San Jose Marriage Immigration Attorney

Green Card Through Marriage

Foreign nationals can apply for a U.S. Green Card through marriage if they are married to a U.S. citizen or U.S. permanent resident and the marriage is genuine, not entered into for immigration purposes. Applicants must comply with all applicable immigration laws and regulations throughout the process.

Why Work With a Marriage Immigration Attorney in San Jose?

Working with a marriage immigration attorney in San Jose gives applicants key advantages when moving through the U.S. immigration system. Local attorneys draw on years of experience with the procedures at USCIS’s San Jose Field Office, providing valuable insight about interview processes and case handling specific to the area. At Verma Law Firm, our attorneys have decades of experience serving Silicon Valley families and individuals, tailoring guidance to the standards expected at the local office. 

We offer support with preparing documentation and interview preparation based on those regional standards, helping clients avoid the common errors that can slow down cases. Clients receive clear communication, practical guidance, and a transparent fee structure designed for families in the Bay Area. Choosing a firm deeply rooted in the local immigrant community means advice is always relevant to the San Jose area and informed by current, real-world experience.

Need assistance with a green card application? Contact us online or call (408) 560-4622!

Common Issues That Can Delay Marriage-Based Green Card Applications

Several issues can delay or complicate a marriage-based green card application. Incomplete or inconsistent documents, or evidence that does not clearly show a bona fide relationship, can prompt USCIS to request more information or schedule a second interview. Travel or employment outside the U.S. during case review can complicate matters, sometimes requiring new filings or waivers. 

For applicants in San Jose and the greater Bay Area, obtaining certified translations or authenticating foreign documents can be challenging, especially when dealing with international agencies. Local marriage immigration attorneys help spot these risks early by reviewing each client’s documentation, clarifying timelines, and explaining local procedures. 

Our approach features early detection of potential issues and hands-on guidance throughout the process, helping each client respond to any requests from USCIS or the National Visa Center. This support helps couples keep their applications moving forward, even when unique situations arise.

Conditional Green Cards & Removing Conditions

Spouses who receive a marriage-based green card within two years of their marriage are granted conditional permanent resident status. These conditional green cards require couples to file a petition to remove conditions before the two-year anniversary of approval. In San Jose, removing conditions often means preparing new documentation and sometimes attending an additional interview at the local USCIS office. 

Couples must present updated evidence—such as joint finances, shared housing, or memberships—to show that their marriage remains genuine. A legal team with a track record in San Jose green card cases can help couples prepare for local procedures and expectations, including the interview style and preferred documentation. Our attorneys provide detailed guidance to help you avoid missed deadlines, incomplete submissions, or overlooked details that could risk approval.

FAQs

How long does the marriage green card process take in San Jose?

On average, it takes 12 to 18 months for the marriage green card process to move from application to approval when both spouses live in the San Jose area. The timeline depends on the case load at the San Jose USCIS office and how promptly couples gather and submit necessary documents.

Will both spouses have to attend an interview at the San Jose USCIS office?

In most cases, both spouses must complete an in-person interview at the local USCIS field office. During the interview, officers review the marriage’s authenticity and ask direct questions about the relationship and application.

Can I work while my marriage-based green card is being processed?

Applicants often request work authorization when they submit their adjustment of status materials. If approved, the employment authorization document allows the immigrant spouse to work before their green card application is finalized.

What documents do I need for a Green Card through marriage? 

Gathering the necessary documents is a critical step in the green card application process. These documents include:

1. Marriage Certificate: A legal, recognized record of the marriage’s validity along with divorce decrees for any previous marriages. 
2. Proof of U.S. Citizenship of the Spouse: This includes a U.S. birth certificate, naturalization certificate, or valid U.S. passport.
3. Proof of Identity for Non-U.S. Citizen Spouse: Typically a valid birth certificate and passport.
4. Substantiation of Bona Fide Marriage: Joint bank statements, leases, mortgages, photos together, and affidavits from close friends or family supporting your relationship’s authenticity.
5. The Affidavit of Support along with supporting documents: This shows that the immigrant spouse will have sufficient financial support in the U.S. from the petitioner or a joint sponsor.

Organizing these materials for your marriage-based green card can prevent delays or requests for additional information from USCIS. Since local procedures sometimes change, applicants in San Jose should double-check requirements with the Santa Clara County Clerk-Recorder’s office for marriage certificates or document authentication. Our team reviews each client’s paperwork to ensure everything matches their specific history, giving you peace of mind about your submission. Clear and consistent supporting evidence can help USCIS quickly confirm a bona fide marriage at every stage of review.

How do I file an Immigration Application if my spouse is living abroad? 

If your spouse lives abroad, the U.S. citizen or permanent resident will file an immigration petition with USCIS. USCIS typically processes the immigration petition in about six months, though timelines can vary.

After this, applicants work with the National Visa Center (NVC) and, finally, the U.S. Consulate in the spouse’s home country. Consular processing requires careful attention to timing, as missing a step or submitting incomplete forms can delay approval. For those based in San Jose or the broader Bay Area, having local access to notary and translation services for international paperwork can simplify the process. Our team stays organized at each stage, offering guidance on both U.S. and foreign requirements to help you reach approval without unnecessary delays.

• Once USCIS approves the petition, it sends the approval notice to the NVC. Couples must file additional forms, such as the Affidavit of Support, at the NVC. The NVC typically takes about three months to review, though timing can change.
• The NVC then forwards the file to the U.S. Consulate abroad.
• The U.S. Consulate will schedule an interview with the foreign spouse and review the application. The timing depends on the specific consulate’s workload and may take six months to a year or more to schedule and complete.
• After your spouse receives immigrant visa approval, they can enter the U.S. within six months of visa issuance. The government mails the actual green card once the spouse enters the country.

What is the process for Adjustment of Status if the foreign spouse is already in the US? 

If the foreign spouse is in the U.S. on a valid visa, such as an F-1 student visa, they can start the Adjustment of Status (AOS) process for a green card while living here by following these steps:

• Adjustment of Status gives spouses already in the U.S. the option to stay with family during the green card process. In San Jose, most marriage green card applicants complete interviews at the local USCIS field office on Capitol Avenue. Interviewing locally increases convenience and makes it easier to use public transit or secure interpretation if needed. The AOS route also allows some applicants to obtain temporary work or travel authorization during review.
• The U.S. citizen spouse may file an immigrant petition at the same time as the AOS application, as well as submit an Affidavit of Support, Application for Employment Authorization, and Application for Travel Document. These filings together make up the "AOS application."
• After submitting the AOS application, USCIS sends a biometrics appointment notice within several weeks so the applicant can complete fingerprinting.
• USCIS may issue Advance Parole (a travel permit) and an Employment Authorization Document after receiving the green card application. Processing varies and may take a few months up to more than six months.
• USCIS sometimes schedules an interview for both spouses or sends a Request for Evidence (RFE) to clarify the marriage’s validity.
• When USCIS approves the AOS application, the government mails the green card. The adjustment of status process in marriage cases currently takes around one year overall, but actual timelines may change.

Get help today! Contact us online or call (408) 560-4622!