Marriage green cards
Marriage Green Card Lawyer — a Former Immigration Judge for Spouses of Citizens and Residents
A green card through marriage looks simple on paper: a U.S. citizen or permanent resident files a petition for a spouse, and the couple proves the marriage is real. In practice, the category the petitioner falls in, the evidence of the relationship, a prior marriage that was never properly ended or a second interview can decide the case. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, handles green cards for spouses, parents and children of U.S. citizens and for spouses of permanent residents, in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
Most marriage cases are decided by a USCIS officer or a consular officer, not a judge. But a marriage case that goes wrong, through a fraud finding, a denied I-751 or a petition filed while the spouse is already in removal proceedings, often ends up in immigration court, where the judge decides and a Department of Homeland Security (DHS) attorney may oppose it.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that reviews the government's file and takes a position on relief.
That experience shapes how we build a marriage case from the start: we read the record the way an officer, a government attorney and a judge will, look for the gaps and inconsistencies they would find, and fix what can be fixed before anything is filed. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
This page covers green cards through marriage. For petitions for parents, brothers and sisters and adult sons and daughters, and for the broader questions, such as choosing between adjustment of status and consular processing, the unlawful-presence bars and green cards before the immigration judge, see our green card lawyer page. Our guide to marriage and family green cards explains the law in more depth. See also adjustment of status vs. consular processing.
- Spouses of U.S. citizens. The I-130 and I-130A, the green card application and the interview.
- Spouses of permanent residents. Petitions in the F2A category, and what changes when the petitioner becomes a citizen.
- Children and stepchildren in a marriage case. Stepchildren through the marriage, and children close to turning 21.
- Proving a bona fide marriage. Building the evidence and answering requests for evidence. See proving a bona fide marriage.
- Interviews and fraud concerns. Preparation for the interview, separate interviews and notices of intent to deny.
- The affidavit of support. Sponsors, household size and joint sponsors on Form I-864.
- Removing conditions. Joint I-751 petitions and waivers after divorce, abuse or hardship. See conditional residence.
- Widows and widowers of U.S. citizens. Self-petitions and cases that continue after a petitioner's death.
Spouses, parents and children: which category applies
Every family green card starts with Form I-130, Petition for Alien Relative, filed by the U.S. citizen or permanent resident with U.S. Citizenship and Immigration Services (USCIS). Whether the petitioner is a citizen or a resident decides whether the relative waits in line.
Spouses, parents and children of U.S. citizens
The spouse of a U.S. citizen, an unmarried child under 21 of a citizen and the parent of a citizen who is at least 21 are immediate relatives under INA § 201(b)(2)(A)(i) (opens in new tab). There is no annual limit on their visas, so no waiting line once the petition is approved. A child of a citizen who is 21 or older, or who is married, falls into a preference category instead and waits for a visa number.
Spouses of permanent residents
The spouse and the unmarried children under 21 of a permanent resident are in the F2A preference category under INA § 203(a)(2) (opens in new tab). They wait for a visa number in order of their priority date, the day the I-130 was filed, as shown each month in the State Department's Visa Bulletin. See how to read the Visa Bulletin. The spouse's unmarried children under 21 can usually come along on the same petition as derivatives.
When the petitioner becomes a citizen
If the permanent resident petitioner naturalizes, a pending or approved F2A petition for a spouse is converted to an immediate-relative petition, with no new filing, under 8 C.F.R. § 204.2 (opens in new tab). Immediate relatives cannot have derivatives, though, so a child who was only a derivative on the spouse's petition needs a separate petition of their own.
Form I-130, Form I-130A and proving the marriage
For a spouse, the citizen or resident files Form I-130, and the immigrant spouse completes Form I-130A, Supplemental Information for Spouse Beneficiary, with their addresses and employment history. The petitioner proves their own citizenship or permanent residence and that the marriage is legally valid where it took place. Then comes the harder question: whether the marriage is bona fide, entered to build a life together and not to obtain a green card (USCIS Policy Manual, Vol. 6, Part B, ch. 6 (opens in new tab)). Evidence that commonly helps includes:
- A lease or deed in both names, or mail showing both spouses at the same address over time.
- Joint bank accounts, credit cards, tax returns filed as married, and shared bills.
- Health, auto or life insurance naming the other spouse.
