Marriage Petitions: Reuniting Spouses Under U.S. Immigration Law
A marriage petition is the legal process by which a U.S. citizen or lawful permanent resident sponsors their foreign national spouse for a green card. It is one of the most common — and most carefully reviewed — categories in U.S. immigration law.
Attorney Goncalves guides couples through every stage: from the initial I-130 filing through adjustment of status or consular processing, conditional residence, and eventual citizenship.
The Marriage Petition Process
Five stages from eligibility review to green card approval
Determine Eligibility
Confirm the marriage is legally valid, the petitioner is a U.S. citizen or LPR, and both parties are free to marry. Same-sex marriages are recognized for immigration purposes nationwide.
File Form I-130
The U.S. citizen or permanent resident spouse files the Petition for Alien Relative with USCIS, establishing the qualifying relationship and creating a priority date.
Choose the Path Forward
If the foreign spouse is in the U.S., adjustment of status (I-485) may be available. If abroad, the case proceeds through the National Visa Center and consular processing.
Compile Bona Fide Evidence
USCIS requires proof the marriage is genuine — not entered solely for immigration benefits. We gather joint financial records, photos, correspondence, and affidavits.
Interview & Approval
Most marriage cases require a USCIS or consular interview. We prepare you thoroughly and address any concerns about your relationship before you appear.
Proving Your Marriage Is Bona Fide
USCIS fraud investigators review marriage cases closely. Incomplete or weak evidence is the leading cause of Requests for Evidence (RFE) and denials. We organize your evidence into clear categories that demonstrate your relationship is real.
Financial Ties
- • Joint bank accounts and credit cards
- • Joint tax returns (IRS transcripts)
- • Joint lease or mortgage documents
- • Shared utility bills
Shared Life
- • Photos together over time with dates
- • Travel itineraries and boarding passes
- • Birth certificates of children together
- • Insurance policies naming spouse
Relationship History
- • Wedding invitations and ceremony photos
- • Affidavits from family and friends
- • Engagement and wedding receipts
- • Communication records (cards, messages)
Legal Documents
- • Marriage certificate
- • Divorce decrees from prior marriages
- • Passports and birth certificates
- • Police certificates if required
Citizen vs. Permanent Resident Petitioners
U.S. Citizen Spouse — Immediate Relative
No annual visa cap applies. Visas are immediately available. Processing typically takes 10–14 months for adjustment of status cases. Spouses who have been married less than two years receive conditional green cards valid for two years.
LPR Spouse — F2A Preference
Subject to visa availability under the F2A category. Wait times depend on the monthly Visa Bulletin. We monitor priority dates and advise on the optimal filing strategy for your situation.
Documents to Gather Before Your Consultation
- ✓Valid passports for both spouses
- ✓Marriage certificate (certified copy)
- ✓Birth certificates
- ✓Prior divorce decrees or death certificates
- ✓Proof of petitioner's citizenship or LPR status
- ✓Joint financial documents (6–12 months)
- ✓Photos together with dates and locations
- ✓Lease, mortgage, or deed showing shared residence
- ✓Any prior immigration filings or USCIS notices
Conditional Residence Warning
If you have been married less than two years when your spouse's green card is approved, they receive a two-year conditional card. You must file Form I-751 to remove conditions within the 90-day window before expiration — missing this deadline can result in removal proceedings.
Marriage Petition FAQs
Can we file if we married abroad?+
What if my spouse entered the U.S. without inspection?+
How long does a marriage green card take in 2025?+
Will we be interviewed?+
Can my spouse work while the case is pending?+
Attorney Jacquelyn R. Goncalves personally handles every case — Connecticut and nationwide.