Marriage Based Green Cards

U.S. immigration law makes marriage one of the fastest and most reliable ways to receive a green card, and ultimately citizenship. The public policy rationale behind this is quite simple: a U.S. citizen or green card holder has a right to marry whomever they choose. Therefore, immigration law must provide a way for citizens and green card holders to obtain legal status for their spouse/fiancé.

There are 2 basic pathways to petition: the I-130 or the I-129F. These petitions do not grant you a green card, that comes from an I-485 petition or the DS-260, but they are necessary in order to even file for a marriage-based green card. The I-130 is for couples who are already married and the I-129F is for a fiancé who is in a foreign country, but would like a visa to come to the U.S. to marry. One of the first decisions applicants need to make is, which pathway makes the most sense for you?

There are a number of factors each couple should consider in making this decision such as questions of timing, what’s best for the family, and what’s best for work. During a free consult with an attorney, we could discuss any questions you have and help you make the best choice for your family.

During the consult, we would discuss eligibility, timing, cost, and the process as a whole. However, there are quite a few websites that allow clients to do research on their own. Attorneys frequently use these websites to help advise clients as they are official government websites.

USCIS Case Processing Times: This is the official USCIS website that advises the public on case processing times.
USCIS Case Status Check: This is the official USCIS website for checking the status of a case. The information is sometimes inaccurate, but can still be useful.
USCIS I-129F Form and Instructions: This site contains information for the I-129F.
USCIS I-130 Form and Instructions: This site contains information for the I-130.
USCIS I-485 Form and Instructions: This site contains information for the I-485, the green card itself.

It is important to keep in mind that there are other factors you need to consider after you choose between the I-130 and I-129F, such as: Would you receive a conditional green card or a permanent one? Would I need to file an Affidavit of Support (I-864)? What about my spouse travelling or working while the green card application is pending (I-131 and I-765)?

At the Law Office of Kiran Mahal, we understand that this is a lot of information. Even with all this information, the process can be very confusing and obscure. Immigration law is a unique combination of legal systems and can change very quickly. It sounds counter-intuitive, but immigration law can change even without a new law being passed. This is because a lot of the immigration system is actually run by the executive branch of the federal government. This means that every time a new president is elected, they can change the immigration system in many different ways, even if congress does not pass a new law.