By Arif Law Offices, P.C.
Marriage to a U.S. citizen or lawful permanent resident is one of the most common and straightforward paths to legal residency in the United States. However, the process can be complex, and any mistakes or delays can cost you time, money, and even your legal status. At Arif Law Offices, P.C., we specialize in both U.S. and French immigration law, and we’re here to guide you every step of the way.
If you’re considering filing a marriage-based petition, here’s everything you need to know to start your journey toward lawful permanent residence in the United States.
What Is a Marriage-Based Petition?
A marriage-based petition is a type of family-based immigration petition filed by a U.S. citizen or green card holder on behalf of their foreign-born spouse. This petition is the first step toward getting a green card (lawful permanent residency) in the United States.
Who Can File a Marriage-Based Petition?
There are two primary categories of petitioners:
- U.S. Citizens – If you are a U.S. citizen, you may file a petition for your spouse to obtain a green card. Immediate relatives of U.S. citizens do not face yearly visa limits, which means faster processing times.
- Green Card Holders (Lawful Permanent Residents) – You can also petition for your spouse, but visa numbers are limited in this category, leading to longer wait times.
Step-by-Step Guide to Filing a Marriage-Based Petition
Step 1: File Form I-130 – Petition for Alien Relative
This form establishes the existence of a legitimate marriage. You’ll need to provide:
- Proof of your U.S. citizenship or green card status
- Marriage certificate
- Evidence that your marriage is genuine (e.g., joint leases, bank accounts, photos together, affidavits from friends/family)
Step 2: Adjustment of Status or Consular Processing
Depending on where your spouse currently resides, there are two ways to proceed:
- Inside the U.S.: File Form I-485 (Application to Register Permanent Residence or Adjust Status). This is known as Adjustment of Status (AOS) and allows your spouse to apply for a green card without leaving the U.S.
- Outside the U.S.: Consular Processing. The application is forwarded to the National Visa Center (NVC) and then to a U.S. embassy or consulate abroad for an interview.
Step 3: Attend the Biometrics Appointment and Interview
USCIS will schedule a biometrics appointment to collect fingerprints, photos, and a signature. Later, both spouses may be required to attend an interview to verify the legitimacy of the marriage.
Step 4: Receive a Decision
If everything checks out, your spouse will receive either a:
- Conditional Green Card (valid for 2 years) if the marriage is less than 2 years old at the time of approval
- Permanent Green Card (valid for 10 years) if the marriage is over 2 years old
Removing Conditions (Form I-751)
If your spouse received a conditional green card, you’ll need to file Form I-751 (Petition to Remove Conditions) within 90 days before it expires. Failing to do so can result in loss of residency status.
Common Mistakes to Avoid
- Filing incomplete or inaccurate forms
- Submitting insufficient evidence of a genuine marriage
- Missing deadlines for biometrics, interviews, or I-751 filings
- Failing to disclose previous immigration or criminal issues
Why Choose Arif Law Offices, P.C.?
At Arif Law Offices, P.C., we understand the emotional and legal complexities of marriage-based immigration. With a deep understanding of both U.S. and French immigration systems, we are uniquely positioned to help couples navigate this process successfully.
Whether you’re filing from California, Paris, or anywhere in between, our experienced immigration attorneys will provide tailored legal guidance and compassionate support.
Ready to Start Your Marriage-Based Petition?
Contact us today for a FREE consultation. Let Arif Law Offices, P.C. help you bring your loved one home and build a future together in the United States.
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