Marriage Green Card 2026: Who Can Apply, Who Can File, and How Status, Location, and Admissibility Shape Your Case

By Richard T. Herman, Immigration Attorney – Herman Legal Group

Quick Answer (Who Can File, Who Can Benefit)

A marriage-based green card is only available when:

1. The petitioner is a U.S. citizen or lawful permanent resident (green card holder), and
2. The beneficiary spouse is admissible and either:
   • Completes consular processing abroad, or
   • Applies for adjustment of status inside the U.S. using Form I-485.

The key questions are:

• Who is filing the I-130? (U.S. citizen vs. green card holder) (USCIS)
• Where is the foreign spouse? (inside the U.S. vs. abroad) (USCIS)
• How did the spouse enter? (lawfully with an I-94 vs. entry without inspection) (I94)
• Are there admissibility issues? (misrepresentation, crimes, unlawful presence, health, public charge) (Travel)

This guide walks through all major scenarios in 2026, with extra focus on Ohio couples and the tougher environment under Trump–Vance and Project 2025.

Fast Facts (2026 Snapshot)

• Only U.S. citizens and green card holders can file Form I-130, Petition for Alien Relative for a spouse. (USCIS)
• U.S. citizen spouses are in the Immediate Relative category – no visa waitlist, but processing is slower than pre-2020 due to backlogs and fraud screening. (USCIS)
• Green card holders file under the F2A category and must track the Visa Bulletin for visa availability. (Travel)
• Spouses inside the U.S. may adjust status with Form I-485 if they entered lawfully and meet other requirements. (USCIS)
• Spouses who entered unlawfully usually must leave the U.S. and consular process with a waiver under Form I-601 or Form I-601A. (USCIS)
• In 2025–26, USCIS has warned that being “in process” for a marriage green card does NOT shield you from deportation if you have no status. (Diario AS)
• Since late 2024, USCIS expects many applicants to file Form I-693 medical exam with their I-485, and a 2025 change tied the I-693’s validity to the pending I-485. (USCIS)
• Ohio field offices (Cleveland, Columbus, Cincinnati) have different timelines and cultures, so local experience matters. (Herman Legal Group)

For deeper background on marriage green cards, Herman Legal Group already has foundational guides like Green Card Through Marriage: Everything You Need to Know and the Marriage-Based Green Card Guide. (Herman Legal Group)

1. Who Can File the I-130? (Petitioner Rules)

1.1 U.S. Citizens

A U.S. citizen (by birth or naturalization) can file Form I-130 for a foreign-national spouse at any time. They fall into the Immediate Relative category, which does not depend on visa number quotas. (USCIS)

Key advantages in 2026:

• No Visa Bulletin wait for a number
• Spouse inside the U.S. can often adjust status even if they overstayed or worked without authorization, as long as they were admitted or paroled at least once. (USCIS)
• Stronger equities if enforcement is tightening.

Key USCIS rule:

Immediate relatives of U.S. citizens can adjust status even if they have overstayed, as long as they were inspected and admitted or paroled. (USCIS)

HLG resource to link here:

• Green Card Through Marriage: Everything You Need to Know – step-by-step walkthrough for U.S. citizens sponsoring spouses. (Herman Legal Group)

1.2 Lawful Permanent Residents (Green Card Holders)

Lawful permanent residents can also file I-130s for their spouses under the F2A category. (USCIS)

Key differences vs. U.S. citizens:

• Case is subject to Visa Bulletin priority dates – the spouse often waits months or years for a number. (Travel)
• A spouse inside the U.S. cannot adjust based on an LPR petition if they are out of status – there is no automatic forgiveness for overstays or unauthorized work like with USC petitioners. (USCIS)
• Upgrading to U.S. citizen status (naturalization) can sometimes transform a stuck F2A case into an immediate-relative case.

