Austin Green Card Through Marriage Lawyer

Get Help With a Green Card and Immigration Law in Austin and Throughout Texas

At J. Sparks Law, PLLC, our Austin green card through marriage attorney is committed to empowering clients with the knowledge, tools, and resources that they need to achieve their American dream with our effective immigration services. Our firm takes a solutions-focused approach and has helped immigrants from more than 110 countries around the world. If you have any questions or concerns applying for a green card through marriage, we are here to help. Contact us at our Austin office today for a fully confidential consultation with a top-tier Texas immigration lawyer. 

What is a Green Card?

United States Citizenship and Immigration Services (USCIS) explains that a green card is officially referred to as a “permanent resident card.” Broadly defined, it is a document that is issued by the American government that grants foreign nationals (immigrants) the right to live and work in the United States on a permanent basis. 

To be clear, a green card is not the same thing as American citizenship. With that being said, holding one in good standing is one big step towards becoming a citizen. Further, a green card allows people to enjoy many of the rights that are granted to citizens. Green card holders can: 

• Travel freely within the county; 
• Apply for and hold most jobs positions; 
• Apply for Social Security benefits and many other benefits; and 
• Sponsor certain family members for their own green card.

Understanding Marriage-Based Green Cards in the Immigration Process

A marriage-based Green Card allows the foreign spouse to live and work permanently in the United States. If you are an immigrant who is married to a U.S. citizen, you may be entitled to a green card based on your marriage. Indeed, Marriage to a U.S. citizen or lawful permanent resident is one of the most common and most straightforward pathways to obtaining a Green Card or United States Citizenship. The U.S. government recognizes the importance of keeping families together. Still, there are strict guidelines in place to prevent immigration fraud. The marriage green card application or process requires careful attention to immigration laws and procedures to ensure eligibility and avoid a delay or even a denial.

The Requirements to Qualify for a Green Card Through Marriage

How do you qualify for a green card through marriage with lawful permanent resident status? If you or your spouse is preparing to seek one, it is crucial that you have a general understanding of the requirements and immigration benefits. Here are some of the key eligibility requirements that you must satisfy before you can get a marriage-based green card or permanent residency:

• A Valid Marriage: Your marriage must be legally valid—as recognized by the United States government. Your marriage must be recognized in the country or state where it took place and in the United States. Marriages that do not meet American standards—such as an underage marriage or a polygamous marriage—do not quality. 
• Evidence of Bona Fide Marriage: Applicants must prove that the marriage is genuine and not entered into solely for immigration purposes. If a marriage is entered into for the purposes of getting a green card for the foreign spouse, it is not considered valid under U.S. immigration law. You may provide evidence in the form of personal testimony, financial records, and support from friends/family. 
• Legal Eligibility of the Petitioner: The U.S. citizen or permanent resident spouse must be legally eligible to sponsor the foreign spouse. Otherwise, you cannot apply. Among other things, the petitioner must be at least 18 years old and a current resident of the U.S.
• No Prior Immigration Violations: The applicant (foreign national spouse) should not have any disqualifying immigration violations. Some common examples include the overstaying of an immigrant visa or fiancé visa and unlawful entry into the country. Notably, some exceptions and waivers may apply to previous violations. If you find yourself in this situation, it is imperative that you consult with an Austin, TX immigration attorney as soon as possible. 
• Affidavit of Support: Finally, the sponsoring spouse must meet certain income requirements to prove they can financially support the applicant. Most often, this means they must have resources equivalent to 125 percent of the federal poverty level. 

An Overview of the Marital Green Card Application Process With a Immigration Attorney

You may be wondering: What is the process for applying for a green card through marriage? The short answer is that there are a number of different specific steps. Here are key points to be prepared for when starting the marital green card application process: 

• Filing the Petition (Form I-130): The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, to establish the qualifying relationship with Homeland Security. The form includes sections for providing proof of the marriage and the sponsor’s status.
• Adjustment of Status or Consular Processing: If the applicant is already in the U.S., they may file Form I-485 for Adjustment of Status along with the I-130. If abroad, they will go through consular processing at a U.S. embassy or consulate after the I-130 is approved.
• Biometrics Appointment: The foreign national spouse must attend a biometrics appointment to provide fingerprints, photographs, and signatures for background checks. The purpose of this aspect of the application process is identity verification.
• Immigration Interview: Both spouses may be required to attend an interview with a USCIS officer (for Adjustment of Status) or a consular officer (for consular processing) to verify the authenticity of the marriage. The interview assesses the couple’s relationship and eligibility.
• Receive Marital Green Card Decision: Finally, the USCIS or the consulate will make a decision on the application. If approved, the applicant will receive their Green Card in the mail (if in the U.S.) or a visa to enter the U.S. and receive the Green Card upon arrival. 

