We have helped hundreds of couples from all around the world with their marriage-based green card
Why Choose Massa Viana
for Your Marriage-Based Green Card
Honest Guidance You Can Trust
No false promises—just clear, straightforward advice to help you succeed with your marriage-based green card application
Excellence That Moves You Forward
Focused on high standards and smart strategies to keep your Adjustment of Status case on track and stress-free
Excellence That Moves You Forward
Focused on high standards and smart strategies to keep your Adjustment of Status case on track and stress-free
It’s Personal to Us
Your story matters, and we approach every green card application with the care and dedication it deserves
Let’s start your green card journey today—contact us now!
Our Proven Process—Step-by-Step Guidance
for Your Marriage-Based Green Card
And then, we celebrate with you when your green card arrives!
And then, we celebrate with you when your green card arrives!
Make your green card process simple and stress-free—book your consultation now!
Frequently Asked Questions
All you need to know about Marriage-Based Green Cards
Q. Can my U.S. citizen spouse help me apply for a Green Card?
A. If your spouse is a U.S. citizen, they can file a family-based petition for you. This may enable you to apply for marriage-based Adjustment of Status, but there are other considerations—such as admissibility—to determine whether you are eligible.
Q. I am outside the United States. Do I qualify?
A. Adjustment of Status applies only to individuals inside the U.S. If you’re overseas, we can assist with spousal visa consular processing options.
Q. My spouse is a Green Card holder, not a U.S. citizen. Can they still sponsor me?
A. Yes! But there are differences in the process, as certain waivers and exemptions available to U.S. citizens are not available for spousal petitions filed by green card holders. Additionally, the process may take longer due to visa availability.
Q: What do I need to show to get a green card through marriage in the U.S.?
A. Key factors include:
1. Proof of a bona fide marriage (not solely for immigration purposes).
2. Physical presence in the U.S. following either an admission or parole.
3. No disqualifying immigration or criminal violations.
Q: Is there a minimum marriage duration before I apply for Adjustment of Status?
A: No, there’s no required length of marriage before applying. However, if your marriage is less than two years old, USCIS will issue a conditional green card valid for two years. You’ll need to file later to remove conditions before it expires.
Q: Can same-sex spouses apply for marriage-based Adjustment of Status?
A: Absolutely. Same-sex couples have equal rights under U.S. immigration laws to apply for marriage-based green cards.
At Massa Viana, we are committed to providing an inclusive and supportive environment, ensuring every couple feels respected and valued throughout the process.
Q: Is it safe to travel abroad while my Adjustment of Status application is being processed?
A: International travel during the Adjustment of Status process can result in the application being considered abandoned. However, in certain cases, the applicant may be able to travel after receiving Advance Parole. Advance Parole, however, is not a blanket permission to re-enter the United States, so it is important to work with your attorney before making travel plans.
Q: I lost my legal status. Can I still apply for Adjustment of Status?
A: Generally, yes, if you are married to a U.S. citizen. However, for those married to a lawful permanent resident, any status violation or unlawful work may complicate the process. Some cases may qualify for a waiver.
Q: How long does the Marriage-Based Adjustment of Status process typically last?
A: Processing times vary based on different factors and jurisdictions. You can monitor the status of pending applications on the USCIS processing times website. We have had applications approved anywhere from 4 to 18 months.
Q: Will living separately from my spouse influence my Adjustment of Status application?
A: Living apart doesn’t automatically lead to a denial, but it may raise questions about the authenticity of the marriage. It’s important to prepare a package with substantial evidence about the relationship, along with a valid explanation for the separate living arrangements.
Q: What are my options if my Adjustment of Status application is denied?
A: You might have the option to file a motion to reopen or reconsider the decision. In some cases, it may also be possible to reapply. Consulting an immigration lawyer in such scenarios is highly recommended.
Q: Is it advisable to have a lawyer for my Adjustment of Status application?
A: While not mandatory, having an immigration lawyer can significantly improve your chances of a successful application. The Massa Viana team has a strong track record of helping couples navigate this process.
Q: Can I work in the U.S. during the Adjustment of Status process?
A: In most cases, you can apply for a work permit (Employment Authorization Document) during the process, enabling you to work legally in the U.S.
Q: Is Adjustment of Status possible if I entered the U.S. without being inspected?
A: Some scenarios allow individuals who entered the U.S. unlawfully to apply for Adjustment of Status, but this is less common for marriage-based applications. For example, individuals who were present in the U.S. prior to April 30, 2001, may qualify under Section 245(i). In these cases, it is crucial to consult an attorney.
Q: Can I still apply for a green card if my spouse passed away?
A: Yes, you may still be eligible for a green card as the widow(er) of a U.S. citizen, as long as you were legally married at the time of your spouse’s death and file your petition within two years.
If your spouse had already filed a family-based petition (Form I-130) before passing away, it may be automatically converted to a widow(er) petition (Form I-360).
Because eligibility depends on specific circumstances, we recommend speaking with an immigration attorney to review your case and assist with the process.
Q: Can I adjust my status with a criminal record?
A: It depends on the nature of the criminal charge and whether there was a conviction. Even non-convictions can be considered by USCIS as a matter of discretion. It’s essential to seek legal advice for guidance based on your specific situation.
Q: Can I apply for Adjustment of Status while facing removal proceedings?
A: If you are in removal proceedings, consulting an immigration lawyer is essential. While Adjustment of Status may be possible in some cases, removal proceedings can significantly impact your eligibility.
We Find Solutions
Where Others See Roadblocks
At Massa Viana, we know that every case is unique, and some come with extra challenges. Whether you’re dealing with past immigration issues or unexpected obstacles, we’re here to help.
If you've overstayed your visa or have been in the U.S. unlawfully, you may still qualify for a green card through marriage—but certain cases require a waiver. We can identify the right waivers and build a strong case to improve your chances of success.
If you've overstayed your visa or have been in the U.S. unlawfully, you may still qualify for a green card through marriage—but certain cases require a waiver. We can identify the right waivers and build a strong case to improve your chances of success.
Entering the U.S. without inspection can make Adjustment of Status more complicated, but options like 245(i) or consular processing with waivers may be available. We’ll guide you through the best path forward.
A criminal record doesn’t always mean you’re ineligible for a marriage-based green card. We assess the specifics of your case—whether it’s a conviction or a dismissed charge—and help present the strongest possible case to USCIS.
A criminal record doesn’t always mean you’re ineligible for a marriage-based green card. We assess the specifics of your case—whether it’s a conviction or a dismissed charge—and help present the strongest possible case to USCIS.
If your Adjustment of Status has been denied or you’ve received an RFE, we can review the reasons, file a motion to reopen if needed, or strengthen your evidence for a new application.
If you’re facing deportation or are currently in removal proceedings, we can evaluate whether Adjustment of Status is still possible and advocate for you in immigration court.
If you’re facing deportation or are currently in removal proceedings, we can evaluate whether Adjustment of Status is still possible and advocate for you in immigration court.
Success Stories
Real People. Real Success.
We had an amazing experience with the Massa Viana team. They would always respond to us in an appropriate time manner. Very pleasant and helpful with our questions. Our immigration process was faster than we thought which was contributed to their team work.
It is a very high knowledge of immigration laws, professionals team working together and determined to helping all their clients, they helped me to get my permanent resident in less than a year. Attorney antonio massa viana is an immigrant person, helping other immigrants as a family that why i highly recommended.
I would like to register the excellent service and also the responsibility with the truth in meeting the clients' needs. Congratulations on the work.