Ohio Insight:

Couples in Cleveland, Columbus, and Cincinnati frequently pause or time their filings so the LPR spouse can naturalize before or during the I-130 process, especially in high-backlog years. HLG’s Ohio Marriage-Based Green Card Guide walks through how this plays out in local field offices. (Herman Legal Group)

Who Can Benefit? (Beneficiary Rules)

Once we know who can file, we look at who can benefit:

1. Where is the beneficiary spouse?
   • Outside the U.S. → consular processing
   • Inside the U.S. → potential adjustment of status
2. How did they enter the U.S. (if they’re here now)?
   • Lawful admission or parole (with an I-94 or admission stamp) (I94)
   • Entry without inspection (EWI), border crossing, smuggling, etc.
3. Are they admissible?
   • No disqualifying crimes, misrepresentation, health grounds, or serious immigration violations. 9 FAM 302 sets out key inadmissibility standards used at consulates. (Travel)
4. Can problems be waived through Form I-601 or Form I-601A hardship waivers? (USCIS)

3. If the Spouse Is Abroad: Consular Processing

When the beneficiary lives outside the U.S., the case runs through:

1. USCIS (I-130)
2. National Visa Center (NVC)
3. U.S. consulate or embassy abroad, using Form DS-260 and following the Immigrant Visa for a Spouse (IR1/CR1) instructions. (Travel)

3.1 USC or LPR Petitioner – The Core Pathway

Step 1 – I-130 with USCIS

• Petitioner files Form I-130 package with proof of status and bona fide marriage. (USCIS)
• For deeper document lists, HLG’s Marriage Green Card Documents Guide is helpful. (Herman Legal Group)

Step 2 – NVC Processing
Once approved, NVC collects:

• DS-260 immigrant visa form (Travel)
• Civil documents (birth, marriage, divorce, police certificates) (Travel)
• Form I-864 Affidavit of Support and financial evidence. (USCIS)

Step 3 – Embassy or Consulate Interview

• The consular officer applies the Foreign Affairs Manual (notably 9 FAM 302 on inadmissibility and 9 FAM 601.14-1 on marriage-fraud indicators) to your case. (Travel)
• This is where misrepresentation, unlawful presence bars, and fraud suspicions surface.

Step 4 – Visa Issuance & U.S. Entry

• Spouse enters the U.S. on an immigrant visa and is admitted as a permanent resident.
• Green card mailed shortly after entry.

Timeline Snapshot (Typical 2026):

• USC petitioner: ~11–18 months total
• LPR petitioner: ~20–38+ months (due to Visa Bulletin and NVC queues) (Travel)

Expert Tip:
HLG’s Marriage-Based Green Card Guide already breaks down consular vs. adjustment strategies; for 2026, we build on this foundation by layering in new policy risks and waiver strategies. (Herman Legal Group)

4. If the Spouse Is Inside the U.S.: Adjustment of Status

When the spouse is already in the U.S., the central question is:

Did they enter with inspection or parole, or did they cross unlawfully?

Because adjustment under Form I-485 nearly always requires a lawful admission or parole, proven by an I-94 or admission stamp. (USCIS)

4.1 Category A – Lawful Entry (with I-94) + U.S. Citizen Petitioner

This is the “classic” forgiving category:

• Spouse entered the U.S. legally (tourist, student, work visa, or parole).
• They may have overstayed or worked without authorization.
• If married to a U.S. citizen, they can usually still file:
  • I-130 + I-485 (often concurrently)
  • I-765 (work permit)
  • I-131 (advance parole)

Key USCIS rule:
Immediate relatives of U.S. citizens can adjust even if they overstayed or violated status, as long as they were inspected/admitted or paroled. (USCIS)

Warning:
In 2025, USCIS reminded applicants that incomplete I-485s, especially the public charge section, can lead to delays or denials. (The Times of India)

HLG resources to link here:

• Green Card Through Marriage: Everything You Need To Know – overview of this route. (Herman Legal Group)
• Ohio Marriage-Based Green Card Costs, Timelines & Interviews – local timelines and interview experiences. (Herman Legal Group)

4.2 Category B – Lawful Entry + LPR Petitioner

Here the rules are stricter:

• Spouse entered lawfully and maintained status;
• Petitioner is an LPR;
• Spouse cannot adjust until F2A becomes current in the Visa Bulletin AND they still have valid status at filing. (Travel)

No automatic forgiveness for:

• Overstay
• Unauthorized employment
• Status violations

In practice, many Ohio LPRs either:

• Naturalize to U.S. citizenship first, or
• File I-130 now and adjust strategy later based on movement of the Visa Bulletin.

