, Colombian, Haitian, and many others — span both categories. If you hold a green card yourself and are petitioning for your spouse, confirm the current Visa Bulletin status before making major life decisions around a move date.
The petitioning spouse (the U.S. citizen or LPR) starts the case by filing Form I-130 with USCIS. This form establishes that the legal relationship exists. The most important thing to understand: I-130 approval only proves the relationship — it does not, by itself, grant the foreign spouse any immigration status.
To support the petition, you must prove the marriage is bona fide — that it was entered in good faith, not to circumvent immigration law. Strong evidence includes:
USCIS will scrutinize the evidence carefully. Couples who met recently or have large age gaps are not automatically disqualified, but they should expect heightened review and build the strongest record possible from day one.
Once I-130 is approved (or, for immediate relatives, concurrently filed), the foreign spouse applies for the green card itself. There are two paths:
If your spouse is already in the United States and meets eligibility requirements, they file Form I-485 to adjust status to permanent resident without leaving the country. AOS has historically been attractive because it avoids international travel and allows the applicant to obtain work authorization and advance parole while the case is pending.
Important development as of June 2026: USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, reaffirming that adjustment of status is a discretionary form of relief rather than an automatic entitlement. Officers are directed to weigh all positive and negative factors on a case-by-case basis. This memo may affect applicants with prior immigration violations or other adverse factors. If you or your spouse have any complicating history — overstays, prior removals, visa violations — consult an attorney before filing. Do not assume AOS is automatically available simply because you appear eligible on paper.
If the sponsored spouse is abroad, or if AOS is unavailable due to immigration history, the case proceeds through the U.S. Embassy or Consulate in the spouse's home country. After I-130 approval, the National Visa Center (NVC) takes over, collects fees and documents, and eventually schedules an interview at the consulate. Miami families with spouses in Venezuela, Cuba, Colombia, or Haiti follow this path regularly, though specific consulate conditions and wait times vary significantly by post.
Whether the interview is at a USCIS field office (for AOS) or a U.S. consulate abroad (for consular processing), the officer's core goal is the same: confirm the marriage is genuine and the applicant meets all admissibility requirements.
Both spouses are typically interviewed together for AOS. Expect questions about how you met, your daily life together, your home, finances, and future plans. Inconsistencies between spouses — even innocent memory differences — can trigger additional scrutiny or a Request for Evidence (RFE).
Common reasons cases are delayed or denied at interview:
Thorough preparation with your attorney before the interview date is one of the highest-value steps in the entire process.
Here is a detail many couples in South Florida are surprised by: if you were married fewer than two years at the time USCIS approves your green card, your spouse does not receive a standard 10-year permanent resident card. Instead, USCIS issues a 2-year conditional green card.
The conditional period exists as an additional safeguard against fraudulent marriages. Before the two-year card expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to convert to full permanent residence. The I-751 must be filed within the 90-day window before the card's second anniversary.
Key facts about I-751 (as of June 2026):
After I-751 is approved, your spouse holds a standard 10-year permanent resident card and can later apply for U.S. citizenship if eligible. See our citizenship practice page for more on naturalization.
South Florida's immigration landscape creates a handful of recurring challenges our clients at Fitenko Law encounter:
A marriage-based green card case looks straightforward in its outline but contains many decision points where errors are costly and sometimes irreversible. Choosing the wrong filing pathway, submitting an incomplete bona fide marriage record, or missing a deadline on the I-751 can derail years of planning.
At Fitenko Law PLLC in Hallandale Beach, Ekaterina Fitenko, Esq. and her team serve families across Greater Miami — from Aventura to Kendall, from Doral to Brickell — in English and Russian. Our firm handles the full arc: I-130 petition through I-751 removal of conditions, and onward to citizenship.
We also assist families whose situations are more complex, including family-based immigration matters and Russian-speaking client services across Florida.
Ready to start or review your case? Call (305) 315-3425 for a consultation, or visit our contact page.
For immediate relatives of U.S. citizens, adjustment of status typically takes several months to over a year depending on USCIS workloads and whether any issues arise. Consular processing timelines vary by post. As of June 2026, F2A (the category for spouses of green card holders) is Current on the Dates for Filing chart, and the USCIS discretion memo may add review time for some AOS cases.
If your spouse filed Form I-485 for adjustment of status, they can simultaneously apply for an Employment Authorization Document (EAD) and advance parole. Once the EAD is approved, they may work legally in the U.S. while the case is pending.
If you were married fewer than two years when the green card is approved, USCIS issues a 2-year conditional green card instead of a standard 10-year card. You must file Form I-751 in the 90-day window before it expires to remove the conditions and obtain full permanent residence.
It depends on how and when they entered the U.S. Some people who entered without inspection are not eligible to adjust status inside the U.S. and may face 3- or 10-year bars related to unlawful presence. This is a case-specific analysis — contact an immigration attorney before filing anything.
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 reaffirming that adjustment of status is a discretionary benefit, not an automatic entitlement. Officers are directed to weigh all positive and negative factors. Applicants with immigration violations or other adverse history can face heightened scrutiny. Speak with an attorney to understand how this affects your specific case.
Yes. Fitenko Law PLLC, located at 600 Three Islands Blvd, Hallandale Beach, FL 33009, serves clients across Greater Miami, including Doral, Hialeah, Kendall, Brickell, Aventura, and the surrounding South Florida region. Call (305) 315-3425 for a consultation.
This article is general educational information only, not legal advice for any individual situation. Immigration law changes frequently — including the developing policy landscape as of June 2026, such as the May 21, 2026 USCIS adjustment-of-status memo (PM-602-0199) and the monthly Visa Bulletin. Consult a licensed immigration attorney about your specific circumstances.
Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com