Marriage-Based Green Card Lawyer in New York City
Guiding couples through the I-130, I-485, and the interview process at the USCIS New York field office.
Overview
What a Marriage-Based Green Card Is — and Who Needs One
A marriage-based green card is the most direct path to U.S. lawful permanent residence for the foreign spouse of a U.S. citizen or lawful permanent resident. When approved, it grants the spouse the legal right to live and work in the United States permanently, travel internationally without risking reentry, and eventually pursue U.S. citizenship through naturalization.
Yazdi Law represents couples throughout the five boroughs and surrounding counties who are pursuing this process — whether the foreign spouse is already in the United States and seeking to adjust status, or is abroad and will go through consular processing. Typical clients include newlyweds who met while one spouse was studying or working in New York on a visa, long-distance couples who married abroad and are now reunifying in the U.S., spouses of U.S. citizens who entered on a K-1 fiancé visa, and couples navigating the additional complexity of prior marriages, immigration history, or criminal records. We serve clients across all national origins, with counsel available in both English and Farsi for the Iranian-American community.
Every marriage-based case is different. What looks like a simple application on paper almost always involves strategic decisions that meaningfully affect timing, cost, and the likelihood of approval.
Legal Foundation
The Legal Framework
Marriage-based green cards are authorized under the Immigration and Nationality Act (INA). The specific legal framework depends on whether the U.S. spouse is a citizen or a lawful permanent resident, and whether the foreign spouse is in the U.S. or abroad.
The foundational statute is INA § 201(b) for spouses of U.S. citizens (who are classified as "immediate relatives" and not subject to annual visa quotas) and INA § 203(a)(2)(A) for spouses of lawful permanent residents (who fall under the F2A family preference category and may face waiting periods depending on Visa Bulletin availability). The distinction is significant: spouses of U.S. citizens can generally file all forms concurrently and proceed without delay, while spouses of LPRs may need to wait for a visa number to become available before the adjustment or immigrant visa application can be filed.
The forms vary by situation. A foreign spouse present in the U.S. in valid status typically files two forms simultaneously: Form I-130 (Petition for Alien Relative), filed by the U.S. spouse to establish the qualifying relationship, and Form I-485 (Application to Register Permanent Residence or Adjust Status), filed by the foreign spouse to request the green card itself. Most couples also file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently, which allow the foreign spouse to work and travel while the case is pending.
For spouses abroad, the process involves the I-130 filed by the U.S. spouse, followed by consular processing through the National Visa Center and an immigrant visa interview at a U.S. embassy or consulate.
The governing agency is U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security. For adjustment of status cases filed by New York City residents, the case is initially processed by a USCIS service center and then transferred to the USCIS New York field office at 26 Federal Plaza in Lower Manhattan for the interview.
The standard the government applies is whether the marriage is "bona fide" — meaning entered into in good faith and not for the purpose of evading U.S. immigration laws. Immigration officers are trained to look for red flags suggesting a sham marriage, and the burden is on the applicants to demonstrate a genuine marital relationship through documentary evidence and, when required, in-person interview testimony.
How It Works
The Process, Step by Step
The marriage-based green card process for a couple adjusting status from within the United States typically proceeds as follows.
Initial Consultation and Case Assessment
The process begins with a thorough review of both spouses' backgrounds — immigration history, any prior marriages, criminal records, financial situation, and the timeline of the relationship. This is where the strategic decisions are made: whether to file now or wait, whether any waivers or additional applications will be needed, how to address any red flags proactively, and what evidence to begin gathering.
Document Gathering and Preparation
Before filing, the couple assembles a substantial package of supporting documentation. This includes the marriage certificate, proof of the termination of any prior marriages (divorce decrees, death certificates), the U.S. spouse's proof of citizenship or permanent residence, the foreign spouse's passport and entry documents, tax returns and financial records, and — critically — evidence of the bona fides of the marriage. Bona fides evidence includes joint bank accounts and credit cards, joint lease or mortgage documents, health insurance naming each other as beneficiaries, photos together over time with family and friends, communications records, affidavits from people who know the couple, and any other documentation showing a shared life.
Filing the Petition and Application
Once prepared, the I-130 and I-485 are filed together, along with I-765 and I-131. Filing fees total approximately $3,005 as of 2025. USCIS issues receipt notices within 2-4 weeks confirming the case has been accepted.
Biometrics Appointment
Within 4-8 weeks of filing, the foreign spouse receives a notice to appear at a USCIS Application Support Center for fingerprinting and background checks. New York City applicants typically report to the Federal Plaza or a Queens-based support center.
Employment Authorization and Travel Document
Approximately 3-6 months after filing, the foreign spouse usually receives an Employment Authorization Document (EAD) and Advance Parole combination card, allowing them to work legally and travel internationally while the green card case remains pending.