4.3 Category C – Undocumented Entry (EWI – Entry Without Inspection)

If the spouse came in without inspection (e.g., crossed a land border with no I-94), adjustment inside the U.S. based on marriage is normally blocked, even if they marry a U.S. citizen.

The usual path becomes:

• I-130 approved
• Spouse leaves for consular interview abroad
• 3-/10-year unlawful presence bars triggered upon departure
• Spouse seeks provisional unlawful presence waiver with Form I-601A before departure; or classic waiver with Form I-601 after denial abroad. (USCIS)

Key USCIS rule:
I-601A is for certain relatives of U.S. citizens or LPRs to seek a provisional unlawful presence waiver while in the U.S. before departing for consular processing. (USCIS)

Red Flag Alert:
The waiver can forgive unlawful presence only – NOT misrepresentation, NOT crimes. Other grounds of inadmissibility require separate or additional waivers under Form I-601. (USCIS)

HLG resource:
HLG’s Ohio-focused guide Ohio Marriage-Based Green Card: Costs, Timelines & Interviews specifically addresses waiver strategy for undocumented spouses in the Midwest context. (Herman Legal Group)

5. Admissibility: The Silent Gatekeeper

Even if you qualify procedurally, a green card only issues if the spouse is admissible under U.S. law. Consular officers use 9 FAM 302 and related sections to apply these grounds. (Travel)

5.1 Unlawful Presence

• Accruing more than 180 days or 1 year of unlawful presence can trigger 3- and 10-year bars upon departure.
• These can sometimes be waived through I-601A (inside U.S., provisional) or I-601 (after denial abroad). (USCIS)

5.2 Misrepresentation & Fraud

Examples:

• Entering on a tourist visa planning to marry and stay, then lying to CBP.
• Fake marriage documents or sham marriages.
• False statements on DS-160, DS-260, or previous USCIS filings.

FAM’s marriage fraud indicators (commonly cited via 9 FAM 601.14-1) guide consular officers on what to watch for. (Travel)

If found, a fraud/misrepresentation bar may apply, requiring a hardship waiver under I-601.

5.3 Criminal Issues

Certain convictions (crimes involving moral turpitude, drug offenses, domestic violence, etc.) are inadmissible. Waivers may be possible in limited circumstances via I-601 or under other statutory provisions.

5.4 Health Grounds & Medical Exam (I-693)

All marriage-based green card applicants must complete a medical exam with a USCIS-approved civil surgeon using Form I-693. (USCIS)

• As of Dec. 2, 2024, many applicants must file I-693 with the I-485 rather than waiting for an RFE to avoid automatic rejections. (USCIS)

5.5 Public Charge

USCIS uses Form I-864 and supporting evidence to ensure the petitioner can financially support the immigrant. (USCIS)

HLG’s Public Charge Rule article (if you keep it live) can be linked here to explain how income, assets, debts, and insurance combine under newer interpretations.

6. Policy Climate: Trump–Vance, Project 2025, and Marriage Cases

While the statutory law governing marriage-based immigration has not been rewritten from scratch, the way it is enforced changes under each administration.

Recent trends under Trump–Vance and Project 2025–aligned priorities:

• More referrals to ICE from USCIS when marriage cases look fraudulent or when undocumented applicants appear at interviews. (Diario AS)
• Increased emphasis on detecting “frivolous” or “sham” family petitions. (Diario AS)
• Higher use of “hold” procedures and security checks, especially for applicants from countries flagged in security guidance.
• Expanded use of interview separation, home visits, and social-media review.

Warning:

USCIS has publicly reminded applicants that an I-130 or I-485 filing does not grant deportation protection; ICE can still initiate removal proceedings against those without lawful status, even if married to U.S. citizens and “mid-process.” (Diario AS)

7. Ohio Field Offices: Local Realities

HLG’s Ohio Marriage-Based Green Card guide already dives into local patterns, but for this 2026 mega-guide, summarize: (Herman Legal Group)

7.1 Cleveland Field Office

• Often cited by Ohio attorneys as the strictest on fraud concerns.
• Higher frequency of separated spouse interviews and follow-up RFEs.
• Typical 2026 range: 9–15 months for marriage-based adjustments (but check USCIS Processing Times tool for current data). (USCIS)

7.2 Columbus Field Office

• Moderate difficulty level.
• 8–13-month range for straightforward cases.

