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Phoenix Immigration Attorney

- MARRIAGE BASED IMMIGRATION

Marriage Based Green Card Lawyer

Guidance for spouses of U.S. citizens and lawful permanent residents pursuing a green card through marriage, including adjustment of status, consular processing, conditional residence matters, and complex immigration histories.

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Top Rated Phoenix Marriage Green Card Lawyer

Obtaining a marriage based green card is one of the most common pathways to lawful permanent residence in the United States. Spouses of U.S. citizens and lawful permanent residents may be eligible to apply for a green card through adjustment of status within the United States or through immigrant visa processing abroad, depending on the applicant’s immigration history, manner of entry, and current location.


Marriage based immigration cases often involve more than simply filing forms with USCIS. Careful review of lawful entry, prior visa history, unlawful presence, financial sponsorship requirements, and the evidence necessary to establish a bona fide marital relationship may all play an important role in preparing a strong filing strategy.


At Milovic Law Firm, immigration attorney Maya Milovic represents couples throughout Phoenix and across the United States in marriage based green card matters ranging from straightforward adjustment of status filings to cases involving prior immigration complications, consular processing issues, Requests for Evidence (RFEs), and conditional residence concerns.

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Who May Qualify for a Marriage Based Green Card?

A marriage based green card may be available to individuals who are legally married to a U.S. citizen or lawful permanent resident. To qualify, the marriage must be legally valid and entered into in good faith rather than solely for immigration purposes.

Spouses of U.S. Citizens

Spouses of U.S. citizens are considered immediate relatives under United States immigration law and are generally not subject to annual visa limits or family preference backlogs. In many cases, eligible spouses who entered the United States lawfully may be able to apply for adjustment of status without waiting for a visa number to become available.

Spouses of Lawful Permanent Residents

Spouses of lawful permanent residents fall within the family preference system, where visa availability and priority dates may affect processing timelines and eligibility to proceed with the green card process. Unlike immediate relatives of U.S. citizens, applicants in the F2A category may be subject to waiting periods depending on immigrant visa availability under the current Department of State Visa Bulletin.

United States immigration law also recognizes qualifying same-sex marriages for immigration purposes where the marriage is legally valid in the jurisdiction where it was performed.

United States immigration law also recognizes qualifying same-sex marriages for immigration purposes where the marriage is legally valid in the jurisdiction where it was performed.

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Adjustment of Status vs. Consular Processing

Adjustment of Status

If you are lawfully present in the United States, you may be eligible to apply for permanent residence without leaving the country through a process known as Adjustment of Status. This allows eligible applicants to complete their green card process inside the United States, typically attending an interview at a local USCIS field office.

Eligibility depends on how you entered the U.S., your current immigration status, and the basis for your green card application. In many cases, applicants may also apply for work authorization and travel permission while their application is pending.

Adjustment of Status is not available to everyone. Careful evaluation of entry history, prior immigration filings, and current status is essential before proceeding.

Consular Processing

Consular Processing applies when a green card applicant is outside the United States or is not eligible to adjust status within the country. In this process, the case is handled through a U.S. embassy or consulate abroad after approval of the underlying immigrant petition.

Following petition approval, most cases are processed through the National Visa Center before an interview is scheduled at the designated U.S. consulate. Timing may depend on visa availability, processing backlogs, and individual case factors.

For some applicants, consular processing may involve additional considerations, including prior unlawful presence, waivers of inadmissibility, or other immigration history issues that require strategic review before departure from the United States.

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What We Cover

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Green Card

Family-Based Green Card

Permanent residence may be available through a qualifying relationship with a U.S. citizen or lawful permanent resident, including spouses, parents, children, and certain other relatives.

Employment-Based Green Card

Permanent residence may be available through employer sponsorship or, in certain cases, through self-petition based on professional achievements.

Citizenship

Lawful permanent residents may become eligible for U.S. citizenship through the naturalization process after meeting residence and statutory requirements. Careful review of eligibility and preparation for the application and interview are essential to a smooth process.

Adam Walsh Act

A prior conviction involving offenses against a minor can significantly affect a U.S. citizen or lawful permanent resident’s ability to sponsor a family member for immigration benefits.

Waivers of Inadmissibility

Certain criminal, immigration, or health-related issues may affect eligibility for a visa or green card. In some cases, a waiver may be available to overcome inadmissibility and allow

VAWA

Spouses, children, and parents who have experienced abuse by a U.S. citizen or lawful permanent resident may be eligible to seek immigration protection independently through a confidential self-petition.

