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Matkowsky Immigration Law is now Unified Immigration Lawyers. Same firm, same lawyers — new name.

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Green Card

Marriage-Based Green Card Attorney

Building a life together in the United States starts with making sure your marriage-based green card case is prepared on the right legal foundation. Unified Immigration Lawyers helps couples prepare marriage-based green card applications around both the relationship and the foreign spouse’s immigration eligibility. Whether you are already married and living in the United States or abroad, building your future together across borders, we can help determine the appropriate process and prepare your case from the start.
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Learn About This Service

At a glance

Your marriage may be genuine, but your immigration case still has to prove it.
Legal fee: CAD $3,500 – $5,500

Flat fee, quoted during your consultation.

Gov't fees: CAD $1,205

Sponsorship, processing and Right of Permanent Residence Fee (RPRF).

Processing: approx. 10 – 12 months

Inland and outland, per IRCC standards.

No minimum income required

A three-year undertaking applies.

Overview

Legal Support For the Marriage Green Card Process, From Petition Through Permanent Residency

A marriage-based green card case must clearly establish two things: 

  • that the marriage is legally valid and genuine, and 
  • that the foreign spouse meets the eligibility requirements for permanent residence. 

Unified Immigration Lawyers reviews both before filing the application.

How Can Green Card Attorneys Help My Application?

We handle the entire process, from building the strategy and preparing a strong application to submitting it to the government and supporting you until a decision is made. 

We assess where the foreign spouse is living, how they entered the United States, current immigration status, prior marriages and filings, travel history, and any issues that could affect eligibility. From there, we determine whether the case should proceed through adjustment of status using Form I-485 or consular processing abroad, and coordinate the immigrant petition, relationship evidence, financial sponsorship, and supporting documents accordingly.

Our marriage-based green card lawyers help with:

  • Form I-130, Petition for Alien Relative, and bona fide marriage evidence
  • Form I-485 adjustment of status applications
  • Consular processing for spouses abroad
  • Financial and civil documentation
  • Green card interview preparation
  • Requests for Evidence and other USCIS notices
  • Prior overstays, criminal inadmissibility, or immigration-history concerns
  • Conditional residence and future I-751 requirements

We look at the full case before filing so the forms, evidence, and immigration history work together rather than creating avoidable questions later.

How to Prove My Marriage is Genuine

Being legally married does not, by itself, establish eligibility for a marriage-based green card. USCIS or a consular officer must also be satisfied that the relationship is genuine and that the foreign spouse is eligible for permanent residence.

Our green card attorneys help identify what needs to be included in your specific case, which may include:

  • A legally valid marriage and marriage certificate
  • Proper termination of previous marriages, including applicable divorce decrees
  • The petitioning spouse’s U.S. citizenship or lawful permanent resident status
  • A bona fide relationship
  • Eligibility for adjustment of status or an immigrant visa
  • Required financial sponsorship for your immigrant spouse
  • Complete civil and immigration documentation
  • Complete and properly filled out forms
  • Accurate USCIS processing fees

We also review both spouses’ immigration and relationship histories before filing:

  • Previous marriage-based petitions
  • Marriages entered into during removal proceedings
  • Prior immigration violations, or inconsistent records 

The above can change what evidence is needed and how the case should be presented to support the green card application.

Evidence of a Bona Fide Marriage

USCIS looks for evidence that a marriage is genuine and ongoing, but there is no single checklist that proves a bona fide/genuine marriage. Depending on the couple, supporting evidence may include joint housing, joint finances, insurance records, joint tax returns, children’s birth certificates, travel history, photographs, correspondence, affidavits from family and friends, and other records showing a shared life. 

Our marriage-based green card lawyers help identify the strongest relationship evidence and organize it into a clear, credible record that reflects the couple’s actual circumstances.

Marriage Green Card Options for Couples

Where you and your spouse are living, as well as the foreign spouse’s immigration history, can affect whether you apply for permanent residence from inside or outside of the United States. We assess your options before filing so the petition, immigration application, and supporting evidence are prepared for the appropriate green card process.

