Getting a Green Card Through Marriage in Georgia: Process and Timeline

Getting a Green Card Through Marriage in Georgia: Process and Timeline

Marriage to a U.S. citizen is one of the fastest and most direct paths to lawful permanent residence. As an immediate relative, there is no visa number wait; you can begin the process as soon as your marriage is legally valid. However, the application involves extensive documentation, a thorough interview, and scrutiny to ensure the marriage is genuine and not entered into solely for immigration benefits.

J. Lee & Associates Law Group guides couples through the marriage-based green card process in Georgia.

Step-by-Step Process

Step 1: File Form I-130 (Petition for Alien Relative)

The U.S. citizen spouse files Form I-130 with USCIS to establish the qualifying marital relationship. Required evidence includes:

• Certified marriage certificate
• Proof of termination of any prior marriages (divorce decrees, death certificates)
• Proof of the petitioner's U.S. citizenship (birth certificate, passport, naturalization certificate)
• Passport photographs of both spouses
• Filing fee ($535) [VERIFY - dated 2026-05]

Step 2: File Form I-485 (if spouse is in the U.S.)

If the foreign spouse is already in the United States in lawful status (or entered lawfully and qualifies for adjustment under INA § 245), they can file Form I-485 concurrently with the I-130. Concurrent filing significantly reduces the overall timeline. The I-485 package includes:

• Form I-485 (Adjustment of Status)
• Form I-864 (Affidavit of Support) showing the sponsor's income meets 125% of the Federal Poverty Guidelines
• Form I-765 (Employment Authorization) to work while the case is pending
• Form I-131 (Advance Parole) for travel while the case is pending
• Medical examination results (Form I-693) from a USCIS-designated civil surgeon
• Evidence of bona fide marriage (see below)

Step 3: Biometrics Appointment

Both spouses attend a biometrics appointment at a USCIS Application Support Center for fingerprinting and photographs. This typically occurs 3 to 6 weeks after filing.

Step 4: The Green Card Interview

For marriage-based cases, USCIS requires an in-person interview at the local field office. The Atlanta USCIS Field Office handles Georgia cases. At the interview:

• Both spouses must attend together
• An officer reviews your application and supporting documents
• You are asked questions about your relationship: how you met, when you started dating, your wedding, your daily life together, future plans
• The officer may interview spouses separately (a "Stokes interview") if there are concerns about the marriage's genuineness
• Bring originals of all submitted documents plus any new evidence of the ongoing relationship

Proving Your Marriage Is Genuine

USCIS looks for evidence that your marriage is real, not a sham entered into for immigration purposes. Strong evidence includes:

• Joint bank accounts and credit cards
• Shared lease or mortgage
• Joint utility bills, insurance policies, and vehicle registrations
• Joint tax returns filed as "married filing jointly"
• Photos of your relationship over time (dating, engagement, wedding, vacations, holidays with family)
• Birth certificates of children born to the marriage
• Sworn declarations from friends and family who know the couple
• Communication records (text messages, call logs, emails)

Conditional Green Card (Two-Year Card)

If your marriage was less than two years old when your green card is approved, you receive a conditional green card valid for two years. Before it expires, you must file Form I-751 (Petition to Remove Conditions on Residence) jointly with your spouse, along with evidence that the marriage continues to be genuine. If the marriage ends in divorce before filing I-751, you may file a waiver request with evidence that the marriage was entered into in good faith.

Common Issues

• Unlawful presence: If the foreign spouse entered without inspection (crossed the border without authorization), they generally cannot adjust status in the U.S. and may need to consular process abroad. This triggers the unlawful presence bars under INA § 212(a)(9)(B), requiring an I-601A provisional waiver.
• Prior immigration fraud: Previous false claims to U.S. citizenship, prior use of fraudulent documents, or prior marriages of convenience can create permanent or temporary bars.
• Criminal inadmissibility: Certain criminal convictions require waivers under INA § 212(h).

Timeline

For immediate relatives filing concurrently (I-130 + I-485), the process typically takes 8 to 14 months from filing to green card approval, though times vary by USCIS field office workload. You receive work authorization (EAD) and travel permission (advance parole) approximately 3 to 5 months after filing, often on a combined EAD/AP card.

Contact a Georgia Marriage Immigration Attorney

J. Lee & Associates Law Group handles marriage-based immigration cases with care and expertise. Call (770) 609-9396. Se habla español.