How to Prepare for the Green Card Through Marriage Interview

To qualify for a green card through marriage, you and your spouse are going to be required to sit for an interview with American immigration officials for lawful permanent residence. For most people, this is one of the most stressful parts of the process and family based petitions. Indeed, it is what they are worried about. Here is the good news: The interview is far easier when you are properly prepared. Here are some tips:

• Review Your Application: Prior to the day of the interview, you and your spouse should thoroughly review all submitted documents. Both spouses must be consistent in your answers. Seemingly small discrepancies can raise a red flag for an immigration officer.
• Gather Any Additional Evidence: You should bring relevant evidence of your relationship—things like recent photos, joint bills, shared insurance policies, or travel plans. That additional information supports the validity of your marriage.
• Know the Common Questions: You should familiarize yourselves with common interview questions about your relationship, daily routines, family backgrounds, and future plans. A lawyer can help you discuss what questions are likely to be asked. Tell the Truth: You should provide clear, honest answers. If you do not know an answer, it is acceptable to say so rather than guessing. Lying or providing materially misleading answers can lead to denial. Always be honest. 

You can and should be represented by your Austin, TX immigration lawyer during your green card through marriage interview. The right lawyer can take a lot of the pressure off of you and your family. Along with other things, your attorney will help you prepare for the questions and represent you and your spouse during the interview process itself. 

Why Rely On Austin Immigration Lawyer Julie Sparks

The American immigration system is complicated. If you or your spouse is applying for a green card through marriage, it is normal to have a ton of questions about your rights, your options, and the nuances of the application process. A marital green card offers major benefits—it can eventually lead to U.S. citizenship. Our founding attorney Julie Sparks has the knowledge, skills, and legal expertise that you can trust. She is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law. We are proactive. Along with other things, our Austin immigration lawyer is prepared to: 

• Listen to what you have to say and answer questions about the marriage green card process;
• Help you gather and prepare all of the supporting documentation that you need; 
• Handle the green card through marriage paperwork, guiding you through each step; and
• Take action to help you overcome any issues that might arise during the process.  

We know that no two marriages are exactly the same. Our Austin green card through marriage lawyer is prepared to provide personalized guidance and support through each and every step of the immigration system. We always invest time, resources, and attention into the small details. Our client reviews and immigration law case results tell the story.

Green Card Through Marriage: Frequently Asked Questions (FAQs)

Do I Need to Hire a Lawyer to Apply for a Green Card through Marriage?

Although it is not required by law, it is highly recommended that you and your spouse retain an Austin immigration lawyer who has experience handling marital green card cases. The immigration process is challenging—even for married couples who clearly have a valid, authentic relationship. Your Austin, TX green card marriage lawyer can help ensure that all forms are correctly completed, evidence is provided, and deadlines are met. Further, your lawyer can also provide valuable guidance if any issues or complications arise during the application process. 

How Long Does it Typically Take to Obtain a Green Card through Marriage?

It depends. The processing time for a marriage-based Green Card can vary based on several factors—including whether you are applying from within the United States or abroad. As a general timeline, you can expect the process to take one to two years. Though, it could take less (or more) time in your particular case. Our Austin immigration lawyer can help. 

Can the Non-Resident Spouse Work in the U.S. While a Green Card Application is Pending?

Maybe. If you are applying for a Green Card from within the United States (Adjustment of Status), you can apply for an Employment Authorization Document (EAD). To do this, you will need to submit an immigration document called a Form I-765 along with your application. It is effectively a work permit that allows you to legally work in the U.S. while your application is being processed. 

How Long Do I Need a Marriage Green Card to Apply for Citizenship?

A minimum of three years. If you have held a marital green card for three years in good standing and you meet all other requirements, you can apply for American citizenship. An Austin, TX citizenship through naturalization lawyer can help you navigate the application process. 

What Does It Mean to be Issued a Conditional Marriage-Based Green Card?

It is not a bad sign if you receive one. A conditional Green Card is issued to people whose marriage is less than two years old at the time of approval. It will only be valid for two years. To remove the conditions and obtain a permanent 10-year Green Card, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before your conditional green card expires. It is an extra requirement to ensure people in new marriages have a legitimate relationship.  

I Am Getting Divorced and I Have Not Received My Marital Green Card Yet—What Now?

If your marriage ends due to a divorce (or annulment) before your green card has been approved, your eligibility is in serious jeopardy. Indeed, USCIS may deny the application since the qualifying relationship no longer exists. With that being said, there are exceptions where you may still adjust your status—such as if you can prove the marriage was bona fide or if you qualify under certain domestic abuse protection provisions. If you find yourself in this challenging situation, it is imperative that you consult with an experienced green card immigration lawyer right away 

Contact Our Austin Green Card Through Marriage Attorney Today

At J. Sparks Law, PLLC, our Austin immigration attorney has the skills and experience to help you and your spouse pursue a marriage-based green card. If you have any questions about the process, we can help. Contact us today for a fully confidential, no obligation consultation. With an office in Austin, we provide immigration law services throughout the surrounding region in Texas.