Berd & Klauss, PLLC, helps couples handle marriage-based green card cases through each stage of the filing. As a marriage immigration lawyer in NYC, our firm can help you understand what evidence you need and how to avoid common filing problems.
Proving your marriage is real
We can help the US citizen or lawful permanent resident spouse file Form I-130 (Petition for Alien Relative) along with evidence that you and your spouse share a real life together, which can include:
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Legal marriage records |
Marriage certificate |
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Divorce decrees from prior marriages |
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Death certificate for a former spouse, if applicable |
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Shared home records |
Joint lease |
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Mortgage records |
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Utility bills |
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Mail sent to the same address |
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Shared financial records |
Joint bank accounts |
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Insurance policies |
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Tax records |
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Shared bills |
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Relationship history |
Photos |
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Travel records |
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Messages |
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Affidavits from family or friends |
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Family records |
Birth certificates for children you have together |
Filing for the green card
After or alongside the I-130, the foreign national spouse must apply for the green card itself. We can assist you in determining the right filing route and how to prepare for the requirements tied to that route:
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Filing path |
When it applies |
What happens |
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Adjustment of status |
The foreign national spouse is already in the US and is eligible to apply from inside the country |
The spouse files for the green card through USCIS and may also request work authorization and travel permission |
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Consular processing |
The foreign national spouse lives outside the US |
The case goes through the National Visa Center before an interview at a US Embassy or Consulate |
Meeting the financial requirement
Marriage-based green card cases also require the sponsor to complete and sign Form I-864 (Affidavit of Support) to show USCIS that they have enough income and/or assets to financially support the foreign national spouse.
As your marriage immigration lawyer in NYC, Berd & Klauss, PLLC can check whether the sponsor’s income meets the required level for the household size. If it does not, we can help you look at the next option, such as using a joint sponsor or including qualifying household income.
FAQs
It can take several months or longer than two years, depending on:
- Whether your spouse is a US citizen or green card holder
- Whether you file from inside the US or abroad
- How quickly USCIS or the consulate processes the case
You are not required to hire a marriage immigration lawyer in NYC, but having legal guidance can help if:
- You have prior immigration issues
- Some of your documents are missing
- Your income may not meet the Affidavit of Support requirement
- You need to travel outside the US while your application is pending
You may be able to apply for work authorization if you file Form I-485 in the United States. But you should not assume that you can work until USCIS approves that request. Talk to a marriage immigration lawyer in NYC for guidance.