If you’re married to a U.S. citizen and living in or around Washington, DC, you may be eligible to apply for a marriage-based green card. This pathway to lawful permanent residency is one of the most commonly used—but also one of the most heavily scrutinized—immigration benefits offered by the U.S. government. At Donald Gross Law Group, we guide couples through every step of this process with precision, experience, and care.
Step 1: A Valid Marriage
The foundation of any marriage-based green card case is a legal and valid marriage. U.S. Citizenship and Immigration Services (USCIS) will only recognize a marriage that is valid in the jurisdiction where it occurred. If the marriage was performed outside the U.S., it must be recognized by the country’s government. You will also need to prove that any previous marriages have been legally terminated.
Importantly, immigration law considers the spouse of a U.S. citizen an “immediate relative,” which means there is no annual cap or waiting list for green cards in this category.
Step 2: Filing the Petition
To begin the process, the U.S. citizen spouse files Form I-130 (Petition for Alien Relative). If the foreign spouse is already in the United States and entered legally—even if currently out of status—they may concurrently file Form I-485 (Adjustment of Status). This allows them to remain in the U.S. while awaiting green card approval.
During this time, the foreign spouse is typically granted:
- An Employment Authorization Document (EAD)
- Advance parole for international travel
Step 3: Proving Your Marriage is Real
One of the biggest concerns USCIS has is preventing sham marriages—those entered into solely for immigration benefits. Couples must demonstrate that their relationship is bona fide, meaning they intended to build a life together when they married.
Examples of strong evidence include:
- Joint financial accounts or leases
- Photos with family and friends
- Travel itineraries
- Affidavits from people who know the couple
If your marriage appears secretive or lacks supporting documentation, your application may raise red flags.
Step 4: The Interview and Conditional Residence
After submitting the required forms and documents, the couple will be scheduled for a marriage green card interview. This is typically held at a USCIS office in Washington, DC, or nearby. If everything checks out and the marriage is less than two years old, the foreign spouse receives a conditional green card valid for two years.
To remove conditions, Form I-751 must be filed within 90 days before the card expires. Failure to do so may result in loss of status.
Required Documents for a Marriage Green Card
Your specific situation may call for different documentation, but generally you’ll need:
- Valid passports
- Marriage certificate
- Divorce/death certificates (if applicable)
- I-864 Affidavit of Support
- Photos (passport-style)
- Completed DS-260 (for consular processing)
- Medical exam documentation
- Birth certificates and police clearance (if required)
Financial Responsibility: The I-864
The U.S. citizen sponsor must prove their income is at least 125% of the Federal Poverty Guidelines to show they can support their spouse. This is done by filing the I-864 Affidavit of Support, a legally binding contract.
What If My Spouse Is Undocumented?
Unlike most immigration benefits, spouses of U.S. citizens may still qualify for a green card even with an unlawful presence, as long as they entered the country legally at some point. In more complex cases, waivers or consular processing may be necessary.
Talk to a Washington, DC Immigration Attorney
Navigating the green card process on your own can be overwhelming. At Donald Gross Law Group in Washington, DC, we have extensive experience helping couples across the DMV area—from Bethesda to Alexandria—successfully secure permanent residency.
Contact us today to schedule a consultation and take the first step toward building your future together.