Obtaining a Permanent Residency Visa (GreenCard) in the U.S through Marriage to a U.S Citizen

Applying for a Green Card After Getting Married in the U.S.

Sometimes, a Filipino national enters the United States without any intention of marrying or applying for a green card, but after arrival, their plans change—they fall in love with a U.S. citizen and decide to get married and pursue permanent residency.
When the Filipino spouse applies for a green card from within the United States, whether they hold a valid non-immigrant status or are currently out of status—this process is called Adjustment of Status, also known as marriage-based status adjustment or green card status conversion.

In certain exceptional cases, it may also be possible to enter the U.S. and adjust status even if the couple married before the Filipino spouse entered the country. However, this should always be reviewed with an immigration attorney first.

A common example:
A 31-year-old Filipino woman enters the U.S. on a tourist visa. During her third month of travel, she unexpectedly reunites with a childhood friend who immigrated years ago. They fall in love again and decide to get married. Because she entered the U.S. on a tourist visa without any prior intention to marry or apply for a green card, she is allowed to adjust her status and obtain permanent residency based on that marriage.

As shown in this example, you must not have had the intention to marry and apply for a green card at the time you entered the United States on a tourist visa.

Are there Exceptions?

Yes. Some employment-based visas allow “immigrant intent.”
Filipino spouses entering the U.S. on visas such as H-1B, L, or O may get married in the Philippines and still adjust their status after entering the United States.
There are other limited exceptions as well. Anyone unsure about their situation should contact our office, explain their circumstances clearly, and receive proper legal guidance.

See also: The “30/60 Day Rule” Related to Immigrant Intent at Entry

How long does it take to receive a Green Card?

After preparing and submitting the application and required documents to USCIS, most applicants receive their green card within 4 to 6 months on average.
Processing times can vary widely—some cases are approved in as little as 2.5 months, while others may take 6 months to over a year.

Looking at long-term trends over the past decade, the most common processing timeframe has been 4 to 6 months. Timing also differs by state and city. For example:

Los Angeles typically processes cases about 2 months faster than the national average.
Areas with small populations, such as Alaska, also tend to move more quickly.
Seattle has recently become a fast-processing region as well.

Since the COVID-19 pandemic, however, many cases have slowed significantly, with some taking more than two years. Still, certain cases continue to move quickly. Recently, an interview was scheduled within 6 months for a case in Indiana, and one case filed in March 2022 received an interview notice in just 3 months.

Important: Examples of Green Card Denial Cases

Some clients initially assume, “We’re a real married couple, so the interview should be easy.” However, even genuine couples can face difficulties if they are not properly prepared.

While all of our clients have successfully obtained their marriage-based green cards thanks to thorough preparation, several individuals who tried to handle the process without an attorney—and came to us after problems arose—experienced issues such as:

Failing the interview
Receiving requests for additional evidence
Being called in for multiple follow-up interviews

After reviewing these denial cases, we emphasize once again the importance of careful, professional preparation for the marriage-based green card interview.

Frequently Asked Questions (FAQ) About Marriage Permanent Residency Change of Status

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Our law firm has a 99% success rate for family -sponsored green cards . We've only recently had one case denied. When consulting with other law firms, please check their success rates and compare them with ours.

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Refund of attorney fees in case of permanent residency denial

Our law firm provides detailed guidance on the step-by-step procedures and requirements, from application to issuance. Therefore, by following our guidance step by step, you can obtain your green card. If your green card change of status is denied despite following our guidelines, we will refund your attorney fees .

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Reasonable Attorney Fee

After consulting with Attorney Jaegyun Ryu and receiving a price quote, please call the immigration law firm nearest to your residence to compare prices. You will quickly confirm that our attorney's fees are reasonable .

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https://youtube.com/watch?v=eRZjKyykSZs%3Fsi%3D-sK5qP2FI1Tmjp3Y

Check out this video on what USCIS considers a genuine marriage. It explains why USCIS has a narrow definition of marriage. It explains why interviews are more difficult for weekend couples and why mail-in applications require a second interview.