- Birth certificates of children born to the couple.
- Photographs over the course of the relationship, with family and friends, not only the wedding.
- Sworn statements from people who know the couple, explaining how they know the marriage is real.
Every prior marriage of either spouse must have been legally ended before the current marriage, by divorce, annulment or death, and the petition must include the proof. A divorce that was never finalized, or a religious divorce the law does not recognize, can make the current marriage invalid for immigration purposes.
When the spouse applies for a green card from inside the United States, our green card (I-485) document checklist lists what the official form instructions ask for.
The interview, and a second interview
Both spouses usually attend the marriage interview at a USCIS field office, or the immigrant spouse attends a consular interview abroad. The officer reviews the forms under oath and asks about the relationship and daily life: how the couple met, the wedding, the home, routines, finances and family.
If the officer doubts the marriage, USCIS may schedule a second interview in which the spouses are questioned separately and their answers compared (USCIS Policy Manual, Vol. 7, Part A, ch. 5 (opens in new tab)). We prepare each spouse, review the file against earlier applications, and bring updated evidence. If USCIS issues a notice of intent to deny, the response is the chance to answer its concerns before a decision.
Marriage fraud: the permanent bar
Under INA § 204(c) (opens in new tab), no later petition can be approved for a person who entered, or attempted or conspired to enter, a marriage to evade the immigration laws, even if a later marriage is genuine. The bar applies on substantial and probative evidence in the record, and USCIS must give the person a chance to rebut it. Knowingly entering a marriage to evade the immigration laws is also a federal crime, punishable by up to five years in prison, a fine, or both under 8 U.S.C. § 1325(c) (opens in new tab). A prior petition that was withdrawn or denied, even long ago, can raise § 204(c), so we review the full history first.
Marrying during removal proceedings
A marriage entered while the immigrant spouse is in removal proceedings is presumed suspect under INA §§ 204(g) and 245(e). The petition cannot be approved unless the spouse lives outside the United States for two years after the marriage, or the couple proves with clear and convincing evidence that the marriage is genuine, the bona fide marriage exception, which should be requested when the I-130 is filed. How the case then moves forward before the judge is explained on our green card lawyer page.
The affidavit of support
Most family-based immigrants must have a Form I-864 affidavit of support, a contract with the government under INA § 213A (opens in new tab). The petitioner must sign it as the sponsor, must be domiciled in the United States, and must show income of at least 125 percent of the federal poverty guidelines for the household size. Household size counts the sponsor, the sponsor's spouse and dependents, the immigrants being sponsored, and anyone the sponsor already sponsored whose obligation has not ended. If the petitioner's income is not enough, assets may count, or a joint sponsor who meets the requirements on their own can sign a second I-864.
The obligation does not end with a divorce. It generally lasts until the immigrant becomes a citizen, can be credited with 40 quarters of work, leaves the United States permanently or dies.
Conditional residence and the I-751
If the marriage was less than two years old on the day the spouse became a permanent resident, the green card is conditional and valid for two years (INA § 216 (opens in new tab)). The couple files Form I-751 together in the 90 days before the card expires.
If the marriage has ended, or the citizen or resident spouse will not sign, the immigrant spouse can file alone and ask for a waiver under 8 C.F.R. § 216.5 (opens in new tab): the marriage was entered in good faith and ended in divorce or annulment, the spouse or child was battered or subjected to extreme cruelty, or removal would cause extreme hardship. Missing the deadline ends conditional residence and can lead to removal proceedings. See conditional residence and the I-751.
If the U.S. citizen spouse dies
A widow or widower of a U.S. citizen remains an immediate relative under INA § 201(b)(2)(A)(i) if the couple was not legally separated at the time of death, and can self-petition on Form I-360 within two years of the death, as long as they do not remarry first. A pending or approved I-130 filed by the citizen before the death is generally treated as the widow or widower's self-petition. Separately, INA § 204(l) can allow some relatives who lived in the United States when the petitioner or principal beneficiary died, and who continue to live here, to go forward with the case; it has its own conditions, including a substitute sponsor for the affidavit of support.
Children, stepchildren and turning 21
A stepchild counts as the citizen's or resident's child if the marriage that created the relationship took place before the child turned 18. A citizen petitioning for a spouse files a separate I-130 for each child, because children cannot be derivatives of an immediate-relative petition.
