Marriage Green Cards

California Marriage-Based Green Card & Spouse Visa Attorneys

Considering a marriage-based green card? Here is what to know.

• Yaghmai Law Firm represents U.S. citizens, lawful permanent residents, and their foreign spouses and fiancé(e)s worldwide from our Los Angeles office.
• We handle IR-1 and CR-1 spousal immigrant visas, K-1 fiancé(e) nonimmigrant visas, K-3 spousal nonimmigrant visas, F2A spouse-of-LPR family-preference petitions, and I-751 removal-of-conditions filings (joint and waiver-based).
• Spouses of U.S. citizens are immediate relatives under INA § 201(b)(2)(A)(i) (8 U.S.C. § 1151(b)(2)(A)(i)) with no annual numerical cap; spouses of LPRs fall under the F2A family-preference category at INA § 203(a)(2)(A) (8 U.S.C. § 1153(a)(2)(A)) and are governed by the Department of State Visa Bulletin.
• Strategy sessions are available remotely worldwide. Multilingual representation in English, French, and Persian (Farsi); Spanish via interpreter.
• Schedule a strategy session or send us your case details.

A marriage-based green card is a lawful permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. The path that fits your case depends on three variables: the petitioner’s status (USC or LPR), where the foreign spouse currently lives (inside or outside the United States), and how long the couple has been married at the time the green card is approved. Each combination routes through a different statutory framework, a different filing sequence, and a different timeline.

Yaghmai Law Firm advises clients on the route that fits the case, prepares the I-130, I-129F, I-485, and I-751 filings with full documentary support, and represents the parties at the USCIS adjustment-of-status interview or U.S. consulate abroad. We work with petitioners and beneficiaries throughout California and worldwide, and pay particular attention to the fact-specific bona-fide-marriage record that USCIS expects to see in every spousal case.

Who Qualifies for a Marriage-Based Green Card

Three statutory paths lead to a green card based on marriage. The path is determined by the petitioner’s status and the parties’ location at the time of filing.

Spouse of a U.S. Citizen (IR-1 or CR-1). The foreign spouse is classified as an immediate relative under INA § 201(b)(2)(A)(i) (8 U.S.C. § 1151(b)(2)(A)(i)). There is no annual numerical cap; an immigrant visa number is immediately available. If the foreign spouse is inside the United States in a status that permits adjustment, the I-130 and I-485 can be filed concurrently. If the foreign spouse is abroad, the case is routed through the National Visa Center and a U.S. consulate (consular processing). At the time of admission or adjustment, the spouse receives a CR-1 conditional 2-year green card if the marriage is less than two years old, or an IR-1 10-year green card if the marriage is two years or older. See INA § 216 (8 U.S.C. § 1186a) for the conditional-residence framework.

Fiancé(e) of a U.S. Citizen (K-1, then AOS). The K-1 nonimmigrant visa is authorized by INA § 101(a)(15)(K) (8 U.S.C. § 1101(a)(15)(K)) and INA § 214(d) (8 U.S.C. § 1184(d)), with regulations at 8 CFR 214.2(k) and 22 CFR 41.81. The U.S. citizen petitioner files Form I-129F; on approval and consular issuance of the K-1, the fiancé(e) enters the U.S. and the parties must marry within 90 days of admission. The K-1 holder then files Form I-485 to adjust status to LPR. K-2 derivative status is available for the K-1 beneficiary’s unmarried children under 21.

Spouse of an LPR (F2A). The foreign spouse is classified under the family-second-preference category at INA § 203(a)(2)(A) (8 U.S.C. § 1153(a)(2)(A)). F2A is subject to the per-country and worldwide numerical caps in INA § 202 (8 U.S.C. § 1152), and a visa is only available when the priority date is current on the monthly Department of State Visa Bulletin. F2A has been current in recent bulletins but is subject to retrogression at any time. If the LPR petitioner naturalizes during the pendency of an F2A petition, the petition automatically converts to immediate-relative (IR-1/CR-1) under INA § 204(k).

