Navigating the process of obtaining a green card for a spouse can be complex and daunting. We are committed to guiding you through each step with clarity and precision. Our firm has extensive experience and a deep understanding of immigration laws, ensuring you avoid common pitfalls and complete your application. In this comprehensive guide, we will break down the critical steps in petitioning for a spouse to obtain a green card, providing valuable insights and tips along the way.

The first step in petitioning for a spouse’s green card is understanding the eligibility requirements. As a U.S. citizen or lawful permanent resident, you must demonstrate that your marriage is genuine and not entered solely for immigration purposes. This involves providing evidence of a bona fide marriage, such as joint financial records, photographs, and affidavits from friends and family. Additionally, both you and your spouse must meet specific eligibility criteria. For instance, your spouse must not have a criminal record or previous immigration violations that would disqualify them from obtaining a green card.

At Victor Hernandez Law, we meticulously review your case to ensure all eligibility criteria are met. We provide personalized guidance on gathering the necessary documentation and preparing a compelling case to demonstrate the authenticity of your marriage. We aim to help you build a strong foundation for your petition, increasing the likelihood of a successful outcome.

Once you have established eligibility, the next step is to complete and submit Form I-130, Petition for Alien Relative. This form establishes your relationship with your spouse and initiates the green card application process. It is essential to fill out Form I-130 accurately and provide all required supporting documents, such as your marriage certificate, proof of your U.S. citizenship or permanent residency, and evidence of your bona fide marriage.

Errors or omissions on Form I-130 can lead to delays or even denials of your petition. We assist you in accurately completing Form I-130 and ensuring all necessary documentation is included. Our experienced team reviews your petition for accuracy and completeness, helping you avoid common mistakes that could jeopardize your application. We also guide you in submitting the form to the appropriate U.S. Citizenship and Immigration Services (USCIS) office and tracking the status of your petition.

After USCIS approves your Form I-130, your spouse must decide between two pathways for obtaining their green card: adjustment of status or consular processing. If your spouse is already in the United States, they may be eligible to adjust their status to a lawful permanent resident without leaving the country. This process involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status, supporting documents, and attending a biometrics appointment and interview.

If your spouse is outside the United States, they must go through consular processing. This involves attending an interview at a U.S. embassy or consulate in their home country. The consular officer will review the application and supporting documents, conduct an interview, and decide on the green card application. 

We provide comprehensive support for both adjustment of status and consular processing. We guide you through the specific requirements of each pathway, helping you determine the best option for your situation. Our experienced attorneys prepare you and your spouse for the interview process, ensuring you are well-equipped to answer questions and provide the necessary documentation.

You may encounter various challenges and delays throughout the green card application process. These can include requests for additional evidence (RFEs), processing backlogs, or complications related to your spouse’s immigration history. Addressing these issues promptly and effectively is crucial to avoid further delays or denials.

We proactively address potential challenges and work diligently to resolve any issues. Our team closely monitors the progress of your application and communicates with USCIS or the relevant consulate on your behalf. We provide expert guidance on responding to RFEs and other requests, ensuring your case remains on track. Our commitment to your success means we are with you every step of the way, providing the support and expertise you need to navigate the complexities of the immigration process.

The final step in the green card application process is the interview. Whether your spouse is adjusting status in the United States or attending a consular interview abroad, preparation is vital to a successful outcome. The interview is an opportunity for USCIS or consular officers to verify the authenticity of your marriage and assess your eligibility for a green card.

We prepare you and your spouse for the interview by conducting mock interviews, reviewing potential questions, and ensuring you have all the necessary documentation. Our attorneys provide practical tips and strategies to help you present your case confidently and effectively. Following the interview, we monitor your application status and address any additional requests from USCIS or the consulate.

By entrusting us with your green card petition, you benefit from our extensive experience, personalized guidance, and unwavering commitment to your success. We understand the importance of reuniting families and achieving lawful permanent residency, and we are dedicated to making your immigration journey as smooth and stress-free as possible. If you are ready to petition for a spouse’s green card or need assistance with any aspect of your immigration case, contact Victor Hernandez Law today. Our expert team is here to provide the support and expertise you need to achieve your immigration goals.