Marriage-Based Immigration

The petition establishes the relationship

A marriage-based case begins with a petition filed by the U.S. citizen or permanent resident spouse establishing that a qualifying marriage exists. For spouses of U.S. citizens, a visa is immediately available; for spouses of permanent residents, the case is subject to the applicable visa category and any current waiting period.

The petition and the later application are evaluated together as a single narrative of the relationship, supported by documentary evidence rather than assertions.

Evidence of a genuine marriage

Officers look for evidence that a couple has built a shared life, not a single type of document. The strongest cases combine several categories of proof rather than relying on one.

• Joint financial records: bank accounts, leases or mortgages, tax returns and insurance policies.
• Evidence of a shared household: utility bills, mail and photographs over time.
• Statements from family and friends who know the couple.
• Communication history for couples who spent time apart during the relationship, such as before a fiancé's arrival or during work travel.

Adjustment of status or consular processing

A spouse who is in the United States and eligible to adjust generally files for adjustment of status and completes the process domestically, including a biometrics appointment and an interview. Eligibility turns on the category, on inspection and admission or parole where required, on admissibility and on the statutory bars and their exceptions rather than on presence alone. A spouse outside the United States, or one who is not eligible to adjust status domestically, completes consular processing at a U.S. embassy or consulate.

The choice between the two is not always optional: eligibility to adjust status depends on the spouse's current immigration history and manner of entry.

Two-year marriages and conditional residence

If the marriage is less than two years old when permanent residence is approved, the resulting status is conditional for two years. The couple must later file jointly to remove the conditions before that period ends, discussed separately under conditional residence and removal of conditions.

The interview

Most marriage-based cases include an interview at which both spouses are generally expected to appear together. Officers ask about the relationship history and daily life together, and they compare answers against the documentary record. Preparation focuses on accuracy and consistency, not rehearsed scripts.