Even with close family ties like a US citizen spouse or adult child, many undocumented immigrants are still required to leave the country and wait abroad for years before their case moves forward. And while most people want to follow the legal process, the problem is that the process doesn’t exist or is full of obstacles. If you or your spouse is at risk of removal or facing legal uncertainty, it’s important to act quickly with a marriage immigration lawyer in NYC.
How a marriage visa helps protect your future
Marriage-based green cards (commonly referred to as spousal visas) allow a US citizen or permanent resident to sponsor their foreign spouse for lawful permanent residence in the United States. This legal status offers stability and protection from deportation, as well as a path toward eventual citizenship.
Our legal team regularly helps clients prove that their marriage is genuine, which is critical during the application and interview stages. With the right preparation and evidence, you can avoid unnecessary delays or rejections and reduce the anxiety that often surrounds these cases.
What to know about CR1 and IR1 marriage visas
The type of visa you receive depends on how long you’ve been married at the time of approval:
- CR1 visa (Conditional Resident)
If you’ve been married for less than two years when your green card is issued, you’ll receive a conditional status. After two years in the US, you and your spouse will need to file jointly to remove those conditions and receive a 10-year permanent resident card. - IR1 visa (Immediate Relative)
Have you been married for more than two years at the time of green card approval? That means you’re eligible for a full 10-year green card right away — no extra steps required.
Processing times for these visas vary. While the wait is usually several months for spouses of US citizens, those married to green card holders often face longer timelines. In most cases, the CR1 visa is now preferred over the older K-3 spousal visa process due to its more direct structure.
Proving you’re in an authentic marriage
If you’re applying for an IR-1 or CR-1 visa, you need to pass consular processing, which includes submitting documents and attending an interview at a US Embassy or consulate abroad. But before that, check if you meet all the requirements. Your spouse must be at least 18 years old and living (or intending to live) in the United States. Most importantly, you’ll need to show that your marriage is legitimate.
Marriage alone isn’t enough. US immigration officers will be looking for proof that your relationship is real and not just for the purpose of getting a green card. This is what immigration authorities call a “bona fide” marriage, where both partners genuinely intend to build a life together.
Not sure if you qualify? A seasoned marriage immigration lawyer in NYC can walk you through the process and help you gather the right evidence from the start.
What qualifies as proof of a bona fide marriage
Start by including your official marriage certificate, but understand that this document is just the foundation. Immigration officers will expect more proof that shows how your relationship has developed over time.
Think of your application as a timeline. Include evidence from different stages of your life together — your early relationship, wedding, and time as a married couple. Avoid submitting photos or documents that only cover one short period.
Build a strong I-130 petition with the right supporting documents
Your goal is to show that your lives are genuinely intertwined. That means submitting a variety of documents across different categories. While not every couple will have everything listed below, include as many types of evidence as possible to paint a fuller picture of your relationship.
A marriage immigration lawyer in NYC can help you prepare the necessary supporting documents, such as:
- Proof of your combined finances, such as joint bank account statements and mortgage documents listing both spouses
- Proof of living together, such as joint lease agreements and utility bills
These documents, when submitted together, help create a strong case for cohabitation — an essential part of proving a genuine marriage.
Get more insights from an immigration expert
If you need help preparing your petition or understanding what counts as strong evidence, speak with a knowledgeable immigration attorney. At Berd & Klauss, PLLC, our team focuses on helping couples navigate marriage-based immigration with clarity and confidence.
Call us at 212-461-7152 to schedule your complimentary initial consultation or email info@berdklauss.com to get started. Our marriage immigration lawyer in NYC is here to make your path to permanent residency easier to understand and easier to achieve.