FAQ: Marriage Green Cards: Your Top Immigration Questions Answered

Thinking about applying for a marriage green card while in the U.S. on a student visa (F-1), visitor visa (B2), ESTA, H-1B, or another type of nonimmigrant visa? You’re not alone—and yes, it’s often possible to stay in the U.S. and apply through Adjustment of Status if you marry a U.S. citizen. But success depends on timing, lawful entry, and how well your relationship and documents are presented to USCIS. Whether you overstayed a visa, got married during OPT, entered on ESTA, or are in a same-sex marriage, we’ve helped hundreds of couples navigate the green card process smoothly. From interview prep to Advance Parole to the I-864 Affidavit of Support, we specialize in making marriage-based immigration cases strong, strategic, and stress-free.

Q: Can I stay in the U.S. and apply for a green card if I marry a U.S. citizen while on a student (F-1) or visitor (B2/ESTA) visa?

A: Yes, in many cases, you can apply for a green card through a process called "Adjustment of Status" without leaving the U.S. However, your intent at entry matters, so consult an experienced immigration attorney to avoid complications with USCIS.

Q: What if I overstay my visa before filing for a green card through marriage?

A: Overstays can often be forgiven if you're married to a U.S. citizen, but timing and documentation are critical. We’ve helped hundreds of clients in this situation file strong, successful cases.

Q: I'm on an H-1B visa and recently got married. Do I lose my status if I stop working?

A: Not necessarily. You may qualify to file for Adjustment of Status immediately and apply for work authorization (EAD), which typically arrives in about 2 months if filed correctly. Our firm streamlines this process to avoid delays.

Q: We got married abroad. Can I apply for a green card from outside the U.S.?

A: Yes. This process is called Consular Processing. We help couples worldwide prepare for the DS-260, NVC stage, and consular interview, including building your bona fide marriage evidence file.

Q: How does your law firm make the green card process easier?

A: We exclusively handle marriage-based immigration cases, so we’ve refined every step—from verifying your foreign documents match U.S. requirements (like Chinese birth certificates) to preparing you for USCIS interviews with mock sessions more detailed than the real thing.

Q: How long do I have to be married before applying for a green card?

A: There's no minimum marriage length required to apply. What matters is whether the relationship is genuine. We help couples present a compelling story with strong supporting documents, whether they had a whirlwind romance or a long courtship.

Q: What documents do I need to prove my marriage is real?

A: Evidence includes joint bank statements, lease agreements, photos with family, text messages, travel itineraries, and more. Our firm provides a detailed checklist and helps you organize a solid evidence file—tailored to your unique relationship.

Q: Do same-sex couples face additional scrutiny from USCIS?

A: While the law recognizes same-sex marriages equally, some clients report feeling uneasy or unsure about how USCIS will respond. We’ve successfully filed many same-sex marriage green card cases and can guide you with empathy and strategy.

Q: I got married during my OPT period. Can I stay in the U.S. after it ends?

A: Yes, if you file your Adjustment of Status application before your OPT ends, you can remain in the U.S. while your case is pending. Once you receive your EAD, you can work freely again—often within 60–90 days of filing.

Q: I entered on ESTA. Can I still file for a green card through marriage?

A: Yes, but you must tread carefully. ESTA is very short-term, and USCIS scrutinizes whether you intended to immigrate at entry. We help clients in this situation file well-prepared applications that avoid red flags and RFEs.

Q: What if I’ve been previously married—will that affect my green card case?

A: As long as all previous marriages have been legally terminated (divorce or annulment), you can apply. USCIS will review your marital history carefully, so we ensure you have certified divorce decrees and can clearly explain your relationship timeline.

Q: Can I travel internationally while my green card application is pending?

A: Yes, but only if you have been granted Advance Parole (Form I-131). Without it, leaving the U.S. may cause your application to be considered abandoned. We apply for Advance Parole at the same time as your I-485 to avoid this risk.

Q: What if I don’t meet the income requirement to sponsor my spouse?

A: You may use a joint sponsor or assets to meet the Affidavit of Support (Form I-864) requirement. We work closely with our clients to prepare reliable financial documentation and avoid rejections or delays. We include this in our flat fee and do not charge extra for the additional documentation if needed.

Q: How long does the green card process take after filing?

A: Most marriage-based Adjustment of Status cases take 5-12 months. Consular processing takes longer usually 1.5 years at least. Our process minimizes delays by triple-checking your documents before filing.

Q: Do we both need to attend the green card interview?

A: For Adjustment of Status cases, yes—both spouses must attend unless the interview is waived. We conduct mock interviews so you feel confident and prepared for every possible question.

Q: What determines if I get a two-year or a ten-year green card through marriage?

A: It depends on how long you’ve been married at the time your green card is approved. If your marriage is less than two years old on the date of approval, you’ll receive a two-year conditional green card. This is called conditional permanent residency, and you’ll need to file Form I-751 to remove the conditions before it expires. If you’ve been married for more than two years at the time of approval, you’ll receive a ten-year permanent green card with no conditions attached. We help clients calculate this carefully based on their interview date or approval timeline, especially if they’re approaching the two-year mark and may be eligible for the ten-year green card.

Your journey matters to us because we've been there, and we are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! No doubt, you must be looking for the best immigration attorney in NYC so give us a call and see if we meet your expectations. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results, even with the most difficult set of facts.