Adjustment of Status for a Spouse in the United States (Inland Processing)

For certain eligible foreign spouses completing the green card process without leaving the United States.

Adjustment of status is the process of applying for lawful permanent residence from within the U.S. using Form I-485. In qualifying cases involving an immediate relative of a U.S. citizen, Forms I-130 and I-485 may be filed at the same time.

Before filing, our lawyers review factors that could affect adjustment eligibility, including:

  • How the foreign spouse entered the United States
  • Current immigration status
  • Previous overstays or unauthorized employment
  • Prior immigration filings or refusals
  • Criminal history
  • Potential inadmissibility concerns

Certain applicants with a pending Form I-485 may also be eligible to apply for work authorization and permission to travel internationally while their green card application is pending.

Consular Processing for a Spouse Abroad (Outland Processing)

For married couples completing the process for an immigrant visa abroad while the foreign spouse is outside the United States.

After USCIS approves the Form I-130 petition, a spousal visa case generally proceeds through the National Visa Center (NVC) and then to the appropriate U.S. embassy or consulate abroad.

Our green card attorneys fully prepare the petition and consular processing requirements, including the necessary documentation, financial sponsorship, medical examination requirements, relationship evidence, and preparation for the immigrant visa interview. Depending on the length of the marriage when permanent residence is granted, a qualifying spouse of a U.S. citizen may receive conditional resident status through a CR-1 visa or permanent resident status through an IR-1 visa. 

K-1 Fiancé(e) Visa Before Marriage

For engaged couples planning to marry in the United States rather than marrying before the immigration process begins.

The K-1 fiancé visa is available to qualifying foreign fiancé(e)s of U.S. citizens. It allows the foreign fiancé(e) to enter the United States for the purpose of marrying the petitioning U.S. citizen within 90 days of arrival. After marrying the petitioning U.S. citizen within 90 days of entry, the foreign spouse may apply for adjustment of status.

This is a different process from marrying first and pursuing a CR-1 or IR-1 immigrant visa. If you are deciding between marrying before immigration or pursuing a fiancé visa, we can help assess which route fits your circumstances.

DISCUSS YOUR MARRIAGE-BASED IMMIGRATION OPTIONS

How to Prepare for a Marriage Green Card Interview

A marriage green card interview can determine the outcome of your application. 

A USCIS officer can test more than whether you know facts about your spouse. Immigration officers may review the relationship alongside information already provided in the petition and green card application.

Our interview preparation focuses on making sure you know your own case. We review:

  • Previously submitted forms and supporting documents
  • Important dates and relationship history
  • Addresses, employment, and travel history
  • Previous marriages
  • Immigration history
  • Updated bona fide marriage evidence
  • Inconsistencies or issues likely to require explanation

We always conduct practice interviews so couples understand the interview process, anticipate likely areas of questioning, and feel more prepared for an in-person interview. We focus on helping you answer truthfully and consistently based on the case you actually filed.

What Can Complicate My Marriage Green Card Application?

An issue that appears unrelated to the relationship can sometimes affect whether you are eligible for a green card or not.

The following are examples of what can complicate a marriage-based green card application:

  • Previous visa overstays
  • Unauthorized employment
  • Entry or status issues
  • Prior visa refusals
  • Previous marriage-based petitions
  • Fraud or misrepresentation concerns
  • Criminal history
  • Medical inadmissibility
  • Removal or deportation history
  • Inconsistencies in previous immigration applications
  • Questions about whether the marriage is bona fide
  • Big age gap
  • Missing civil documents
  • Previous marriages that may not have been properly terminated
  • Requests for Evidence (RFEs)
  • Notices of Intent to Deny (NOIDs)

When the history is complicated, knowing what you are dealing with before you file matters. 

Our lawyers conduct a detailed review of the immigration history to determine whether the intended filing route is available, whether an inadmissibility issue or another legal obstacle needs to be addressed, and whether filing the application could expose a larger problem.

Create the Right Foundation For Your Marriage Green Card Application

Book a Consultation With Unified Immigration Lawyers Today

A marriage-based green card application is strongest when the relationship evidence, immigration history, financial sponsorship, and filing route all support the same case.