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Our attorneys are ready to review your case and advise on the best course of action.
- Marriage Green Card Attorney

Conditional Residence and the Two-Year Green Card

Individuals who obtain permanent residence through a marriage that is less than two years old at the time the green card is approved are generally granted conditional permanent resident status valid for two years. Before the conditional green card expires, the couple must typically file a joint petition to remove conditions on residence by submitting Form I-751 with updated evidence demonstrating that the marriage continues to be bona fide.

The I-751 petition process often involves additional documentation relating to joint residence, shared financial responsibilities, children, insurance policies, tax filings, travel history, and other evidence showing an ongoing marital relationship. In some cases, USCIS may issue a Request for Evidence (RFE) or schedule an interview before approving the petition to remove conditions.

Certain individuals may also qualify for an I-751 waiver filing without the participation of the petitioning spouse, including cases involving divorce, widowhood, battery or extreme cruelty, or situations where removal from the United States would result in extreme hardship. Careful review of the timing, supporting evidence, and procedural strategy involved in the I-751 process may help avoid unnecessary delays or interruptions in permanent resident status.

Common Issues in Marriage Based Immigration Cases

Marriage based immigration cases are not always straightforward. Prior immigration history, timing of entry into the United States, financial sponsorship concerns, prior petitions, or other procedural issues may affect eligibility, processing strategy, or the documentation required in support of the filing.
K1 Fiance Visa - Maya Milovic

Prior Overstays or Unlawful Presence

Certain periods of unlawful presence or prior overstays may affect admissibility, consular processing eligibility, or future immigration options depending on the specific circumstances involved.
K-1-Visa

Adjustment of Status After Tourist Visa Entry

Marriage following entry on a visitor visa may raise questions regarding immigrant intent, timing of filing, and admissibility considerations depending on the facts of the case.
From Green Card to U.S. Citizenship: The Naturalization Process

Financial Sponsorship Issues

Most marriage based green card cases require a qualifying Affidavit of Support. Joint sponsors or additional financial evidence may sometimes be necessary where income requirements are not met.
Everything You Need to Know About the H-2B Visa

Requests for Evidence (RFEs)

USCIS may request additional documentation relating to the marital relationship, financial sponsorship, immigration history, or other eligibility requirements before adjudicating the case.
From Green Card to U.S. Citizenship: The Naturalization Process

Prior Immigration Filings or Visa Denials

Prior petitions, visa denials, removal proceedings, or inconsistencies in prior immigration filings may affect case strategy and supporting evidence requirements.
From Green Card to U.S. Citizenship: The Naturalization Process

Conditional Residence and I-751 Issues

Conditional residents may encounter additional review during the petition to remove conditions process, particularly where marital separation, divorce, or evidentiary concerns are involved.
From Green Card to U.S. Citizenship: The Naturalization Process

Common Issues in Marriage-Based Immigration Matters

Marriage based immigration cases can involve significant long-term legal and personal considerations. Careful preparation at the outset may help avoid delays, Requests for Evidence, or future immigration complications. Schedule a consultation with immigration attorney Maya Milovic to discuss your immigration history, eligibility pathway, and filing strategy.
- DEDICATED PHOENIX IMMIGRATION LAWYER

Strategic Guidance for Marriage Based Immigration Matters

Marriage based immigration cases can involve significant long-term legal and personal considerations. Careful preparation at the outset may help avoid delays, Requests for Evidence, or future immigration complications. Schedule a consultation with immigration attorney Maya Milovic to discuss your immigration history, eligibility pathway, and filing strategy.
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    J.M.

    Phoenix, AZ

    "Let me start by saying that Maya is awesome. We engaged Maya to help with my naturalization application preparation and submission to USCIS."

      N.S.

      Phoenix, AZ

      "I had the most pleasant experience working with Maya through me legal proceedings. She was always very prompt in responding to the various questions I had through this process."

        S.M.

        Gilbert, AZ

        "Maya did an awesome job walking me through the steps of my case and helping to ensure that all of the documents were filed with the court in a timely manner."

          S.K.

          Gilbert, AZ

          "Maya Milovic provided great information for my situation. I will seek further council with her in the future if I have any other issues regarding family and immigration law."

            T.H.

            Phoenix, AZ

            "Could not have been more satisfied with the level of professionalism, completely satisfied with my experience."

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            Our Phoenix immigration blog brings you tips and how-to information to help your family through the U.S. immigration system.

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