Marriage-based Green Card
Quick Guide

Your unlawful entry makes obtaining a green card more difficult.

A lawful entry is generally required to apply for a green card inside the United States. On the other hand, departing the U.S. could trigger a 3- or 10-year ban that puts consular processing out of reach for a long time. Please speak to an immigration attorney about your options.

Certain people who entered without inspection prior to June 17, 2014, and who are also married to a U.S. citizen may be eligible for parole through the Keeping Families Together program. A grant a parole makes adjusting status to permanent resident much easier.

Your overstay makes obtaining a green card more difficult.

The spouse of a permanent resident may not apply for a green card inside the United States if unlawfully present. On the other hand, departing the U.S. could trigger a 3- or 10-year ban that puts consular processing out of reach for a long time. Please speak to an immigration attorney about your options.

The adjustment of status process (CR1/IR1 visa) may be good option for your situation.

Since the beneficiary is already in the U.S. with employment authorization, there generally isn't a reason to leave the U.S. The beneficiary can submit an adjustment of status application. Doing so would enable them to stay in the U.S. for the duration of the application process. Additional employment authorization and advance parole travel consideration may also be requested.

The adjustment of status process (CR1/IR1 visa) may be good option for your situation.

Since the beneficiary is already in the U.S. with employment authorization, there generally isn't a reason to leave the U.S. The beneficiary can submit an adjustment of status application. Doing so would enable them to stay in the U.S. for the duration of the application process. Additional employment authorization and advance parole travel consideration may also be requested.

The adjustment of status process (CR1/IR1 visa) may be good option for your situation.

Since the beneficiary is already in the U.S. and your preference is to stay together, there generally isn't a reason to leave the U.S. The beneficiary can submit an adjustment of status application. Doing so would enable them to stay in the U.S. for the duration of the application process. Additional employment authorization and advance parole travel consideration may also be requested.

The consular process (CR1/IR1 visa) may be good option for your situation.

Since maintaining a job and earning an income are important, the foreign national may return to his/her home country and obtain a green card through consular processing. The U.S. petitioner can submit a petition immediately to start this process, and the beneficiary can continue working abroad until the immigrant visa is issued. The beneficiary would eventually enter the United States with an immigrant visa (green card) and the ability to work right away.

If you would prefer to stay together in the United States, it is possible to apply for a green card inside the United States through the adjustment of status process. Adjustment applicants are eligible for employment authorization. However, it may take 4 to 7 months to receive this work authorization.

The consular process (CR1/IR1 visa) may be good option for your situation.

Since you are already married and living outside the United States, consular processing is a good fit for your situation. The U.S. petitioner can submit a petition immediately to start this process. While waiting for a green card, the petitioner may stay abroad with the spouse or proceed to the U.S. to establish a home and employment if necessary. The beneficiary would eventually enter the United States with an immigrant visa (green card) and the ability to work right away.

The consular process (CR1/IR1 visa) may be good option for your situation.

Since cost of the immigration process is a primary concern, consular processing is a good fit for your situation. Consular processing much less expensive than using the K-1 visa process and then adjusting status inside the United States.

First, the couple would marry outside the United States. Then, the U.S. petitioner can submit a petition immediately to start the green card process. The beneficiary would eventually enter the United States with an immigrant visa (green card) and the ability to work right away.

The consular process (CR1/IR1 visa) may be good option for your situation.

Since the beneficiary’s desire is to continue working and earning an income during the wait for a green card, consular processing is a good fit for your situation. Consular processing much less expensive than using the K-1 visa process and then adjusting status inside the United States. First, the couple would marry outside the United States. Then, the U.S. petitioner can submit a petition immediately to start the green card process. The beneficiary would eventually enter the United States with an immigrant visa (green card) and the ability to work right away.

If you decide to use the K-1 visa to enter the United States and then apply for a green card, it is possible to obtain work during part of the processing period. Adjustment of status applicants are eligible for employment authorization. However, it may take 4 to 7 months to receive this work authorization.

The consular process (CR1/IR1 visa) may be good option for your situation.

Since the U.S. petitioner is a lawful permanent resident, the K-1 visa is not an option. Only a U.S. citizen may petition a foreign fiancé for a K-1 visa. However, a permanent resident may petition a spouse for a green card.

Once you marry outside the United States, the U.S. petitioner can submit a petition immediately to start this process. The beneficiary would eventually enter the United States with an immigrant visa (green card) and the ability to work right away.

The K-1 visa process may be good option for your situation.

Since being together as soon as possible is one of your primary concerns, the K-1 visa is a good fit for your situation. The beneficiary of a K-1 visa can generally enter the United States for the purpose of marriage about 6 to 9 months after the U.S. petitioner starts the process. Once in the U.S. and married, the beneficiary may adjust status to permanent resident (green card holder).

The K-1 visa process may be good option for your situation.

Since your preference is to be married inside the United States, the K-1 visa is a good fit for your situation. The beneficiary of a K-1 visa can generally enter the United States for the purpose of marriage about 6 to 9 months after the U.S. petitioner starts the process. Once in the U.S. and married, the beneficiary may adjust status to permanent resident (green card holder).

Entering the United States with the intent to marry and apply for a green card is generally prohibited on most other visa types. The K-1 visa is designed for this purpose.