Getting Serious – A Quick Guide to Green Cards Based on Marriage to a U.S. Citizen

Quick Question:

I am a foreigner in the US on a work visa. I just married a US Citizen (or US Green Card Holder). What do I do now?

Your US Citizen spouse can petition for you get the green card. If you are both in the US, the process is called “Adjustment of Status”.

Sometimes history does in fact repeat itself. In late 2016, with Donald Trump’s first Presidential election, we saw large numbers of clients reaching out to us to upgrade their immigration status: from ESTA to a work visa, from a work visa to a green card, and from a green card to US citizenship. These clients, despite their varied immigration profiles, shared one fervent desire in common: to gain added security and peace of mind in pursuing their lives and careers in the United States.

With Trump’s re-election, that desire for added security and peace of mind has dramatically resurfaced. For non-US people, who are in long-term relationships with US citizens and have considered marriage, obtaining a green card based on that good faith marriage is an effective strategy for obtaining that added security and peace of mind.

We want to outline here the contours of the process of obtaining a green card through marriage to a US citizen. The discussion below assumes that both parties are in the United States and have entered into a good faith marriage, intending to build a life together. When both parties are in the US, the process is called Adjustment of Status, with the entire process taking place inside the US. It is not a simple process, and we strongly urge anyone considering a marriage based green card petition to retain a qualified and experienced immigration lawyer to handle the petition. The petition involves the completion of numerous immigration forms and the presentation of significant documentation of the couple’s efforts to build a life together. The petition also requires that the non-US spouse undergo a green card medical exam conducted at a USCIS clinic. Clients always want to know time frames for this green card process. We provide some time frames below. Nonetheless, a “Trump Caveat” is in order. During Trump’s first term, processing times for marriage based green cards deteriorated considerably. This deterioration may happen again during the “Trump – the Sequel.”

TRUMP CAVEAT: IF TRUMP'S FIRST TERM IS ANY GUIDE, THE SECOND TERM WILL HAVE SIGNIFICANT IMPACT ON THE GREEN CARD PROCESS:

Applicant's will have to present additional (and sometimes burdensome) proof that the foreign spouse is not likely to become a "public charge" (which means is not likely to seek and receive government cash benefits).
Adjudication times will almost certainly deteriorat significantly.
Travel bans may have an impact on applicants (depending on country of citizenship) even if travel authorization is issued in the green card process.

Here is a summary of facts about the green card process:

We are now seeing adjudication times (in early 2025) of around 6-8 months, counted from filing of the petition to issuance of the green card. This time frame will almost certainly deteriorate.
When we handle a case, we prepare both parties for the interview in detail. Sometimes USCIS waives green card interviews altogether. Trump will probably reinstate interviews in all cases.
What does USCIS look for in the green card interview? It verifies that the couple’s documents are in order and that the marriage is bona fide. The officer will seek proof (through documents and verbal answers) that the couple intends to build a life together. In our experience, the interview is often not a hostile interrogation. It is a 20-minute conversation about the parties’ relationship, its past and future.
Employment Authorization: USCIS issues this authorization about 90-150 days after the filing of the petition. This authorization allows the non-US spouse to work independently of a work visa. This time frame could deteriorate under Trump.
Travel Authorization (“Advance Parole”): When the green card petition is filed, the non-US spouse (unless an H-1B or L-1 visa holder) must remain in the US until Travel Authorization is issued. Sometimes the Travel Authorization is issued at the same time (and on the same card) as the Employment Authorization; sometimes Travel Authorization is issued later.
Potential travel inconvenience is a major consideration in determining when to file a marriage based green card petition with Adjustment of Status.
The petition must show that the couple together earns more than 125% of the poverty line for your household size. This generally requires the couple to earn about $30,000 per year, although the precise threshold can vary year by year. The Trump Administration will likely require significant additional proof of income, assets, and debts
If the income levels are too low, this requirement can be satisfied through other means.
If the couple recently married, the green card will be “conditional” – valid for only 2 years. Near the expiration of the conditional green card, the couple will then have to apply to Immigration for the permanent (10 year) green card.

Our role, as attorneys in the marriage based green card process, is not only to conscientiously complete the forms and amass the documentation related to your good faith marriage, but also to guide and support you through this process during this period of overwhelming uncertainty brought on by the Trump administration. When we handle your case, we are with you all the way.

Remember: Marriage based green cards are available to same sex couples too.

If you have any questions about the process of obtaining a green card through Adjustment of Status, please contact us at info@dyer-harris.com.

Photo by Christina Victoria Craft on Unsplash.