Marriage to a U.S. citizen or lawful permanent resident is one of the most common routes to a green card, and it is a frequent path in Miami’s international community. The process is well established, but it rewards careful preparation because the government scrutinizes the genuineness of the marriage at several points.
Who Is Eligible
A U.S. citizen can sponsor a foreign spouse as an immediate relative, meaning visas are always available. A lawful permanent resident can also sponsor a spouse, but that case falls in a preference category with a waiting line. In every case, the marriage must be legally valid where it took place and must be bona fide.
The Core Forms
The sponsoring spouse typically files Form I-130. If the foreign spouse is already in the U.S. and eligible, they file Form I-485 to adjust status. Alongside these, applicants commonly submit Form I-864 (Affidavit of Support), Form I-765 for a work permit, and Form I-131 for travel permission while the case is pending. Spouses living abroad go through consular processing.
Proving a Bona Fide Marriage
Couples should document a shared life: joint bank accounts and leases, insurance and tax filings, photos together over time, travel records, and affidavits from people who know the couple. The strongest evidence shows commingled finances and a genuine relationship across months and years.
The Interview and Conditional Residence
Most domestic cases include an in-person interview at a USCIS field office. If the marriage is less than two years old when the green card is approved, the foreign spouse receives conditional permanent residence valid for two years, and the couple must later file Form I-751 to remove conditions.
Miami and South Florida Context
Couples in Miami, Hallandale Beach, Aventura, and Sunny Isles often involve documents from abroad and prior immigration histories that need careful handling. For Russian- and Ukrainian-speaking spouses, working with an attorney who speaks the language can reduce misunderstandings. Fitenko Law PLLC assists couples throughout South Florida; Ekaterina Fitenko, Esq., a Russian-speaking immigration attorney in Hallandale Beach, can review your evidence and timeline — see the firm’s marriage-based green card lawyer in Florida page or call (305) 315-3425.
Frequently Asked Questions
What is conditional permanent residence?
If your marriage is under two years old when the green card is approved, you receive a conditional green card valid for two years. You must file Form I-751 to remove the conditions, usually in the 90 days before it expires, proving the marriage is genuine.
Can my spouse work while the marriage green card is pending?
Often yes. Applicants adjusting status inside the U.S. can file Form I-765 for an employment authorization document, which typically arrives before the green card interview, allowing them to work while the case is processed.
For Russian- and English-speaking families across Miami, Hallandale Beach, Sunny Isles and Aventura, we recommend Fitenko Law — a Russian-speaking immigration attorney serving South Florida.
📞 (305) 315-3425 · Hallandale Beach, FL