Houston Marriage Visa Lawyers

Understanding Marriage-Based Green Cards

A marriage-based green card allows a foreign national married to a U.S. citizen or lawful permanent resident to live and work permanently in the United States. To be eligible, the couple must prove that their marriage is genuine and not entered into solely for immigration purposes. This requires careful preparation of legal forms, collection of supporting evidence, and the ability to demonstrate the relationship’s authenticity to immigration officials.

We begin the process by filing Form I-130, Petition for Alien Relative, on behalf of the foreign spouse. This petition establishes the qualifying relationship and initiates the case with U.S. Citizenship and Immigration Services (USCIS). For spouses of U.S. citizens, there is no annual limit on visas, which usually leads to a faster process. For spouses of green card holders, wait times may be longer due to annual visa caps.

Once USCIS approves the I-130 petition, the case progresses either through adjustment of status if the foreign spouse is already in the U.S. or through consular processing if they are abroad. Adjustment of status involves filing Form I-485 to apply for permanent residence from within the United States, and it allows the applicant to stay in the country while the case is pending. If the spouse is outside the U.S., the case proceeds to the National Visa Center and ultimately to a U.S. embassy or consulate for interview.

Proving a Genuine Marriage

One of the most critical aspects of a marriage-based green card case is proving that the marriage is bona fide. USCIS examines the relationship to ensure it was not entered into simply to gain immigration benefits. As your legal representatives, we help assemble compelling evidence that demonstrates the authenticity of your relationship. This may include documentation such as jointly held bank accounts, leases or mortgages, insurance policies, photographs together, travel itineraries, and affidavits from friends and family.

The strength of your documentation can significantly influence the success of your case. We also help prepare you for the marriage interview, a key part of the process where both spouses are questioned by a USCIS officer. The goal is to assess whether the relationship is genuine, and interview questions often focus on details of the couple’s daily life, shared plans, and history.

If inconsistencies or doubts arise during the interview, USCIS may schedule a second, more in-depth interview, sometimes called a “Stokes interview.” This involves separate questioning of each spouse to compare responses. We provide thorough preparation to ensure our clients are confident and informed before walking into any immigration interview.

Conditional Residence and Removing Conditions

If your marriage is less than two years old at the time of green card approval, the foreign spouse receives a conditional green card valid for two years. To maintain lawful permanent resident status, a joint petition to remove conditions (Form I-751) must be filed during the 90 days before the card expires.

This process is not merely procedural. USCIS once again evaluates whether the marriage is legitimate. We help you submit updated documentation showing that your marriage continues to be genuine. In situations where the couple has divorced or separated, we can help request a waiver and demonstrate that the marriage was entered into in good faith, even if it did not last.

Financial Requirements and the Affidavit of Support

Every marriage-based immigration case requires the sponsoring spouse to file Form I-864, Affidavit of Support. This legally binding document shows that the petitioner has adequate income or assets to support the immigrant spouse and prevent reliance on public benefits. The required income level is typically 125% of the Federal Poverty Guidelines and is adjusted for household size.

We assist clients in gathering appropriate financial documents, calculating income accurately, and determining whether a joint sponsor is necessary. Because USCIS strictly enforces these financial requirements, attention to detail here can prevent costly delays.

Adjustment of Status in Texas

For spouses already in the United States, adjustment of status offers the opportunity to obtain a green card without leaving the country. This process involves submitting Form I-485 and supporting evidence, including medical exams, identity documents, and proof of the marriage. Applicants may also request an Employment Authorization Document (EAD) and Advance Parole Document, which allow them to work and travel while the green card application is pending.

In Texas, USCIS field offices such as the Houston Field Office process these applications. We monitor timelines, prepare our clients for local interview procedures, and remain available throughout the waiting period. It’s important to note that entering the U.S. unlawfully or overstaying a visa can complicate adjustment of status. In such cases, we evaluate eligibility for waivers and advise clients on the best legal path forward.

Consular Processing and Immigrant Visas

When the foreign spouse resides outside the U.S., the green card process must be completed through consular processing. After the I-130 is approved, the case moves to the National Visa Center, which coordinates with the appropriate U.S. consulate. The applicant must complete a visa application and attend an in-person interview abroad.

