Marriage-Based Green Card Submissions Update (Spouse of a US Citizen)
Marriage-Based Green Card Filing – Why Careful Preparation Matters More Than Ever
Our office recently submitted a few marriage-based green card applications for married couples whose petitioning spouses are U.S. citizens. Because a U.S. citizen’s spouse is considered an immediate relative under immigration law and not subject to annual visa number limits, we could file the I-130 petition and the Adjustment of Status (I-485) simultaneously. Each final submission packet included a detailed legal memo and a comprehensive set of supporting documents, totaling nearly 350 pages.
These days, USCIS is examining marriage-based green card cases more closely than ever. Officers are specifically trained to identify signs of fraud and pay attention to even the most minor inconsistencies in your case. A weak or disorganized application, or an interview that raises red flags, can lead to denial and, in some cases, removal proceedings.
If you are married to a U.S. citizen, certain immigration violations, such as a visa overstay or unauthorized employment, can be forgiven, as long as you entered the United States lawfully with inspection or admission. In that case, you may be eligible to adjust your status from within the U.S. without leaving the country. However, the process is different if you do not have a record of lawful entry. You would need to apply for a waiver and complete the green card process abroad at a U.S. consulate.
Other inadmissibility grounds, such as prior removal orders, misrepresentation, or certain criminal offenses, can still impact your eligibility and require a separate waiver application. These days, it is especially important to determine whether you will need additional waivers and to fully assess your eligibility before submitting anything to USCIS. Trying to fix a denied or mishandled case often becomes more costly and stressful than working with an experienced immigration attorney from the beginning.
If you have past immigration issues such as a visa or ESTA overstay, need a waiver for other inadmissibility grounds, are not currently living with your spouse, or have received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) after filing on your own, it is essential to get legal help. Marriage-based green card applications can be denied if they are incomplete, lack strong evidence, or conflict with your immigration history.
This is especially true when responding to an RFE or NOID. These days, USCIS often issues notices using pre-generated or template-based language that can be vague or overly broad. Many applicants without legal experience find it difficult to understand exactly what is requested. In some cases, USCIS may ask for documents that do not apply to your case, do not exist, or were already submitted. A strong response requires more than submitting papers. It takes careful legal analysis, clear explanation, and strategic presentation to resolve concerns and protect your case.
If your case involves any of these challenges, working with an experienced immigration attorney can help you avoid unnecessary delays, protect you from denial, and give your case the best possible chance of success. If you need help preparing your marriage-based green card application or responding to an RFE or NOID, contact our office to schedule a consultation. We are here to guide you through every step of the process.
At our office, we take the time to understand each couple’s unique story and immigration background. If you are planning to apply or are unsure where to begin, schedule a consultation or send us an inquiry.
Email: info@amylawoffice.com (request consultation availability)
Call: 571-387-0407
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.