Preparation matters when the process affects where and how you get to build your life together. Our green card attorneys can review those pieces before filing, identify gaps or inconsistencies, and provide the thorough preparation your marriage green card application needs for USCIS or consular review.

Related Services

Need Advice?

Every immigration matter is different. Speak with one of our lawyers to understand your options, potential risks and recommended next steps.

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Eligibility

Who may qualify for this service?

Why Us
Why Choose Unified Immigration Lawyers.

Choosing the right lawyer is a big decision, and one you want to get right. While all lawyers must meet certain professional standards, not all law firms are the same.

Built for appeals

We regularly appear before the IRB and the Federal Court on refused and complex files, so we know how to build a strong case.

Truly cross-border

Licensed in Canada and the United States. One firm for both sides of the border, with no handoffs.

Flat, transparent fees

Quoted upfront at your consultation. No hidden fees and no hourly surprises.

Direct counsel

From your first consultation you work with a licensed lawyer, never a sales rep, and you stay informed throughout.

Hard cases welcome

Refusals, inadmissibility and complex corporate mobility are our focus, not the files we turn away.

Stress-free

Hiring a lawyer dramatically decreases your chances of denial — so you can focus on your life, not your file.

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Our process

A clear plan for your immigration matter

Every case is different. We tailor our advice, preparation and legal strategy to your circumstances while keeping you informed throughout the process.

Step 01

Consultation & Strategy

We review your immigration history, current circumstances, goals, deadlines and potential risks to understand your matter and available options.

Step 02

Document Preparation

We recommend an approach and provide a tailored checklist identifying the forms, evidence and supporting documents needed for your matter.

Step 03

Preparation and Representation

We prepare or review the required materials, address potential concerns and submit or advance your matter with the appropriate government authority or court, where applicable.

Step 04

Follow-Up and Next Steps

We monitor the matter, respond to requests when included in our services and advise you about decisions, deadlines and available next steps.

Contact
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Use this form to tell us what you are going through. We will carefully review the details of your situation and get back to you within one business day to schedule your strategy session.

Email
info@uilawyers.com
Phone
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Location
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$250 Case Review

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Your $250 consultation gives you dedicated time with an appeal lawyer to review your circumstances, answer your questions, and explain the options available to you. If you retain the firm, your consultation fee will be fully credited toward your legal fees.

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FAQ
Frequently Asked Questions.
How long a marriage-based green card takes depends on:
  • Whether the petitioner is a U.S. citizen or lawful permanent resident
  • Whether the foreign spouse applies through adjustment of status or consular processing
  • The foreign national spouse’s nationality and visa availability, and
  • Current government processing times.
Immediate relatives of U.S. citizens are not subject to the same annual numerical limits as family-preference categories. A marriage green card lawyer can help identify which stages and timing factors apply to your case.
Whether children can immigrate through the same case depends on the petitioning spouse’s immigration status and the family-based category. Children are not automatically included as derivative beneficiaries in every marriage-based green card case.

For example, when a U.S. citizen petitions for a spouse as an immediate relative, qualifying children generally require their own Form I-130 petitions. Different rules can apply when a lawful permanent resident petitions for a spouse and qualifying unmarried children under 21 through the F2A family-preference category.

Our marriage-based green card lawyers can determine which family members can immigrate through the case and whether separate immigrant petitions are required.

If your spouse is already in the United States and eligible to apply for a green card through adjustment of status, they may also be eligible to apply for work authorization using Form I-765 while Form I-485 is pending. Once employment authorization is approved, they can work in the United States while waiting for a decision on the green card application.

A spouse completing consular processing from outside the United States does not receive U.S. work authorization simply because a marriage-based immigrant visa case is pending. They generally cannot work in the United States through the marriage-based case until the immigrant visa is approved and they enter the country as a permanent resident. Depending on their circumstances, they may qualify separately for an employment-authorized U.S. visa or status outside the green card process.
Approval of Form I-130 establishes the qualifying family relationship, but it does not always mean the foreign spouse can immediately apply for a green card. If the spouse is in a family-preference category and an immigrant visa is not yet available, the case generally must wait until the priority date becomes current under the Department of State’s Visa Bulletin. For a spouse completing consular processing, the National Visa Center can hold the approved petition until the case is eligible to move forward.