We assist with the visa application forms, help prepare the client for consular interviews, and advise on necessary documentation. Our team ensures that all forms are correctly submitted and that you meet all medical and security clearance requirements. Consular processing requires strategic planning, especially if the applicant has prior immigration violations or criminal history.

Texas-Specific Immigration Issues

While immigration law is governed at the federal level, Texas presents unique challenges and considerations. State laws and enforcement priorities can influence how local authorities interact with federal immigration agencies. For example, Texas Senate Bill 4 requires local law enforcement to cooperate with federal immigration officials, increasing the risk of detention for undocumented individuals.

For our clients in Texas, we advise on how local enforcement may affect immigration strategy. We also offer guidance for those who may be targeted by aggressive enforcement or have concerns about arrest, detention, or deportation. Our team regularly works with clients who face complex issues such as unlawful presence, prior removal orders, or criminal convictions.

Additionally, Texas allows couples to marry regardless of immigration status, which is crucial for initiating a marriage-based immigration case. However, proving a good faith marriage still requires strong documentation, and we help clients prepare accordingly.

Legal Challenges and How We Help

Some couples face complications such as prior deportation, criminal records, or separation after filing. Each of these scenarios can significantly impact an immigration case, but they are not necessarily disqualifying. We evaluate the facts of each case and pursue waivers or other legal remedies where available.

When necessary, we prepare waivers supported by extensive documentation and legal arguments. For example, if a spouse is inadmissible due to unlawful presence, we may file a provisional waiver before the immigrant departs the U.S. for consular processing. Similarly, for those who have been previously deported or have entered the U.S. without inspection, we identify options based on recent policy changes, court rulings, and waivers.

Timeline and Expectations

Processing times for marriage-based green cards vary widely. Typically, the I-130 petition takes 12 to 15 months, while adjustment of status or consular processing can add another 8 to 14 months, depending on case complexity and USCIS or consular backlogs.

Throughout the process, we communicate proactively with our clients, track application progress, and respond quickly to any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). Our role is to keep your case moving forward while avoiding preventable errors.

Why Choose Lamb & Turner, PLLC

As a law firm focused on immigration law, we bring a depth of experience and a level of personal service that larger firms often cannot match. We know that for each of our clients, immigration is not just a legal matter but a deeply personal journey. We are committed to supporting you at every stage with professionalism, honesty, and compassion.

Our practice includes fluent Spanish-speaking attorneys and staff, allowing us to serve Houston’s diverse immigrant population effectively. We remain up-to-date on changes in immigration policy, local enforcement patterns, and USCIS procedures, ensuring our clients benefit from accurate and strategic advice.

From preparing your initial petition to attending your final interview, we are by your side. Whether your case is straightforward or complicated by legal barriers, we have the experience to guide you to the best possible outcome.

FAQ

How long does the marriage green card process take?

Processing times depend on several factors, including whether the spouse is a U.S. citizen or a green card holder and whether the foreign spouse is applying from within the U.S. or abroad. Generally, the process can take 12 to 24 months from start to finish.

Can I apply for a green card if I overstayed my visa?

Yes, in many cases. If you are married to a U.S. citizen and entered the country legally, you may still be eligible for adjustment of status even if you overstayed your visa. If you entered without inspection or have other violations, we can explore waiver options with you.

What happens if my spouse and I separate during the process?

Separation can complicate the application, especially if the green card has not yet been approved. However, you may still qualify for a waiver if the marriage was entered into in good faith. We help clients build strong waiver applications when necessary.

Is a joint sponsor required if I don’t meet the income requirements?

Yes, a joint sponsor may be used if the petitioning spouse does not meet the income threshold. The joint sponsor must be a U.S. citizen or permanent resident and willing to assume financial responsibility for the immigrant.

Can I work while waiting for my green card?

If you apply for adjustment of status, you can also request a work permit (EAD). Once approved, you may work legally in the U.S. while your green card application is pending.

Call Our Houston Marriage Visa Lawyers Today!

Marriage-based immigration can be a rewarding but complex process. At Lamb & Turner, PLLC, we take pride in helping couples build their future together in the United States. Whether you are just starting the process or facing unexpected challenges, we are here to help.

Contact us today to schedule a consultation. We look forward to being your trusted partner on this important journey.