What is a marriage-based visa?
A marriage-based visa is a family immigration benefit that lets a foreign spouse become a lawful permanent resident based on a bona fide marriage to a U.S. citizen or green card holder. The petition begins with Form I-130 filed by the U.S. sponsor. If the foreign spouse is already in the United States in lawful status, the case usually concludes with Form I-485 adjustment of status. If the foreign spouse is abroad, the case finishes at a U.S. consulate through consular processing.
Who qualifies?
- A U.S. citizen or lawful permanent resident sponsor
- A legally valid marriage recognized where it took place
- A bona fide marriage entered in good faith and not solely for an immigration benefit
- No prior bars or grounds of inadmissibility that have not been resolved
- Sufficient financial sponsorship to meet the I-864 affidavit of support threshold
How the process works
- File Form I-130. The U.S. sponsor files Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying relationship.
- Choose adjustment or consular processing. If the spouse is in the U.S. in valid status, file Form I-485 concurrently or after I-130 approval. If abroad, the case is sent to the National Visa Center for consular processing.
- Biometrics and supporting filings. Attend the biometrics appointment. File Form I-765 for work authorization and Form I-131 for advance parole if you adjusted status inside the U.S.
- Interview. Both spouses attend a USCIS marriage interview, or the foreign spouse attends a consular interview at a U.S. embassy or consulate.
- Decision and conditional residence. On approval, the foreign spouse receives a green card. If the marriage is less than two years old at approval, the green card is conditional and a Form I-751 must be filed later to remove conditions.
Timeline and what to expect
Marriage cases filed inside the United States generally take 12 to 24 months from filing to approval, with the work permit and travel document arriving sooner. Consular cases vary by post and country. Always check the current USCIS processing time for your service center and the visa bulletin if a preference category applies.
Timelines vary. Always confirm current processing times with USCIS before relying on the windows above. USCIS source ↗
Common challenges
- Proving a bona fide marriage with documentary evidence beyond the marriage certificate
- Resolving prior unauthorized work or status violations that affect adjustment eligibility
- Inadmissibility issues that may require an I-601 or I-601A waiver
- Income shortfalls on the I-864 that require a joint sponsor
- Prior marriages that were not properly terminated under U.S. law
How Chaudhry Law helps
The firm assembles marriage-based filings the way a careful adjudicator wants to read them. That means a clear timeline of the relationship, organized financial and cohabitation evidence, and a written interview prep session before the appointment. If a waiver is required, we identify it early and prepare it on a parallel track so the case does not stall.
Frequently asked questions
Can my spouse work while the green card is pending?
Yes, after Form I-765 is filed and approved. Adjustment-of-status applicants file the I-765 with the I-485 and typically receive a work permit several months later.
Do we need to live together to file?
A bona fide marriage is what USCIS examines, and most couples do live together. Genuine separations for work, school, or military service do not automatically defeat a marriage case if the relationship is real.
What if my marriage is less than two years old at approval?
The green card will be conditional for two years. A joint Form I-751 to remove conditions must be filed in the 90 days before the conditional card expires.
My spouse entered without inspection. Can we still file?
Adjustment of status inside the U.S. is generally not available in that situation. The case typically requires consular processing and may need an I-601A provisional waiver. Discuss the specific facts with the firm before filing anything.
Can I sponsor my spouse if I am still a green card holder?
Yes, but the F2A preference category applies, and visa availability is governed by the monthly visa bulletin. Becoming a U.S. citizen often shortens the timeline.