Metro Atlanta
Marriage Immigration Attorneys
Serving Clients Nationwide
Building Your Future Together in the United States
Marriage-based immigration provides a pathway for qualifying spouses of U.S. citizens and lawful permanent residents to pursue permanent residence in the United States. Although marriage establishes an important basis for immigration eligibility, obtaining a green card involves much more than proving that a marriage legally exists. Applicants must satisfy federal immigration requirements, provide extensive documentation, and demonstrate that their marriage is genuine. At Bair Wilson Sharma LLC, our marriage-based immigration attorneys help couples understand the process, prepare their cases, and navigate each step toward building their future together.
The appropriate immigration process depends largely on the immigration status of the petitioning spouse and where the foreign national spouse currently lives. A U.S. citizen may generally petition for a qualifying spouse as an immediate relative, a category that is not subject to the same annual numerical visa limits that apply to many other family-based categories.
Lawful permanent residents may also petition for qualifying spouses, although these cases generally fall within a family preference category and can be affected by immigrant visa availability.
For spouses already in the United States, adjustment of status may provide a way to apply for permanent residence without leaving the country when all eligibility requirements are satisfied. Spouses living abroad generally pursue an immigrant visa through consular processing, which typically involves USCIS, the National Visa Center, and a U.S. embassy or consulate.
Every couple's circumstances are different. Our lawyers review factors such as immigration status, manner of entry into the United States, prior immigration history, previous marriages, and other potential concerns before determining an appropriate path forward.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Proving a Good-Faith Marriage and Preparing Your Case
One of the central issues in a marriage-based immigration case is establishing that the relationship is bona fide, meaning the marriage was entered into genuinely and not primarily to obtain an immigration benefit.
A marriage certificate establishes that a legal marriage occurred, but immigration authorities may request additional evidence showing that the couple has built a life together. Depending on the circumstances, supporting documentation might include records demonstrating shared finances, joint housing, insurance policies, photographs, travel records, correspondence, affidavits from people familiar with the relationship, or other evidence reflecting the couple's life together.
Couples may also be required to attend an immigration interview. During the interview, a USCIS officer may review the application, confirm information provided in the filings, and ask questions about the relationship and each spouse's background. Thorough preparation can help couples understand what to expect and ensure that the information submitted throughout the case is accurate and consistent.
Financial sponsorship is another important part of many marriage-based cases. The petitioning spouse generally must submit an Affidavit of Support demonstrating that applicable financial sponsorship requirements are satisfied. When the petitioner's income does not meet the required threshold, a qualifying joint sponsor may be an option in certain cases.
Complications can arise when the foreign national spouse has overstayed a visa, entered the United States without inspection, has previous immigration violations, has been subject to removal proceedings, or has certain criminal history. These issues can significantly affect eligibility and should be carefully evaluated before applications are submitted. Depending on the circumstances, waivers or other immigration strategies may be available.
At Bair Wilson Sharma LLC, our attorneys help couples prepare petitions and applications, organize supporting evidence, respond to Requests for Evidence, prepare for interviews, and address potential concerns that arise during the immigration process.
From Marriage to Permanent Residence and Beyond
Receiving a marriage-based green card can be a major milestone, but some couples have additional immigration steps ahead.
When permanent residence is granted based on a marriage that is less than two years old at the time permanent resident status is obtained, the immigrant spouse generally receives conditional permanent residence valid for two years. The couple typically must later file a petition to remove those conditions and provide evidence demonstrating that the marriage was entered into in good faith.
While spouses commonly file to remove conditions together, immigration law recognizes that circumstances can change. Divorce, separation, abuse, or the death of a spouse can create difficult situations for conditional residents. Certain individuals may be eligible to request a waiver of the joint filing requirement depending on their circumstances.
Marriage to a U.S. citizen may also affect the timeline for naturalization. Certain lawful permanent residents who have been married to and living in marital union with a U.S. citizen may qualify to apply for citizenship after three years of permanent residence, provided they satisfy the other applicable naturalization requirements.
Our attorneys understand that immigration decisions involving a spouse are about more than paperwork. They can determine where a couple is able to live, work, raise a family, and plan for the future. We provide hands-on representation and clear communication so clients understand where their case stands and what comes next.
Our firm also provides multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping couples and families communicate about important immigration matters in the language they are most comfortable speaking.
We proudly assist couples throughout the Metro Atlanta Area with marriage-based immigration matters. Whether you are preparing to petition for your spouse, pursuing adjustment of status, completing consular processing, preparing for a marriage interview, or removing conditions from permanent residence, our marriage-based immigration attorneys are ready to help you understand your options and move forward together.
Marriage-Based Immigration FAQs
Can I get a green card through marriage?
Marriage to a U.S. citizen or lawful permanent resident may provide a pathway to permanent residence. Eligibility depends on factors such as the petitioning spouse's immigration status, the applicant's immigration history, and whether other requirements are satisfied.
What is the difference between adjustment of status and consular processing?
Adjustment of status allows certain eligible individuals already in the United States to apply for permanent residence without leaving the country. Consular processing generally involves applying for an immigrant visa through a U.S. embassy or consulate abroad.
How do we prove that our marriage is genuine?
USCIS may consider evidence showing that you have built a life together, such as joint financial accounts, leases or mortgages, insurance policies, photographs, travel records, correspondence, and other documentation demonstrating a bona fide relationship.
Will we have to attend a marriage interview?
Many couples are required to attend an immigration interview, although procedures can vary by case. During an interview, immigration officials may review your application and ask questions about your relationship, backgrounds, and supporting documentation.
Can I apply for a marriage-based green card if I overstayed my visa?
Possibly. An overstay does not automatically prevent every applicant from obtaining permanent residence through marriage. Eligibility depends on several factors, including the petitioning spouse's status, how the applicant entered the United States, and their overall immigration history.
What if I entered the United States without inspection?
Entering without inspection can significantly affect eligibility for adjustment of status. Depending on your circumstances, other immigration options or waivers may be available. Our attorneys can review your history and explain potential paths forward.
What is a conditional marriage-based green card?
If permanent residence is obtained when the qualifying marriage is less than two years old, the immigrant spouse generally receives conditional permanent residence for two years. Additional steps are typically required to remove those conditions.
What happens if we divorce before the conditions on my green card are removed?
Divorce does not automatically mean you will lose the ability to pursue permanent residence. Certain conditional residents may qualify for a waiver of the joint filing requirement if they can demonstrate that the marriage was originally entered into in good faith.
Can marriage to a U.S. citizen help me become a citizen sooner?
Certain permanent residents married to and living in marital union with U.S. citizens may qualify to apply for naturalization after three years as a lawful permanent resident, rather than the more common five-year period, if all applicable requirements are met.
Have Questions About Your Immigration Options?
Immigration matters can be complex, but you don’t have to navigate the process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian.
Call 678-250-6095 today to speak with one of our immigration attorneys.