We've compiled a list of actual questions asked by immigration officers during interviews.

We've compiled some of the questions actually asked by immigration officers during marriage green card interviews, so please refer to them.

A collection of actual questions asked by immigration officers during interviews.

Below are some of our interview reviews and customer testimonials

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In short, I was very impressed and satisfied with the overall experience. I didn’t know what to expect because I knew an immigrant from Romania was not a typical client your office handles. But despite this, I was pleasantly surprised of the speed in which your office was able to help me and my wife. I loved that most of the communication/documentation exchange......

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Qualifications for Marriage Permanent Residency Change of Status

To apply for a marriage green card, you must meet all of the following requirements:

♥ One spouse must be a U.S. citizen.

Proof of U.S. citizenship requires a U.S. passport, certificate of citizenship, or other document.

♥ The marriage must have occurred at least 90 days after your Filipino spouse legally entered the United States.

Your Filipino spouse must have entered the United States with a valid visa or visa-exempt status. If your spouse crossed the Canadian or Mexican border without legal entry, he or she will not be eligible for permanent residency, except in extremely exceptional circumstances.

♥ Your Filipino spouse must not have a significant criminal record.

If you have even one arrest record, please email us the documents related to the arrest so we can review them. Simple traffic violations are not a major issue, but fraud, theft, and felonies must be reviewed for immigration issues. Additional attorney fees may apply if you have an arrest record or a serious criminal record.

♥ Your American spouse must not have a significant criminal record.

If you have a criminal conviction, please email us with documentation so we can review it.

♥ Your Filipino spouse must not have violated any major immigration laws.

Generally, overstaying your authorized stay after entering the United States is not an issue for immigration authorities. However, they often fail to recognize other potentially problematic circumstances. If you suspect a violation of immigration law, you must notify our law firm.

♥ It must be a genuine marriage.

Obtaining a green card shouldn't be the purpose of marriage. A genuine marriage is one where you marry out of love, and when you marry out of love, the green card will naturally follow. You may not believe it, but immigration officials often ask during interviews whether you're getting married to obtain a green card. The term "genuine marriage" has several meanings. First and foremost, it means the couple must live together in the same house. If you're applying for a green card without living together, be sure to consult with an attorney. It also means the couple can open a joint bank account and live together using the savings, register their names together on the housing lease, and receive mail under both spouses' names. Thus, the immigration office's definition of marriage is much narrower and more specific than what we typically think of. Therefore, keep this in mind when preparing your documents and interview.

♥ The U.S. citizen spouse must be able to provide financial support.

U.S. law requires the citizen spouse to have a certain amount of assets or income. This is because the Filipino spouse, after becoming a U.S. permanent resident, may rely on U.S. government assistance to support themselves. Therefore, if the citizen spouse lacks a certain income or assets, they may need to appoint another joint guarantor, or, in some cases, the Filipino spouse's assets or income may be used to provide financial support.

Cost of changing marriage permanent resident status

The costs associated with changing your marriage status to permanent residency can be categorized into: ① immigration fees, ② health screening fees, ③ attorney fees, ④ postage, and ⑤ additional costs. We specify these costs in the contract, and no additional costs will be charged beyond those stated in the contract.

Application Procedure for Marriage Permanent Residency Status Change

STEP 1. Consult with a lawyer to determine eligibility for a change of status to permanent residency based on marriage.

We recommend consulting with an attorney to accurately determine your eligibility for a marriage-based permanent resident status change. The fastest and most accurate method of consultation is by phone, and consultations are available in a variety of formats.

To speak directly with Attorney Jaegyun Ryu, call +1 (408) 516-4175 or email: [email protected]. For Filipino clients only: +63 991 708 6191. U.S. office hours: Monday - Saturday, 8:00 AM - 5:00 PM, Pacific Standard Time. For Filipino clients: call Monday - Saturday, 8:00 AM - 5:00 PM * If your call is not answered, please leave a voicemail. We will call you back after receiving your message. (Except holidays).