Turning 21 can move a child out of the immediate-relative category or off a parent's petition. The Child Status Protection Act helps: for a citizen's child, age is fixed on the day the I-130 was filed (INA § 201(f) (opens in new tab)). In the preference categories, the time the petition was pending is subtracted from the child's age when a visa becomes available, and the child must seek to acquire permanent residence within one year (INA § 203(h) (opens in new tab)).
Abuse, and a fiancé or fiancée abroad
A spouse or child abused by a U.S. citizen or permanent resident does not have to depend on the abuser's petition. Under the Violence Against Women Act they can self-petition, confidentially, and an abused conditional resident can file the I-751 alone. See our U visa and VAWA lawyer page.
A U.S. citizen engaged to someone abroad can choose between marrying first and filing an I-130, or filing for a K-1 fiancé(e) visa so the couple marries in the United States within 90 days of entry. See our K-1 fiancé visa lawyer page.
Mistakes that can hurt a marriage case
- Filing with a prior marriage not legally ended. A missing or unfinished divorce can make the current marriage invalid.
- Relying on the marriage certificate alone. A valid certificate does not prove a bona fide marriage.
- Guessing at the interview. A truthful "I am not sure" is far better than a guess that contradicts a spouse.
- A weak affidavit of support. Miscounting household size or skipping a needed joint sponsor delays or derails a case.
- Missing the I-751 window. Conditional residence ends automatically at the two-year mark if nothing is filed.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent you before USCIS or in immigration court.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle cases in the immigration courts of Los Angeles and Southern California and the USCIS offices that serve them:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent clients across the country, before USCIS, U.S. consulates and the immigration courts. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
What is the difference between marrying a U.S. citizen and marrying a permanent resident?
The spouse of a U.S. citizen is an immediate relative, with no annual limit on visas and no waiting line once the petition is approved. The spouse of a permanent resident is in the F2A preference category and must wait for a visa number under the Visa Bulletin before the green card can be issued.
What evidence proves a bona fide marriage?
Evidence that your lives are joined: a lease or deed in both names, joint bank accounts and tax returns, insurance naming each other, children born to the marriage, photographs over time and sworn statements from people who know you. A marriage certificate alone shows the marriage is valid, not that it is genuine.
What happens to my petition if my permanent resident spouse becomes a citizen?
A pending or approved F2A petition for a spouse converts to an immediate-relative petition when the petitioner naturalizes, with no new filing. Children who were only derivatives on the spouse's petition then need separate petitions of their own.
Who can sign the affidavit of support?
The petitioner must always sign Form I-864 as the sponsor and must be domiciled in the United States. If the petitioner's income is below 125 percent of the federal poverty guidelines for the household size, assets may count, or a joint sponsor who qualifies alone can sign a second affidavit.
Why would USCIS interview us separately?
When an officer doubts that a marriage is genuine, USCIS may schedule a second interview and question each spouse alone, then compare the answers.
What if my marriage ends before I remove the conditions on my green card?
You can file Form I-751 alone and ask for a waiver by showing the marriage was entered in good faith and ended in divorce or annulment. Waivers are also available for battery or extreme cruelty, and for extreme hardship if you were removed.
Can I still get a green card if my U.S. citizen spouse died?
Often, yes. A widow or widower who was not legally separated from the citizen at the time of death can self-petition on Form I-360 within two years of the death, as long as they have not remarried. A petition the citizen filed before the death is generally treated as that self-petition.
Can Carlos Maury influence the judge or officer deciding my case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Do you handle marriage green card cases in Los Angeles and Southern California?
Yes. We handle marriage and family green card cases before the USCIS offices that serve Los Angeles and Southern California, and in the immigration courts in Los Angeles, Van Nuys, West LA and Santa Ana, at Adelanto for detained cases, and further south in San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, in the San Fernando Valley, and meetings there are by appointment only.
Do you take cases outside California?
Yes. Immigration law is federal, so we represent clients before USCIS, U.S. consulates and immigration courts in all 50 states. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.
Talk with a former immigration judge about your marriage case
Whether you are about to file, are gathering evidence, face an interview or a notice of intent to deny, or need to remove the conditions on your green card, call to discuss your case. Hablamos español.