Married to a U.S. Citizen or Lawful Permanent Resident

U.S. Citizens and Lawful Permanent Residents (green card holders) are able to file a petition on behalf of their spouse who currently reside either within or outside of the United States. The first step of the proccess is filing a petition for classification of the relative as a qualifying relative with the United States Citizenship and Immigration Services (USCIS). Once the application is approved, the foreign spouse will either file for adjustment of status in the U.S., or for an immigrant visa from a consulate outside of the U.S.


If you are married to a U.S. citizen, a visa is automatically available and you will not have to "stand in line" for a visa. This means that once USCIS approves the petition in the first step of the process, you will be able to automatically apply for your green card. Some may even file both applications at the same time. On the other hand, the spouse of a Lawful Permanent Resident will have to wait until a visa is available so that they can apply for a green card once their petition has been approved. 





  • Currently married to a U.S. citizen or Lawful Permanent Resident. 

  • Marriage was entered in good faith and you are able to provide evidence. 

  • Petitioning spouse meets the income requirements. 

  • Petitioning spouse resides or will soon reside in the United States. 

  • Visa is currently available. 

  • Foreign spouse is admissible to the United States or qualifies for a waiver. 


Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846. 



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