7.3 Cincinnati Field Office

• Sometimes faster on paper, but with occasional lengthy security holds.
• 10–16-month range in current practice.

Ohio Insight:

Because these offices share information and sometimes take cues from highly publicized fraud cases or enforcement “blitzes” in Chicago, Detroit, or nationwide, Ohio couples benefit from representation by a firm that tracks these patterns in real time.

8. Red Flags & Evidence Strategy in 2026

8.1 Red Flags That Trigger Scrutiny

• Large age difference with minimal explanation
• Very short courtship; marriage soon after first in-person meeting
• No shared language between spouses
• Long-term physical separation with no compelling reason
• Lack of joint financial life (no joint lease, bank, tax returns, kids, etc.)
• Multiple prior immigration filings or prior suspicious marriages
• Criminal or immigration history (prior deportations, false claims, smuggling)
• Social media that contradicts claimed relationship

Consular officers are trained using marriage-fraud indicators in the FAM; linking to 9 FAM 601.14-1 via your “How to Get a Marriage Green Card” guide reinforces your authority on this. (Herman Legal Group)

8.2 Building Strong Evidence

HLG’s Marriage Green Card Documents Guide is ideal for a section that lists:

• Civil documents (marriage, divorces, births)
• Proof of legal status/admission (I-94, visas, stamps)
• Joint financial evidence (tax returns, leases, bank statements, insurance)
• Photos, travel tickets, messages, call logs
• Letters from family/friends, religious institutions, landlords

(Herman Legal Group)

9. Same-Sex Couples & LGBTQ+ Issues

Same-sex and LGBTQ+ couples are fully eligible under U.S. law so long as:

• The marriage is legally valid where celebrated.
• Relationship is bona fide and well-documented.

Additional complexities:

• Safety concerns and lack of recognition in the spouse’s home country.
• Harder to gather traditional “public” relationship evidence.

See Marriage-Based Green Card Guide and mention that Herman Legal Group welcomes LGBTQ+ couples and has experience navigating consular risks. (Herman Legal Group)

10. Conditional Residence & Removing Conditions (I-751)

If the marriage is less than 2 years old on the day the green card is approved, the spouse gets a 2-year conditional green card (CR-1) and must file:

• Form I-751, Petition to Remove Conditions on Residence (not yet linked above; you can add an HLG I-751 article later).

This step is a second marriage audit years later; it’s important to tell readers:

• Continue building joint evidence after green card.
• Keep copies of tax returns, leases, mortgages, joint bills, school records for kids, etc.

Pair it with your existing marriage-green-card content and, if you have or plan to create it, an HLG I-751 guide.

11. The Adam Walsh Act: The Most Overlooked Marriage-Based Green Card Trap

Key USCIS rule:

Under the Adam Walsh Child Protection and Safety Act, a U.S. citizen or LPR with a “specified offense against a minor” cannot file an I-130 for a spouse unless they prove they pose “no risk” to the beneficiary or her children. This is one of the hardest burdens in U.S. immigration law.

What counts as a “specified offense against a minor”?

These typically include (but aren’t limited to):

• Sexual offenses against anyone under 18
• Kidnapping or unlawful restraint of a minor
• Solicitation/minor enticement
• Use of a minor in sexual imagery
• Attempted offenses or conspiracies
• Certain domestic violence crimes involving minors

Even old, decades-past convictions can trigger this bar.

Why This Matters in 2026

• USCIS applies Adam Walsh screening before even reviewing the I-130 marriage evidence.
• Even dismissed, reduced, or expunged cases may still raise concerns.
• The “no risk” standard is extraordinarily high — far above typical immigration standards.

Quote from Attorney Richard Herman

“These cases require precision, compassion, and a full understanding of how USCIS evaluates risk. We fight for every piece of evidence that proves our client is a safe, loving spouse and parent.”

