Marriage-based Immigration

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Marriage-Based Immigration Attorney In New Jersey

Can I Bring My Fiancé To The United States?

At Thomas DeMarco & Associates, we understand the importance of family and the desire to be with your spouse in the United States. Marriage-based immigration is one of the most common ways for U.S. citizens and lawful permanent residents to sponsor their foreign-born spouse for a green card. However, navigating the U.S. immigration system can be complex, and it is important to ensure that every step of the process is handled correctly. Our experienced immigration attorneys are here to help you reunite with your spouse and ensure a smooth immigration process.


Marriage-based immigration allows a U.S. citizen or lawful permanent resident (green card holder) to sponsor their foreign-born spouse for a visa or green card to live in the United States. Depending on the immigration status of the sponsoring spouse and the location of the foreign spouse, the process may involve either adjustment of status within the U.S. or consular processing abroad.

Call Thomas DeMarco & Associates at 856-541-9000 to schedule a consultation with a lawyer today.

Steps in the Marriage-Based Immigration Process

The marriage-based immigration process can vary depending on the circumstances of your case, such as whether the foreign spouse is currently inside or outside the U.S., and whether the petitioner is a U.S. citizen or lawful permanent resident. The process generally includes the following steps:

1. Filing the I-130 Petition

2. Adjustment of Status (For Spouses in the U.S.)

3. Consular Processing (For Spouses Outside the U.S.)

Conditional Green Cards for New Marriages

If you have been married for less than two years at the time your foreign spouse’s green card is approved, the spouse will be issued a conditional green card, which is valid for two years. This is to ensure that the marriage is genuine and not entered into for immigration purposes.

Before the two-year conditional green card expires, the couple must file Form I-751, Petition to Remove Conditions on Residence, to request that the conditions be removed and the spouse be granted a permanent green card.

To remove the conditions, the couple must provide evidence that the marriage is still ongoing, such as:

  • Joint financial accounts (e.g., bank accounts, credit cards).
  • Shared housing documents (e.g., lease agreements, mortgages).
  • Birth certificates of any children born to the couple.
  • Affidavits from friends and family attesting to the authenticity of the marriage.


If the couple divorces or separates before filing the I-751 petition, it is still possible to file a waiver under certain circumstances, such as if the marriage was entered into in good faith but ended in divorce or if the spouse was the victim of abuse.


At Thomas DeMarco & Associates, we understand the complexities and emotional challenges of the marriage-based immigration process. Our attorneys are committed to helping you and your spouse navigate the legal system and overcome any obstacles that may arise. With years of experience in family-based immigration law, we are here to provide compassionate, effective representation.

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Have Questions?

Call Thomas DeMarco & Associates at 856-541-9000 today to speak to an attorney.

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