Fee-Forward Engagement Model

Marriage-based immigration matters are not contingent-fee work. Yaghmai Law Firm represents clients on a fee-forward basis under a written engagement letter that specifies the scope of representation (which petitions and stages are included), the flat or hourly fee, the deposit, and any third-party costs such as USCIS filing fees, Department of State immigrant-visa fees, biometrics, medical exams, civil-document procurement, and certified translations.

Client funds advanced for fees are held in the firm’s IOLTA client trust account in accordance with the California Rules of Professional Conduct and the State Bar of California Rules. Earned fees are withdrawn against the engagement letter on a billing cycle that we agree on at intake. Filing-fee checks made payable to U.S. Department of Homeland Security are transmitted to USCIS or NVC as part of the filing package and are not commingled with trust funds.

Bona Fide Marriage Evidence

USCIS adjudicates marriage-based petitions for evidence that the marriage was entered into in good faith and not for the purpose of evading the immigration laws. The legal standard sits behind INA § 204(c) (8 U.S.C. § 1154(c)), which permanently bars any future immigrant petition once USCIS has made a fraud finding against the beneficiary in a prior marriage case. Because the bar is permanent and the adjudication is fact-driven, building the bona-fide-marriage record with care is the single most important task in the case.

The categories of evidence the firm typically assembles include:

• Co-mingled finances. Joint bank accounts (with transaction history showing both spouses depositing and spending), joint credit cards, joint tax returns filed Married Filing Jointly, beneficiary designations naming the spouse on retirement accounts and life insurance.
• Joint residence. Lease or deed in both names, utility bills addressed to both spouses, driver’s license or DMV records showing the same address, USPS forwarding orders.
• Photographs over time. Photos with both spouses across the relationship timeline, with extended family, at weddings and holidays, on travel. Metadata-bearing originals are preferred over compressed social-media uploads.
• Travel and communication records. Boarding passes, hotel receipts, and itinerary records of joint travel; chat logs, call logs, and email records from the courtship and marriage.
• Sworn affidavits. Declarations from family members, friends, clergy, employers, and roommates who have personal knowledge of the marriage. We prepare these declarations to address the specific facts that USCIS officers test in Stokes-style interviews.
• Children of the marriage. Birth certificates and (where applicable) pregnancy records.

The brief filed with the I-130 lays out the relationship timeline, identifies the evidence supporting each phase of the relationship, and addresses any factors USCIS might flag (large age difference, short courtship, language differences, prior marriages, prior immigration violations).

The I-130 + I-485 (or NVC Consular) Process Step-by-Step

The filing sequence depends on whether the foreign spouse is inside or outside the United States and whether the petitioner is a U.S. citizen or LPR.

Concurrent filing (USC petitioner, beneficiary in U.S. in valid status or otherwise eligible to adjust):

1. File Form I-130 (petition for alien relative) together with Form I-485 (adjustment of status), Form I-864 (affidavit of support), supporting civil documents, Form I-693 (medical examination), and optional Form I-765 (EAD) and Form I-131 (advance parole). This is permitted by 8 CFR 245.2 because an immediate-relative visa is immediately available.
2. USCIS sends receipt notices and a biometrics appointment notice within several weeks.
3. EAD (and advance parole, if filed) typically issue while the I-485 is pending.
4. USCIS schedules a green-card interview at the local field office where both spouses appear together with originals of the civil documents and bona-fide-marriage evidence.
5. If approved at or shortly after the interview, USCIS issues the green card. A marriage less than two years old at the date of approval yields a CR-1 conditional 2-year card and triggers the I-751 timeline; a marriage two years or older yields an IR-1 10-year card.