How to Strengthen an Adam Walsh Case

• Psychological evaluations
• Sex-offender risk assessments from board-certified specialists
• Criminal sentencing records
• Completion of treatment or rehabilitation programs
• Character letters
• Long-term clean record
• Evidence of stable, healthy relationships

HLG Insight :

Ohio couples facing an Adam Walsh trigger benefit tremendously from HLG’s multidisciplinary network of mental-health evaluators, mitigation experts, counselors, and forensic practitioners.

12. High-Risk Marriage Cases: Red Flags & How to Overcome Them

USCIS officers follow internal assessment tools (including 9 FAM 601.14-1) to identify “fraud indicators.”

Here are the top high-risk factors, followed by HLG’s strategy to neutralize each one:

1. Large Age Discrepancy

• Why USCIS cares: Officers worry the marriage is transactional.
• How to overcome:
  • Show photos from early relationship
  • Demonstrate shared interests
  • Provide messages, chats, travel history
  • Explain cultural norms if relevant

Richard Herman:

“Age gaps don’t scare us — poorly documented stories do. We help couples tell the full truth of how they met, connected, and built a real life together.”

2. Very Short Courtship

• Why USCIS cares: Quick marriages are correlated with fraud.
• How to overcome:
  • Show intense communication history
  • Dated screenshots, call logs, FaceTime records
  • Clear explanation about the circumstances (military service, religious considerations, family involvement)

3. Little or No Shared Language

• Why USCIS cares: Communication barriers can signal sham marriage.
• How to overcome:
  • Show bilingual tools, translation apps
  • Proof of English classes, language-study efforts
  • Photos and video calls showing how couple communicates

4. U.S. Citizen Petitioner with Criminal History

• Why USCIS cares: Officers want to ensure beneficiary’s safety.
• How to overcome:
  • Provide context for old convictions
  • Show rehabilitation: employment, counseling, family ties
  • Present character letters and evidence of stability
  • Include spouse’s written affirmation of understanding and trust

5. United States Citizen Has Sponsored Prior Spouses

• Why USCIS cares: Higher fraud risk.
• How to overcome:
  • Provide full prior-marriage documentation
  • Explain why relationship ended
  • Provide extensive bona fides for current marriage

6. Minimal Shared Finances or Separate Residences

• Why USCIS cares: Marriage may appear “on paper only.”
• How to overcome:
  • Provide explanations (work, immigration constraints, school)
  • Show joint planning documents (leases, purchases, insurance)
  • Demonstrate cohabitation when possible

7. Significant Cultural, Religious, or Ethnic Differences

• Why USCIS cares: Officers question compatibility.
• How to overcome:
  • Respectful narratives explaining family acceptance
  • Photos from cultural events
  • Joint dining, travel, holidays

13. The Human Side: Stress, Separation & Emotional Toll on Couples

Marriage-based immigration is not just paperwork. It’s one of the most emotionally taxing legal processes a couple can endure.

Common emotional challenges:

• Fear of separation during consular processing
• Anxiety about interviews
• Stress of long uncertainties
• Financial strain (fees, travel, missing work)
• Worries about ICE encounters
• Cultural pressure from families
• Depression or burnout from prolonged backlogs

Quote from Attorney Richard Herman

“For couples, the hardest part isn’t filling out forms — it’s the fear of losing each other.

I’ve sat with families who couldn’t sleep, who cried at every update, who felt like the system was trying to pull them apart.

Our job is not just to prepare the strongest legal case. Our job is to prepare and protect the people behind the case.”

Why this matters in 2026

• Trump–Vance enforcement has made couples fearful.
• ICE has shown willingness to arrest immigrants at routine appointments.
• Social media makes couples feel “watched.”
• Processing times are unpredictable.

HLG Support Model:

• Trauma-informed advocacy
• Communication-based reassurance
• Clear timelines
• Interview preparation that addresses anxiety
• Emergency strategy sessions for high-risk cases

Ohio Couples We See:

• International students in Columbus whose visas expired
• Mixed-status families in Cleveland dealing with ICE pressure
• Cincinnati couples afraid to travel to consular interviews
• Akron couples navigating criminal histories or prior removal orders

14.  BIG FAQ (60 Q & A)

1. Q: Who can file a marriage-based green card petition?
   A: Only U.S. citizens and lawful permanent residents can file Form I-130 for a foreign-national spouse.
2. Q: Which government form starts the marriage green card process?
   A: Form I-130, