A foreign national may qualify for permanent residence if they are legally married to either:

• A U.S. citizen
• A lawful permanent resident

The process differs depending on the immigration status of the petitioning spouse.

Marriage to a U.S. Citizen

Spouses of U.S. citizens are considered immediate relatives, meaning:

• Visas are generally available immediately
• The process may be faster
• In many cases, adjustment of status can be filed at the same time as the immigrant petition

Marriage to a Permanent Resident

Spouses of permanent residents fall under the family preference category, which may involve waiting for a visa to become available before applying for permanent residence.

There are two main ways to obtain a green card through marriage.

Adjustment of Status (Inside the United States)

If the foreign spouse is already in the United States and eligible, they may apply for permanent residence through Adjustment of Status.

Consular Processing (Outside the United States)

If the spouse lives abroad, the case is typically processed through a U.S. consulate in their home country.

U.S. immigration law requires couples to demonstrate that their marriage is genuine and not entered into solely for immigration purposes. Proper preparation of this evidence is critical to avoid delays or complications.

At New York Immigration Center, we assist couples throughout Long Island and all 50 States with marriage-based green card applications.

Our firm helps clients prepare petitions, gather supporting documentation, and navigate the interview process with immigration authorities.

We understand that the immigration process can be stressful for families, and we strive to guide our clients through each step.