U.S. citizens and lawful permanent residents often ask how they can sponsor a foreign spouse for a green card after marriage. While marriage is a qualifying relationship, approval is not automatic. U.S. immigration authorities carefully review these cases to confirm eligibility and the authenticity of the relationship.
This article explains how U.S. spousal sponsorship works, the available processes, and what couples should expect.
Who Can Sponsor a Spouse in the U.S.?
You may be eligible to sponsor your spouse if you are:
- A U.S. citizen or lawful permanent resident
- At least 18 years old
- Able to submit a valid affidavit of support
- Not barred from sponsoring due to prior immigration violations or serious criminal issues
U.S. citizens generally receive faster processing and additional benefits compared to permanent residents.
Who Can Be Sponsored?
A sponsored spouse must be:
- Legally married to the sponsor
- Admissible to the United States
- Of any nationality
Common-law marriages are recognized only if they are legally valid in the place where they occurred.
Adjustment of Status vs. Consular Processing
There are two main ways a foreign spouse may obtain a green card:
Adjustment of Status (Inside the U.S.)
- The spouse is already in the United States
- The application is filed with USCIS
- The spouse may apply for work authorization and travel permission
- An in-person USCIS interview is usually required
Consular Processing (Outside the U.S.)
- The spouse is outside the United States
- The case is processed through a U.S. consulate
- An interview is conducted abroad
- Entry to the U.S. occurs after visa issuance
Adjustment of Status vs. Consular Processing: Key Differences
| Category | Adjustment of Status | Consular Processing |
| Spouse Location | Inside the U.S. | Outside the U.S. |
| Work Authorization | Available during processing | Available after entry |
| Travel During Processing | Restricted without advance permission | Not applicable |
| Interview Location | USCIS office | U.S. embassy or consulate |
| Processing Speed | Varies by location | Depends on consulate |
| Best For | Spouses already in the U.S. | Spouses living abroad |
Proving a Real Marriage
USCIS closely examines whether the marriage is genuine and not entered into for immigration purposes. Evidence commonly includes:
- Marriage certificate
- Joint bank accounts or shared finances
- Lease or mortgage documents
- Insurance policies listing each other
- Photos and travel records
- Communication history
- Affidavits from friends or family (when appropriate)
Quality and consistency of evidence matter more than quantity.
The Role of the Interview
Most marriage-based green card cases require an interview. Officers may ask questions about:
- Relationship history
- Living arrangements
- Finances and daily routines
- Future plans as a couple
Preparation helps ensure clear, consistent answers.
Common Issues That Cause Delays or Denials
Marriage-based cases may face issues due to:
- Inconsistent information across forms
- Insufficient relationship evidence
- Prior marriages or divorces
- Immigration status violations
- Criminal history or misrepresentation concerns
Addressing potential issues early can reduce complications.
Frequently Asked Questions: U.S. Marriage-Based Immigration
Does getting married automatically give my spouse a green card?
No. Marriage alone does not guarantee a green card. USCIS must be satisfied that the marriage is genuine and that all eligibility requirements are met.
Is the process different if I am a U.S. citizen versus a green card holder?
Yes. U.S. citizens generally have faster processing and more flexibility. Lawful permanent residents may face longer wait times due to visa availability.
Can my spouse stay in the U.S. while the case is pending?
If the spouse is eligible to file for adjustment of status, they may remain in the U.S. while the application is processed. This depends on how they entered the country and their current status.
Can my spouse work while waiting for the green card?
In adjustment of status cases, the spouse may apply for employment authorization while the case is pending.
Will we have to attend an interview?
Most marriage-based green card cases require an interview. USCIS uses the interview to confirm the legitimacy of the marriage and review eligibility.
What type of evidence is most important to prove a real marriage?
Strong evidence includes joint financial documents, shared housing records, insurance policies, photos together over time, and proof of ongoing communication.
What if one or both of us were married before?
Prior marriages are allowed, but all divorces or annulments must be final and properly documented. USCIS may review timelines more closely when there are prior marriages.
Can mistakes or inconsistencies cause problems?
Yes. Inconsistent information across forms or interviews can delay a case or lead to additional questioning. Accuracy and consistency are critical.
What happens if the application is denied?
Options depend on the reason for denial and the type of case. Some cases may be refiled or appealed, while others require a different strategy.
Can legal guidance really make a difference?
Yes. Proper preparation, documentation, and interview readiness often reduce delays and help avoid avoidable issues.
How NPZ Law Group Can Help
NPZ Law Group assists couples with:
- Choosing the correct filing process
- Preparing strong, organized applications
- Addressing prior marriages or complex histories
- Preparing for USCIS or consular interviews
- Responding to requests for evidence
Each case is handled with individualized attention.
Final Takeaway
Marriage-based immigration to the United States allows families to build their lives together, but success depends on preparation, documentation, and consistency. Understanding the process and expectations in advance can help couples avoid unnecessary delays and stress.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.