The Interview at 26 Federal Plaza
This is the central event of the case for New York applicants. Based on current USCIS processing data, marriage-based adjustment of status cases at the New York field office are taking approximately 14 to 22 months from filing to interview — among the longest wait times in the country due to case volume. At the interview, both spouses appear together before a USCIS officer who reviews the application, questions the couple about their relationship, and examines the supporting evidence. Interviews typically last 30 to 60 minutes. For cases with any complexity or concerns, the officer may conduct a separate interview of each spouse — known as a Stokes interview — comparing answers to assess credibility.
Decision
In most cases, the officer makes a decision at or shortly after the interview. Approvals result in the foreign spouse receiving the physical green card by mail within several weeks. If the couple has been married less than two years at the time of approval, the green card is conditional and requires a separate filing (Form I-751) two years later to remove the conditions and obtain permanent status.
What to Watch For
Common Pitfalls and How We Avoid Them
Inadequate Bona Fides Evidence
Many couples submit only a few photos and a marriage certificate, assuming that the legal marriage itself is sufficient proof. USCIS officers expect a comprehensive record demonstrating that the couple has actually built a life together. Thin evidence frequently triggers a Request for Evidence (RFE), adding four to six months to the timeline, or leads to a second interview. At Yazdi Law, we help couples identify and organize evidence systematically — often uncovering useful documentation the couple didn't realize was relevant.
Filing Errors and Omissions
A missing signature, an unchecked box, an unsigned form, or an incorrect answer on Form I-485 can result in rejection of the entire package or a request for corrections that delays the case by months. Marriage-based applications require multiple interlocking forms, each with dozens of questions, and the forms change periodically. We review every form carefully before filing and maintain checklists to catch errors before USCIS does.
Failure to Disclose Prior Issues
Prior marriages, prior immigration violations, visa overstays, criminal arrests (even if charges were dismissed), and prior immigration applications all must be disclosed on the forms. Failure to disclose is often treated more severely than the underlying issue itself, and can constitute a misrepresentation finding that carries lifetime immigration consequences. We work with clients to identify and properly address every potentially disclosable issue before filing.
Inadequate Interview Preparation
Couples who walk into the interview unprepared — even with a genuinely bona fide marriage — often stumble on questions they should have anticipated. We conduct mock interviews with clients, review the types of questions commonly asked at the New York field office, and identify areas where the couple's answers might appear inconsistent without proper context.
Mishandling of RFEs
If USCIS issues a Request for Evidence, the response is typically due within 87 days and must be thorough, well-organized, and responsive to every specific concern raised. Weak RFE responses lead to denials; denials are difficult and expensive to reopen. We draft RFE responses that address concerns directly and include supplemental evidence that strengthens the overall case.
Free Consultation
Planning a marriage-based green card application? We'll assess your situation and outline a clear path forward.
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Costs and What's Included
Attorney fees for marriage-based green card representation at Yazdi Law depend on the specifics of each case — particularly whether the case involves any complications such as prior marriages requiring documentation, immigration history concerns, criminal records requiring waivers, or the need for a Stokes interview. Straightforward cases with no complications are quoted at a flat fee discussed during the initial consultation; more complex cases may involve additional scope for waivers or supplemental applications.
Legal representation at Yazdi Law includes: initial consultation and case strategy; preparation of all required forms (I-130, I-485, I-765, I-131, and any applicable waivers or supplements); review and organization of supporting evidence including guidance on what to gather; filing with USCIS and payment coordination; response to any Requests for Evidence; interview preparation including mock interviews; representation at the USCIS interview at 26 Federal Plaza; and follow-through on the approval and green card receipt. For conditional green cards requiring an I-751 filing two years later, that work is typically quoted separately closer to the filing deadline.
USCIS filing fees are separate from attorney fees and must be paid directly to USCIS. As of 2025, the combined filing fees for a concurrent I-130, I-485, I-765, and I-131 are approximately $3,005. Fee waivers are available in limited circumstances.
We discuss pricing openly at the free initial consultation and provide a written fee agreement before any work begins. You will not be surprised by costs mid-case.
FAQ
Frequently Asked Questions
How long does a marriage-based green card take in New York City?
Can my spouse work while the green card case is pending?
What happens at the USCIS interview at 26 Federal Plaza?
What if we've been married less than two years when the green card is approved?
Schedule a Consultation
If you're planning to apply for a marriage-based green card — or if you've received a Request for Evidence, interview notice, or denial — contact Yazdi Law today. Our Midtown Manhattan office is located at 261 Madison Avenue, Suite 1035, steps from Grand Central Terminal. Initial consultations are free. Representation is available in both English and Farsi.
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The information on this page is for general informational purposes and does not constitute legal advice. Processing times and procedures reflect USCIS data and may change. Every case is unique; outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship.