If you’re married to a U.S. citizen or a green card holder, your spouse may be able to sponsor you for permanent residence. The process is federal, so it works the same in Virginia as anywhere else.
Step one: the petition
The process starts with Form I-130, the petition your spouse files to show your marriage is real and legally valid. It establishes the relationship. It doesn’t give you a green card by itself.
Step two depends on where you are
If you’re in the United States and entered lawfully, you may be able to apply for your green card here by filing Form I-485, adjustment of status. Spouses of U.S. citizens can often file it at the same time as the I-130. If you’re outside the country, the case usually goes through the National Visa Center and a U.S. consulate abroad.
How you entered the country, and your immigration history, matter a lot. Some people who entered without inspection can’t adjust status here and may need a different path. Talk to a lawyer before you file anything.
The financial support form
Your spouse also signs an affidavit of support, Form I-864, promising to support you financially if needed. If their income isn’t high enough, a joint sponsor can help.
The interview
Most marriage cases include an interview, usually at a USCIS field office in Virginia for Virginia residents. The officer will ask about your relationship and daily life. Bring originals of the documents you filed and evidence of your life together, such as:
- A joint lease or mortgage
- Joint bank accounts and bills
- Photos together over time
- Birth certificates of children you have together
- Tax returns filed as a married couple
A two-year green card if you’re newly married
If you’ve been married less than two years when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you and your spouse file Form I-751 together to remove the conditions.
Our Fredericksburg office helps Virginia couples prepare marriage-based green card cases and get ready for the interview. Call us at 703-649-4848.
