Marriage-Based Visas: Helping Spouses Obtain Lawful Permanent Residency

Facilitating Green Cards for Spouses of U.S. Citizens & Green Card Holders

A marriage-based visa allows spouses of U.S. citizens and lawful permanent residents to obtain lawful permanent residency in the U.S. However, the process requires careful documentation and legal expertise to avoid delays or denials. Benach Pitney Reilly Immigration provides comprehensive legal guidance to help couples successfully navigate the marriage green card process.

If you are looking to bring your spouse to the U.S. or adjust their status, our team is here to help.

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Who is Eligible for a Marriage-Based Visa?

The process differs based on the petitioner’s immigration status:

Spouses of U.S. Citizens (Immediate Relatives – No Visa Cap)

  • Eligible for a green card through adjustment of status (if inside the U.S.) or consular processing (if abroad).
  • No annual visa limits—faster processing times.

Spouses of Green Card Holders (Family Preference Category – Visa Wait Times Apply)

  • Must wait for a visa number to become available under the F2A category.
  • Can apply via adjustment of status or consular processing.

The Marriage Green Card Process

Step 1: Filing the I-130 Petition (Family Sponsorship Form)

  • Establishes the legitimacy of the marriage.
  • Requires proof of a bona fide marriage (e.g., joint financial records, lease agreements, wedding photos).

Step 2: Adjustment of Status vs. Consular Processing

  • If spouse is in the U.S. → File I-485 (Adjustment of Status) with the I-130 (if eligible).
  • If spouse is abroad → Proceed with Consular Processing at a U.S. embassy or consulate.

Step 3: Attend the Marriage-Based Green Card Interview

  • Interview conducted by USCIS (for adjustment cases) or a U.S. consulate (for consular cases).
  • Spouses must demonstrate the legitimacy of the marriage.

Step 4: Green Card Approval & Conditional Residency (If Married Less Than 2 Years)

  • If the marriage is less than two years old, the spouse receives a conditional green card (valid for two years).
  • After two years, the couple must file Form I-751 (Petition to Remove Conditions on Residence) to obtain a permanent green card.
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Common Challenges in Marriage-Based Green Cards

  • Proving a Bona Fide Marriage – USCIS requires strong evidence to prevent marriage fraud.
  • Dealing with Prior Visa Violations – Some applicants may require waivers for previous unlawful presence.
  • Navigating Consular Processing Delays – Visa backlogs and embassy delays can extend processing times.
  • Conditional Green Card Removal Issues – Couples must continue proving a good-faith marriage after two years.

How can Benach Pitney Reilly Immigration Help?

  • Comprehensive petition preparation to avoid delays and denials.
  • Guidance on USCIS interviews to ensure applicants are well-prepared.
  • Legal solutions for complex cases, including waivers and appeals.
  • Assistance with removing conditions on residency after two years.

Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.