Jacksonville Marriage-Based Attorney Serving Clients Nationwide
Building Your Life Together in the United States
Marriage can mark the beginning of a new chapter, but when spouses have different immigration statuses, building a life together in the United States can involve an additional legal process. U.S. immigration law allows qualifying U.S. citizens and lawful permanent residents to petition for their spouses, potentially providing a pathway to lawful permanent residence.
At Bilbao Law, LLC, we help couples navigate marriage-based immigration with personalized guidance from the initial petition through the Green Card process. Based in Jacksonville, Florida, and serving immigration clients nationwide, our firm understands how important these cases are to couples who want the security and stability to build their futures together.
Marriage to a U.S. citizen or lawful permanent resident does not automatically provide immigration status. Generally, the petitioning spouse must establish a qualifying marital relationship, and the foreign national spouse must independently satisfy applicable requirements for permanent residence.
The process often begins with Form I-130, Petition for Alien Relative, which is used to establish the qualifying relationship between the spouses. Depending on where the foreign national spouse is located and other circumstances, the case may then proceed through adjustment of status within the United States or immigrant visa processing through a U.S. consulate abroad.
An important part of a marriage-based immigration case is establishing that the marriage is bona fide—meaning the couple entered into the marriage genuinely and not primarily for the purpose of obtaining an immigration benefit.
At Bilbao Law, LLC, we help couples understand what immigration authorities may look for, prepare appropriate documentation, and address potential concerns before they become larger obstacles.
Call Bilbao Law, LLC at 904-300-0825 to schedule a consultation with a lawyer today.
From Marriage Petition to Green Card
Although marriage-based immigration is one of the most recognized pathways to permanent residence, the process can involve several stages and detailed requirements.
For spouses of U.S. citizens, immigrant visas are generally immediately available because they are classified as immediate relatives under federal immigration law. Spouses of lawful permanent residents generally fall within a family preference category, meaning visa availability can affect when they are able to proceed.
For an eligible spouse already in the United States, adjustment of status may provide a way to apply for a Green Card without leaving the country. In certain cases involving a U.S. citizen spouse, the I-130 petition and Form I-485, Application to Register Permanent Residence or Adjust Status, may be filed together.
However, simply being married does not mean every foreign national spouse qualifies to adjust status within the United States. Factors such as the person's manner of entry, immigration history, previous violations, criminal history, and other circumstances may affect eligibility.
When the foreign national spouse lives outside the United States—or when adjustment of status is not available—the couple may need to pursue consular processing. This generally involves processing through the National Visa Center and attending an immigrant visa interview at the appropriate U.S. embassy or consulate. Regardless of the process, couples should be prepared to demonstrate that their marriage is genuine. Evidence may include joint financial records, shared leases or property documents, insurance policies, photographs, correspondence, travel records, birth certificates of children, and other documentation showing a shared life.
Immigration authorities may also interview the couple about their relationship. Preparation can help spouses understand the purpose of the interview, organize relevant documentation, and know what to expect. At Bilbao Law, LLC, we work with our clients to make the process understandable while identifying potential issues that could affect the application.
Protecting Your Future Beyond the Initial Approval
Receiving a marriage-based Green Card can be a significant milestone, but for some couples, additional immigration steps remain.
If permanent residence is granted when the marriage is less than two years old, the foreign national spouse will generally receive conditional permanent resident status valid for two years. Before that status expires, additional action is typically required to request removal of the conditions on residence.
This process commonly involves Form I-751, Petition to Remove Conditions on Residence, along with evidence demonstrating that the marriage was entered into in good faith. Although many couples file together, immigration law provides certain exceptions and waiver options when circumstances have changed, including situations involving divorce or certain forms of abuse or extreme hardship.
Other challenges may arise earlier in the marriage-based immigration process. Prior unlawful presence, unauthorized employment, previous immigration applications, visa overstays, prior removal proceedings, criminal matters, or allegations of fraud or misrepresentation can affect eligibility. Some individuals may qualify for waivers or other immigration options depending on the specific issue. Because these concerns can have serious consequences, we believe it is important to evaluate a client's complete immigration history, not simply their marriage certificate.
Attorney Vilerka Solange Bilbao brings both legal experience and personal perspective to immigration representation. As a former immigrant herself, she understands how immigration status can affect a couple's ability to make plans, establish a home, pursue careers, and create stability for their family. Our approach is centered on careful preparation and communication. We help clients understand the required steps, gather evidence of their relationship, prepare immigration filings, respond to government requests when necessary, and prepare for interviews and other stages of the process.
Every marriage has its own story, and every immigration case has its own circumstances. Our goal is to present that story clearly while helping clients navigate the legal requirements that stand between them and their future together.
From our office in Jacksonville, Florida, Bilbao Law, LLC serves immigration clients nationwide. Whether your spouse is already in the United States, lives abroad, or you have concerns about a complicated immigration history, our firm is ready to help you understand the marriage-based immigration process and potential path forward. Contact Bilbao Law, LLC to discuss your circumstances and take the next step toward building your life together in the United States.
Frequently Asked Questions
Does marrying a U.S. citizen automatically give me a Green Card?
No. Marriage to a U.S. citizen does not automatically grant permanent residence. The U.S. citizen generally must petition for their spouse, and the foreign national spouse must complete the appropriate immigration process and meet applicable eligibility requirements.
What is considered a bona fide marriage for immigration purposes?
A bona fide marriage is one entered into genuinely rather than primarily to obtain an immigration benefit. Couples may use documents such as joint leases, bank accounts, insurance policies, photographs, travel records, and other evidence of their shared life to demonstrate their relationship.
Can I apply for a marriage Green Card while living in the United States?
Certain eligible spouses already in the United States may be able to apply through adjustment of status. Eligibility can depend on factors such as how you entered the country, your immigration history, and whether your spouse is a U.S. citizen or lawful permanent resident.
What if my spouse lives outside the United States?
A spouse living abroad may be able to pursue permanent residence through consular processing. This generally involves an approved family petition, processing through the National Visa Center, and an immigrant visa interview at a U.S. embassy or consulate.
Will we have to attend an immigration interview?
An interview may be required as part of the marriage-based immigration process. Immigration officials may ask questions and review documentation to confirm eligibility and determine whether the marriage is genuine.
What is a conditional marriage Green Card?
If permanent residence is granted when the qualifying marriage is less than two years old, the foreign national spouse generally receives conditional permanent residence for two years. Additional steps are typically required to remove those conditions.
Can immigration problems from my past affect my marriage-based case?
Yes. Unlawful presence, previous entries, removal proceedings, criminal history, fraud or misrepresentation, and other immigration issues can potentially affect eligibility. Bilbao Law, LLC can review your immigration history and help identify potential challenges and available options.
Have Questions About Your Immigration Options?
Whether you are seeking lawful status, reuniting with family, pursuing citizenship, or facing an urgent immigration matter, we are here to help you understand your options and next steps. Call Bilbao Law, LLC at 904-300-0825 today to speak with an attorney about your immigration matter.