Consular processing (beneficiary abroad):

1. File Form I-130 with USCIS.
2. On approval, USCIS forwards the petition to the National Visa Center (NVC).
3. NVC collects fees, the DS-260 immigrant-visa application, civil documents, and the I-864 affidavit of support.
4. NVC schedules the immigrant-visa interview at the U.S. embassy or consulate with jurisdiction over the beneficiary’s residence.
5. On visa issuance, the beneficiary travels to the U.S., pays the USCIS immigrant fee, and is admitted as an LPR (CR-1 or IR-1, depending on length of the marriage at admission).

K-1 fiancé(e) sequence:

1. File Form I-129F with USCIS.
2. On approval, the petition routes to NVC and then to the consulate, which schedules the K-1 interview and issues the K-1 visa to the beneficiary (and K-2 visas to qualifying children).
3. The beneficiary enters the U.S. on the K-1. The parties must marry within 90 days of admission (INA § 214(d)). The K-1 cannot be extended and cannot be converted to any other status; if the parties do not marry the K-1 holder, the K-1 holder must depart.
4. After the marriage, the K-1 holder files Form I-485 to adjust to LPR status. The marriage automatically establishes the qualifying relationship, but the bona-fide-marriage evidence (now post-marriage) must still be submitted with the I-485.

F2A (spouse of LPR):

1. The LPR petitioner files Form I-130.
2. The petition is held at USCIS or NVC until the priority date is current on the Visa Bulletin. F2A has often been current in 2025-2026, but priority-date retrogression is possible.
3. Once current, the case proceeds to consular processing (if beneficiary is abroad) or to I-485 adjustment (if beneficiary is in the U.S. in a status that permits adjustment).
4. If the LPR petitioner naturalizes during the pendency, the petition converts to immediate-relative status under INA § 204(k) and the visa becomes immediately available.

Common Pitfalls That Cause RFEs, Delays, and Denials

A handful of recurring issues account for most marriage-based denials and Requests for Evidence in our experience.

Inadmissibility under INA § 212(a) (8 U.S.C. § 1182(a)). Even with an approved I-130, the beneficiary still has to be admissible. Unlawful presence, prior removals, certain criminal convictions, prior misrepresentations to immigration authorities, and certain medical findings can trigger inadmissibility. Some are waivable (e.g., the I-601A provisional unlawful-presence waiver under 8 CFR 212.7(e); the I-601 waiver for misrepresentation under INA § 212(i)); others are not. Identifying admissibility issues before filing is essential.

Bars to adjustment under INA § 245(c) (8 U.S.C. § 1255(c)). Most categories of unlawful presence, unauthorized employment, and entries without inspection block adjustment of status, except for immediate relatives of U.S. citizens (who are excepted from most § 245(c) bars) and certain INA § 245(i) grandfathered beneficiaries. Beneficiaries blocked from adjustment generally must consular-process abroad.

K-1 90-day rule failure. Marriage to the K-1 petitioner after the 90-day window does not convert the K-1 to LPR status, and the K-1 holder typically falls out of status. The fix is either to consular-process a new IR-1/CR-1 case from abroad or, in narrow circumstances, to pursue another route.

Prior marriage-fraud findings under INA § 204(c) (8 U.S.C. § 1154(c)). Once USCIS has determined that any prior marriage was entered into to evade the immigration laws, no future immigrant petition can be approved for that beneficiary. There is no waiver. Defending against a § 204(c) allegation, or addressing one that already exists in the record, requires careful documentary rebuttal.

Conditional-residence I-751 timing failures. Joint I-751 petitions must be filed in the 90-day window immediately before the second anniversary of CR-1 admission or adjustment (INA § 216(d)(2); 8 U.S.C. § 1186a(d)(2); 8 CFR 216.4). Late filings without good cause and extenuating circumstances result in automatic termination of LPR status and the initiation of removal proceedings.

Age-out of step-children. A step-child relationship is created only if the marriage occurred before the child’s 18th birthday (INA § 101(b)(1)(B); 8 U.S.C. § 1101(b)(1)(B)). After 18, no step-child relationship exists and the child cannot derive immigration benefits through the step-parent.