Through consultation, we will confirm whether you have any disqualifications for permanent residency and provide detailed information on precautions for future permanent residency applications. You will also receive detailed guidance on additional costs incurred due to past disqualifications and the potential additional costs for future disqualifications.

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STEP 2. Write a contract, pay the deposit, and receive guidance documents.

After the consultation, we'll email you a contract for your review. If you decide to proceed with us, we'll proceed as follows: ① The customer prints the contract, signs it, and emails it to us. ② The customer pays a deposit (50% of the contract amount). (Payment is accepted by check, credit card, or PayPal.) ③ We'll email you a checklist and questionnaire.

STEP 3. Gather the necessary documents and information to apply for a change of status to permanent residency through marriage.

This is the stage where you gather the documents and information required for a marriage-based permanent resident status change. You must gather all the necessary information and documents and submit them to our law firm. Depending on the client, this process can take anywhere from one week to a month. This stage is also when clients often have the most questions. Our law firm provides prompt and accurate answers directly to all your questions, ensuring you receive the most satisfactory answers.

STEP 4. Submit your permanent residency application and receive guidance on future procedures and requirements.

After the law firm mails the green card application, attorney's letter, and supporting documents to the immigration office, it will email the client a "post-submission information package." <Information package contents> ① What happens after the green card application is received and the process ② Things to be aware of when moving within the U.S. after applying for a green card ③ How to check the green card process ④ How to apply for a SSN ⑤ Explanation of the reason and purpose of the green card interview ⑥ List of documents to prepare for the interview ⑦ Things to do before the interview ⑧ Sample interview questions ⑨ Things to do and precautions to take during the interview, etc.

Preview of various receipts

STEP 5. Receive a receipt after applying for permanent residency.

After mailing your green card application to USCIS, you will receive a confirmation of receipt within two weeks to two months. This receipt signifies that USCIS has successfully received your green card application and the required fee and is now ready to begin reviewing your documents.

Preview of the fingerprinting request form

STEP 6. Receive a fingerprint request form.

After receiving the application, USCIS will mail a fingerprinting request form, called an "ASC Notice," within approximately one month. Applicants for permanent residency must bring their passport or driver's license to the location indicated on the form and have their fingerprints taken at the designated time. Upon completion of the fingerprinting, USCIS will provide a receipt, which should be kept in a safe place. The fingerprints will be used to determine the applicant's criminal record.

Preview of Work Permit & Travel Permit Approval

STEP 7. Obtaining a work permit and travel permit

Approximately three to eight months after submitting your green card application, you will receive a work permit and an advance parole by mail. This single document, similar in size to a driver's license, serves as both a work permit and an advance parole. The work permit and advance parole are issued on a single sheet, approximately the size of a driver's license. After receiving your work permit, you can apply for a Social Security Number (SSN) and begin legally working in the United States.

Preview of the Interview Guide

STEP 8. Receive an interview schedule

After applying for permanent residency, you will receive an interview schedule from the USCIS approximately 6-12 months later. Our law firm provides clients with a list of required documents and an interview information package. Furthermore, we conduct virtual interviews with Attorney Jaegyun Ryu to help clients thoroughly prepare and confidently approach their interviews.

View a copy of your approved green card

STEP 9. Pass the interview and receive permanent residency approval.

If you pass the interview, your green card will be delivered to your address within two weeks to a month. Our law firm provides detailed guidance on what you need to know after obtaining your green card, including conditional green card status and how to maintain it, how to terminate it, and how to apply for citizenship.

Check the eligibility requirements in advance when applying for permanent residency in the United States through marriage to a citizen.

1. Is either spouse a U.S. citizen? *If you are not a citizen, your Filipino spouse must meet additional eligibility requirements. This page is for spouses of citizens, so please select "Get a green card in the United States by marrying a permanent resident" from the menu above. You must have proof of citizenship, such as a U.S. passport, U.S. naturalization certificate, or U.S. citizenship certificate.

yes.

no.

I am a permanent resident.