Headman Law Group represents Marriage-Based Green Card (IR-1 / CR-1) clients in New York — for finance, media, academia, and the arts. U.S. immigration law is federal, so we guide New York-area clients through the same proven process we use nationwide — most steps handled by video and secure document exchange, with no need to visit an office.
What Is a Marriage-Based Green Card?
A marriage-based green card grants lawful permanent residence to the spouse of a U.S. citizen or lawful permanent resident (LPR). It is one of the most common family-immigration pathways and is built on proving a genuine, good-faith marriage rather than one entered into for immigration purposes.
When the marriage is more than two years old at the time the green card is approved, the spouse receives an IR-1 immigrant visa or status with a 10-year green card. When the marriage is less than two years old, the spouse receives a CR-1 — a conditional, two-year green card that must later be converted to permanent residence by removing the conditions.
Key Benefits of a Marriage-Based Green Card
- Lawful permanent residence and the right to live and work in the U.S.
- Spouses of U.S. citizens are immediate relatives — no visa backlog.
- Path to U.S. citizenship in as little as three years for citizen spouses.
- Travel freedom with a reentry-eligible green card.
- Ability to sponsor certain other family members later.
- Work authorization and travel permission available while adjusting status.
Adjustment of Status vs. Consular Processing
If the foreign spouse is already in the United States in a lawful status, the couple can usually pursue adjustment of status — filing Form I-130 and Form I-485 so the spouse becomes a permanent resident without leaving the country. This route often includes interim work authorization and travel permission.
If the foreign spouse is abroad, the case proceeds through consular processing — Form I-130 with USCIS, then immigrant visa processing at the National Visa Center and a U.S. consulate. We recommend the right route based on where each spouse lives, their immigration history, and timing.
Eligibility Requirements
A marriage-based green card rests on a valid, bona fide marriage and a qualifying sponsor.
Legally Valid Marriage
The marriage must be legally valid where it took place and recognized for immigration purposes.
Bona Fide Relationship
The couple must show the marriage is genuine and not entered into solely to obtain an immigration benefit, supported by documentary evidence.
Qualifying Sponsor
The petitioning spouse must be a U.S. citizen or lawful permanent resident able to file Form I-130 on the beneficiary's behalf.
Financial Support (Affidavit of Support)
The sponsor must meet income requirements and sign Form I-864 to show the immigrant will not become a public charge; a joint sponsor can be used if needed.
Admissibility
The foreign spouse must be admissible to the U.S. or eligible for a waiver of any grounds of inadmissibility that apply.
Marriage Green Card Process
The exact sequence depends on whether you adjust status in the U.S. or process at a consulate abroad.
File the I-130 Petition
The U.S. citizen or LPR spouse files Form I-130 to establish the qualifying relationship, with proof of a bona fide marriage.
Adjustment or Consular Stage
If in the U.S., file Form I-485 (often with EAD and Advance Parole). If abroad, process through the National Visa Center and the immigrant-visa application.
Biometrics & Interview
The foreign spouse attends a biometrics appointment and a green-card interview where the couple confirms the bona fides of the marriage.
Approval & Green Card
Upon approval, the spouse receives a 10-year IR-1 green card, or a 2-year CR-1 conditional card if the marriage is under two years old.
Required Documents
Strong evidence of a bona fide marriage is central. Most cases include the following.
Relationship & Identity
- Marriage certificate
- Both spouses' passports and birth certificates
- Proof of termination of any prior marriages
- Foreign spouse's I-94 and current status documents
Bona Fide Marriage Evidence
- Joint lease, mortgage, or property records
- Joint bank accounts and financial statements
- Joint insurance and beneficiary designations
- Photos together over time and with family
- Travel records and correspondence
Financial Support
- Form I-864 Affidavit of Support
- Sponsor's federal tax returns and W-2s
- Recent pay statements or employment letter
- Joint sponsor documents (if applicable)
Frequently Asked Questions
Marriage-Based Green Card (IR-1 / CR-1) help in New York?
Free 20-minute strategy call with an attorney.