Conditional vs Unconditional Status and I-751 Removal of Conditions

If the marriage is less than two years old at the time the beneficiary is admitted as an LPR (or adjusts to LPR status), the green card is conditional for two years under INA § 216 (8 U.S.C. § 1186a), with implementing regulations at 8 CFR 216. To remove the conditions and obtain a 10-year card, the parties must file Form I-751, Petition to Remove Conditions on Residence.

Joint petition. Where the marriage is intact, the I-751 is filed jointly by both spouses in the 90-day period immediately preceding the second anniversary of the date the beneficiary obtained conditional LPR status (8 U.S.C. § 1186a(d)(2); 8 CFR 216.4). On receipt of a properly filed I-751, USCIS automatically extends conditional LPR status while the petition is pending, typically by issuing an extension notice valid for an extended period.

Waivers of the joint-petition requirement. Where the marriage has ended or where joint filing is not possible, INA § 216(c)(4) (8 U.S.C. § 1186a(c)(4)) authorizes three waiver grounds: (a) extreme hardship to the conditional resident if removed from the United States; (b) the marriage was entered into in good faith but has been terminated by divorce or annulment, and the conditional resident was not at fault in failing to meet the joint-filing requirement; and (c) the conditional resident or a child of the conditional resident was battered or subjected to extreme cruelty by the U.S. citizen or LPR spouse. Waiver-based I-751s may be filed at any time after the conditional grant and do not have to wait for the 90-day window.

Consequences of failing to file. Under 8 U.S.C. § 1186a(c)(2), failure to file a properly supported I-751 in the 90-day window terminates conditional LPR status automatically and the case is referred to ICE for removal proceedings. Late joint petitions are accepted only where the parties demonstrate good cause and extenuating circumstances; waiver-based I-751s do not have this timing problem.

Timeline, Filing Costs, and Process

USCIS filing fees (Form G-1055, Edition 05/06/26; verify at uscis.gov/g-1055 before filing):

• Form I-130 (petition for alien relative): $675 paper / $625 online.
• Form I-129F (petition for alien fiancé(e)): $675.
• Form I-485 (adjustment of status): $1,440 paper / $1,375 online (applicants 14 and older); biometrics, EAD, and advance parole now included with the I-485 fee under the 2024 Final Rule.
• Form I-751 (removal of conditions): $750 plus $85 biometrics.

Department of State immigrant-visa fees (paid through NVC) and the USCIS immigrant fee (paid after visa issuance, before LPR card production) apply on top of these in consular cases.

Processing-time expectations vary by USCIS service center, NVC processing queue, embassy capacity, and case-by-case factors. Concurrent I-130/I-485 cases for immediate relatives often resolve in roughly 12 to 18 months; consular-processed IR-1/CR-1 cases through NVC typically run 12 to 24 months from I-130 filing to immigrant-visa interview; K-1 cases typically run 9 to 16 months from I-129F filing to K-1 visa issuance. F2A cases depend entirely on whether the priority date is current at the time of filing. Yaghmai Law Firm cross-checks the published USCIS processing times for the assigned service center at intake and updates clients as the case advances.

Federal Law and USCIS Policy

The principal authorities governing marriage-based immigration include:

• INA § 201(b)(2)(A)(i) (8 U.S.C. § 1151(b)(2)(A)(i)) — immediate-relative classification (no annual numerical cap for spouses, parents, and children of U.S. citizens).
• INA § 203(a)(2)(A) (8 U.S.C. § 1153(a)(2)(A)) — F2A family-preference category (spouse and minor unmarried children of LPRs).
• INA § 204 (8 U.S.C. § 1154) — petition procedures, including INA § 204(c) permanent bar for prior marriage fraud.
• INA § 216 (8 U.S.C. § 1186a) — conditional permanent resident status and removal of conditions framework.
• INA § 245 (8 U.S.C. § 1255) — adjustment of status, including the § 245(c) bars and the § 245(i) grandfather provision.
• INA § 101(a)(15)(K) (8 U.S.C. § 1101(a)(15)(K)) and INA § 214(d) (8 U.S.C. § 1184(d)) — K nonimmigrant visa classifications (K-1 fiancé(e), K-2 derivative children, K-3 spousal nonimmigrant, K-4 derivative children).
• INA § 212(a) (8 U.S.C. § 1182(a)) — grounds of inadmissibility, including unlawful-presence bars under § 212(a)(9)(B) and misrepresentation under § 212(a)(6)(C); waivers under INA §§ 212(h), (i), and 212(a)(9)(B)(v).
• 8 CFR Part 204 — petition procedures, including 8 CFR 204.2 (spouse and child petitions) and 8 CFR 204.2(a)(1)(ii) (Stokes-style bona-fide-marriage evidence).
• 8 CFR Part 214.2(k) — K visa regulations.
• 8 CFR Part 216 — conditional basis of lawful permanent residence.
• 8 CFR Part 245 — adjustment of status to that of person admitted for permanent residence.
• 22 CFR § 41.81 — Department of State K visa regulations.
• USCIS Policy Manual Volume 6 (Immigrants), particularly Part B (Family-Based Immigrant Visa Petitions), Part E (Adjustment of Status), Part I (Family-Based Conditional Permanent Residents), and Part J (waivers and procedures for removal of conditions). Available at uscis.gov/policy-manual.

Yaghmai Law Firm verifies the current text of each authority against primary sources at Cornell Legal Information Institute, the eCFR, and uscis.gov before filing every case, because USCIS policy, filing fees, and processing patterns change.

Why Yaghmai Law Firm for Your Marriage-Based Case

Marriage-based immigration looks straightforward until it is not. A weak bona-fide-marriage record, an unaddressed inadmissibility ground, a missed I-751 window, or an unexamined prior immigration history can turn a routine spousal case into a removal proceeding. We build the case from intake forward to anticipate the questions a USCIS officer or consular officer will ask, and to put the answers in the record before the question is asked.

“Every marriage case I take on starts with two questions: what is the cleanest evidentiary record I can build for this couple, and what is the worst question USCIS is going to ask at the interview? If I have a credible answer to the second question before we file, the first question takes care of itself.”

— Houtan Yaghmai, Esq., President & Managing Attorney

Yaghmai Law Firm represents marriage-based petitioners and beneficiaries throughout California and worldwide, conducts strategy sessions remotely, and prepares filings and interview materials in English, French, and Persian (Farsi); Spanish is available via interpreter. Whether the case is a concurrent I-130/I-485 in Los Angeles, a consular IR-1 case at a U.S. embassy abroad, a K-1 fiancé(e) petition, or an I-751 with a waiver request, we handle the full filing record and represent the parties at the interview.

Marriage Green Card FAQs

How long does a marriage green card take in 2026?

Timelines vary by route and service center. Concurrent I-130/I-485 cases for immediate relatives of U.S. citizens often resolve in roughly 12 to 18 months from filing to green-card approval. Consular IR-1/CR-1 cases through NVC and a U.S. embassy typically run 12 to 24 months. K-1 fiancé(e) cases typically run 9 to 16 months from I-129F filing to K-1 visa issuance, followed by an additional adjustment-of-status period after marriage in the United States. F2A cases depend on the Visa Bulletin priority-date status. Yaghmai Law Firm cross-checks current USCIS processing times for the assigned service center at intake.

What is the difference between an IR-1 and a CR-1 green card?

Both are spousal immigrant visas for the spouse of a U.S. citizen. The difference is the length of the marriage at the time of admission or adjustment to LPR status. If the marriage is less than two years old at that point, the spouse receives a CR-1 (conditional resident) 2-year green card under INA § 216 and must file Form I-751 to remove conditions. If the marriage is two years or older, the spouse receives an IR-1 10-year green card with no conditional period.