This commonly matters for spouses of lawful permanent residents because they are generally in the F2A family-preference category. Immediate relatives of U.S. citizens are not subject to the same annual numerical limits.
Adjustment of status allows certain eligible applicants already in the United States to apply for lawful permanent residence without leaving the country. The green card application is generally filed with USCIS using Form I-485. Consular processing is generally used when the foreign spouse is living abroad. After the immigrant petition is approved and a visa is available, the case proceeds through the National Visa Center and the appropriate U.S. embassy or consulate for immigrant visa processing.

Both routes can lead to lawful permanent residence, but the filing requirements, procedures, timelines, travel considerations, and work authorization options differ. Our green card attorneys review where the foreign spouse is living and their immigration history to determine which process is available and appropriate before the case is filed.
Certain eligible applicants can file Forms I-130 and I-485 concurrently, particularly immediate relatives of U.S. citizens when an immigrant visa is immediately available and the applicant otherwise qualifies for adjustment of status. Spouses of lawful permanent residents are generally subject to visa availability, which can affect when Form I-485 may be filed.
An overstay can affect a marriage-based green card case, but the consequences depend on factors including:
  • The petitioning spouse’s immigration status
  • How the foreign spouse entered the United States
  • The length and nature of the status violation, and
  • Whether adjustment of status is legally available.
Marriage to a U.S. citizen does not erase every immigration violation, so the history should be reviewed before filing.
A CR-1 is an immigrant visa for someone already married to a U.S. citizen who is completing the permanent residence process from abroad. A K-1 is a nonimmigrant fiancé visa for a person who plans to marry a U.S. citizen after entering the United States and then apply for adjustment of status. The appropriate route depends in part on whether the couple is already married and where they intend to marry and complete the immigration process.
Joint bank accounts can help demonstrate a bona fide marriage, but they are not the only way to establish a genuine marital relationship. Couples may have separate or joint finances for many legitimate reasons. USCIS can consider the relationship evidence as a whole, which may include shared housing, insurance, property, travel, children, correspondence, photographs, affidavits, joint tax returns, and other records showing an ongoing marital life.
Yes. A green card holder can petition for a qualifying spouse, but the process differs from a case involving a U.S. citizen spouse. Spouses of lawful permanent residents generally fall within the F2A family-preference category, so visa availability can affect when the foreign spouse may proceed with the green card application.
Family preference categories are subject to annual numerical limitations, resulting in waiting periods that vary by category and country of origin.
  • First Preference (F1): Unmarried adult children (21 or older) of U.S. citizens
  • Second Preference (F2):
    • F2A: Spouses and unmarried children (under 21) of green card holders
    • F2B: Unmarried adult children (21 or older) of green card holders
  • Third Preference (F3): Married children of U.S. citizens
  • Fourth Preference (F4): Siblings of U.S. citizens (sponsor must be 21 or older)
If USCIS questions whether a marriage is bona fide, it may request additional evidence, conduct a more detailed interview, or take other action before deciding the petition. The couple may need to provide stronger documentation showing shared finances, housing, family life, travel, communication, or other evidence of an ongoing bona fide relationship.
Divorce does not necessarily mean a conditional permanent resident is unable to remove the conditions on residence. In certain circumstances, an applicant may request a waiver of the usual joint-filing requirement and establish that the marriage was entered into in good faith even though it later ended. The filing requirements and evidence differ from a jointly filed petition, so divorce decrees and other evidence concerning the marriage and its termination may become important.
A conditional green card is generally issued for two years when permanent residence is based on a marriage that was less than two years old at the time residence was granted. To keep permanent resident status, the conditional resident must typically file Form I-751, Petition to Remove Conditions on Residence, with evidence that the marriage was entered into in good faith.

If the couple can no longer file jointly because of divorce, abuse, hardship, or another qualifying circumstance, a waiver of the joint-filing requirement may be available. Unified Immigration Lawyers can help prepare the I-751 petition, organize relationship evidence, and address complications that affect the removal of conditions process.