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Green Card for Spouses
Green Card for Spouses: Marriage-Based Permanent Residence and Family Unity
Spouses of U.S. citizens and lawful permanent residents are eligible to obtain a Green Card and live permanently in the United States. At the heart of every marriage-based Green Card case lies one core legal requirement: the marriage must be genuine and entered into in good faith, not solely for immigration purposes. USCIS carefully evaluates the authenticity of the marital relationship to ensure that it reflects a real shared life and mutual commitment.
Marriage-Based Green Card Categories and the Legal Process
1. Spouse of a U.S. Citizen (Immediate Relative – IR1/CR1)
- Key Advantage: Spouses of U.S. citizens fall under the Immediate Relative category, which is not subject to annual visa quotas. As a result, an immigrant visa number is immediately available once the petition is approved.
- Inside the United States: If the spouse is lawfully present in the U.S., the process may proceed through Adjustment of Status (Form I-485), often allowing the couple to remain together in the U.S. while the application is pending.
- Outside the United States: If the spouse resides abroad, the case is processed through consular processing, resulting in a CR1 or IR1 immigrant visa issued prior to entry into the United States.
2. Spouse of a Lawful Permanent Resident (Family Preference – F2A)
- Quota Limitations: Spouses of Green Card holders fall under the Family Second Preference (F2A) category. Unlike immediate relatives, this category is subject to annual numerical limits, and processing times may vary depending on visa availability as reflected in the Department of State Visa Bulletin.
3. Conditional Residence and Removal of Conditions (CR1/CR6)
- Conditional Green Card: If the marriage is less than two years old at the time permanent residence is granted, the foreign spouse receives a two-year conditional Green Card.
- Removal of Conditions (Form I-751): Within the 90-day period before the conditional status expires, the couple must jointly file a petition to remove conditions. This filing must be supported by substantial evidence showing that the marriage remains ongoing and bona fide, such as joint bank accounts, shared leases or property, insurance policies, tax filings, and, where applicable, children's birth certificates.
- Interview Considerations: USCIS may require an in-person interview, either as part of routine processing or where additional verification is deemed necessary. During the interview, the officer assesses the consistency of the couple's testimony and the overall credibility of the marital relationship.
Important Note on Documentation
In practice, marriage-based Green Card cases are as much about documenting a shared life as they are about completing immigration forms. When approached thoughtfully and supported with clear, credible evidence, this pathway provides a stable and family-centered route to permanent residence in the United States.
How Celiksoy Law Firm Can Help
The marriage-based Green Card application involves careful legal planning and comprehensive documentation. As experienced immigration attorneys, we are here to be your expert partner. We offer strategic guidance to build the strongest possible application.
Our marriage-based Green Card services include:
- Comprehensive Eligibility Assessment: We provide a thorough consultation to evaluate your marriage, immigration status, and eligibility for spousal immigration benefits.
- Evidence Preparation: We assist in compiling and organizing documentation demonstrating the bona fide nature of your marriage, including joint financial records, shared residence evidence, and other supporting materials.
- Category Determination: We review your specific situation to determine whether you qualify under the Immediate Relative category or Family Preference category, and advise on processing options.
- Full-Service Application Management: We prepare and file your Green Card application, handle all communication with USCIS, and guide you through the interview process.
- Removal of Conditions: We help you navigate the conditional residence removal process (Form I-751) and ensure timely filing with proper documentation.
Do not leave your family's future to chance. Contact Celiksoy Law Firm today to schedule a strategic consultation and begin your marriage-based Green Card journey.
Disclaimer: The information in this article is for general guidance only and does not constitute legal advice. Immigration rules change frequently. Please contact Celiksoy Law Firm for advice specific to your circumstances.
Frequently Asked Questions
What is the difference between IR1 and CR1 visas?
Both IR1 and CR1 visas are for spouses of U.S. citizens. The key difference is the length of the marriage at the time the Green Card is granted. If the marriage is less than two years old, the spouse receives a CR1 (conditional resident) visa and a two-year conditional Green Card. If the marriage is two years or older, the spouse receives an IR1 visa and a permanent Green Card without conditions.
What evidence is needed to prove a bona fide marriage?
USCIS requires substantial evidence showing that the marriage is genuine. This includes joint bank accounts, shared leases or property ownership, insurance policies listing each other as beneficiaries, joint tax filings, children's birth certificates where applicable, photographs together, affidavits from family and friends, and evidence of shared communication and travel.
What is Adjustment of Status?
Adjustment of Status (Form I-485) is the process by which a foreign spouse who is already lawfully present in the United States can apply for permanent residence without leaving the country. This allows couples to remain together in the U.S. while the Green Card application is pending.
What is the F2A category for spouses of Green Card holders?
The F2A category is a Family Second Preference category for spouses of lawful permanent residents (Green Card holders). Unlike the Immediate Relative category for spouses of U.S. citizens, F2A is subject to annual numerical limits. Processing times may vary depending on visa availability as reflected in the Department of State Visa Bulletin.
What is the I-751 petition to remove conditions?
Form I-751 is the petition to remove conditions on a conditional Green Card. Within the 90-day period before the two-year conditional status expires, couples must jointly file this petition with evidence showing the marriage remains ongoing and bona fide. USCIS may require an interview to assess the credibility of the relationship.
Will we need to attend an interview?
USCIS may require an in-person interview as part of routine processing or where additional verification is deemed necessary. During the interview, the officer assesses the consistency of the couple's testimony and the overall credibility of the marital relationship. Both spouses should be prepared to answer questions about their relationship and shared life.
How We Work on Your Case
Step 1 Free Consultation (within 24 hours)
We review your goals and eligibility, explain your best routes, outline risks, and give you a clear roadmap, fees, and timeline.
Step 2 Onboarding & Checklist (same day)
Engagement confirmed, ID verification completed, and you receive a tailored document checklist and templates.
Step 3 Evidence & Application Preparation (1-8 weeks)
We gather evidence, complete forms, and draft detailed legal representations aligned to USCIS requirements.
Step 4 Quality Review & Sign-off (2-5 days)
Our attorneys conduct a line-by-line check for accuracy, completeness, and regulatory compliance. You approve the final package.
Step 5 Decision & Next Steps (USCIS times vary)
We monitor your case, respond to any requests for evidence, and update you promptly.