Do we have to marry within 90 days of a K-1 entry?

Yes. Under INA § 214(d) (8 U.S.C. § 1184(d)), the K-1 fiancé(e) and the U.S. citizen petitioner must marry within 90 days of the K-1 holder’s admission to the United States. The K-1 cannot be extended and cannot be converted to any other nonimmigrant or immigrant status if the marriage does not occur. If the parties choose not to marry within 90 days, the K-1 holder must depart the United States; a new spousal case can be initiated from abroad once a marriage takes place.

What if I had a prior marriage that USCIS thought was a sham?

INA § 204(c) (8 U.S.C. § 1154(c)) imposes a permanent bar on any future immigrant petition once USCIS has made a finding that a prior marriage was entered into for the purpose of evading the immigration laws. There is no waiver for § 204(c). The path forward depends on the procedural posture of the prior finding and the strength of the available rebuttal evidence; this is a case-specific analysis that should be performed before any new petition is filed.

Can I get a marriage green card if I entered without inspection or overstayed a visa?

For spouses of U.S. citizens, prior unlawful presence and certain unauthorized employment do not usually bar adjustment under INA § 245(c) because immediate relatives are excepted from most of the § 245(c) bars. However, a prior entry without inspection still bars adjustment unless a separate basis (such as INA § 245(i) grandfathering) is available. Beneficiaries blocked from adjusting often pursue consular processing with an I-601A provisional unlawful-presence waiver before departure. Each case requires a separate inadmissibility analysis before filing.

When and how do we file Form I-751 to remove conditions?

Joint I-751 petitions must be filed in the 90-day window immediately preceding the second anniversary of the date the beneficiary obtained conditional LPR status (8 U.S.C. § 1186a(d)(2); 8 CFR 216.4). On receipt of a properly filed I-751, USCIS automatically extends conditional LPR status while the petition is pending. If the marriage has ended or joint filing is not possible, INA § 216(c)(4) authorizes three waiver grounds: extreme hardship if removed, good-faith marriage terminated by divorce or annulment without fault of the conditional resident, and battery or extreme cruelty by the U.S. citizen or LPR spouse. Waiver-based I-751s may be filed any time after the conditional grant.

Does a marriage green card lead to U.S. citizenship?

Yes. The 10-year (IR-1) or removed-conditions card is a path to U.S. citizenship through naturalization. Spouses of U.S. citizens who have continuously held LPR status for at least three years, have remained married to and lived in marital union with the same U.S. citizen for those three years, and meet the other requirements at INA § 319(a) (8 U.S.C. § 1430(a)) may apply on the three-year rule rather than the standard five-year rule.

Can we file in Los Angeles if my spouse is overseas?

Yes. Yaghmai Law Firm files I-130, I-129F, and I-751 petitions with the USCIS lockbox or service center regardless of where the beneficiary lives. For consular cases, we prepare the NVC package, the DS-260, and the embassy interview materials, and we conduct strategy sessions and interview prep remotely with the beneficiary worldwide. The U.S. citizen or LPR petitioner does not have to travel to the embassy, although in selected cases attending the interview can be beneficial.

Related Yaghmai Law Firm Pages

A marriage-based case often connects to other immigration filings. The following pages cover the adjacent topics most frequently relevant to spousal cases:

• Immigration Practice Overview
• Family-Based Green Cards (Immediate Relatives and Family Preference)
• Adjustment of Status (Form I-485)
• Consular Processing and Immigrant Visa Interviews
• U.S. Citizenship and Naturalization (Three-Year Rule for Spouses)
• Immigration FAQs
• Contact Yaghmai Law Firm

Reviewed by Houtan Yaghmai, Esq., President & Managing Attorney. Admitted to practice law in California (State Bar No. 298487). He represents immigration and personal injury clients statewide and worldwide.

Last updated: May 19, 2026.