Marriage to a U.S. citizen or permanent resident is one of the most common — and misunderstood — paths to obtaining a green card. Online searches reveal recurring questions, confusion, and misinformation. Below, we answer the most frequently asked questions about the marriage-based green card process.
1. Does marrying a U.S. citizen automatically give you a green card?
No. Marriage alone does not automatically grant lawful permanent residence.
Marriage creates eligibility, not approval. The applicant must still:
- File the correct immigration petitions
- Prove the marriage is bona fide (real and not for immigration purposes)
- Pass background checks and an interview
- Remain admissible under U.S. immigration law
Any mistake, inconsistency, or red flag can result in delays or denial.
2. How long does it take to get a green card through marriage?
Processing time depends on several factors:
- Whether the sponsoring spouse is a U.S. citizen or green card holder
- Whether the foreign spouse is inside or outside the U.S.
- USCIS workload and the local field office
Typical timelines:
- U.S. citizen spouse (inside the U.S.): 10–18 months
- Green card holder spouse: longer due to visa backlogs
- Consular processing abroad: varies by country
Delays often occur due to poorly prepared applications.
3. What evidence is needed to prove a real marriage?
USCIS focuses heavily on fraud prevention. Evidence commonly requested includes:
- Joint lease or mortgage
- Joint bank accounts or insurance
- Photos together over time
- Travel records
- Messages, emails, or call logs
- Affidavits from friends and family
Quality matters more than quantity. Poorly organized or inconsistent evidence can raise suspicion.
4. What happens at the marriage green card interview?
The interview is designed to confirm:
- The legitimacy of the marriage
- The accuracy of the application
- Admissibility of the applicant
Officers may ask:
- How you met
- Daily routines
- Important dates
- Personal details about your spouse
In some cases, couples are interviewed separately (Stokes interview). Preparation is critical.
5. Can undocumented immigrants get a green card through marriage?
Sometimes — but not always.
Key factors include:
- How the person entered the U.S. (with or without inspection)
- Length of unlawful presence
- Prior immigration violations
- Criminal history
Some cases require waivers, consular processing, or complex legal strategies. Others may be barred entirely. Legal advice is essential.
6. What is a conditional green card?
If the marriage is less than two years old at the time of approval, USCIS issues a conditional green card valid for two years.
Before it expires, the couple must file:
- Form I-751 (Removal of Conditions)
Failure to do so can result in loss of status and removal proceedings.
7. Can divorce affect a marriage-based green card?
Yes — but it depends on timing and circumstances.
- Divorce before green card approval: high risk of denial
- Divorce after conditional green card: waivers may be available
- Divorce after permanent green card: usually no impact
Each situation requires a tailored legal analysis.
8. Is marriage fraud taken seriously?
Absolutely.
Marriage fraud is a federal offense and can lead to:
- Permanent immigration bans
- Criminal prosecution
- Deportation
USCIS officers are trained to detect inconsistencies and patterns. Even legitimate couples can be wrongly suspected if the case is poorly prepared.
Why Legal Representation Matters
Marriage-based green card cases may seem simple — but small mistakes have serious consequences. Filing without legal guidance often leads to:
- Requests for Evidence (RFEs)
- Lengthy delays
- Interviews gone wrong
- Denials or removal proceedings
Work with a Trusted Immigration Law Firm
Arif Law Offices, PC represents couples from around the world in marriage-based green card cases, including:
- Adjustment of status
- Consular processing
- Waivers
- Conditional green cards and I-751 filings
- Complex or high-risk cases
🔹 Led by an attorney admitted to the Paris Bar and the California Bar 🔹 Extensive experience in U.S. immigration law 🔹 Strategic, detail-oriented, and client-focused approach
👉 Planning to apply for a marriage-based green card? 👉 Concerned about your eligibility or past immigration history?
Call us: +1 949-994-6100 or contact@ariflawofficespc.com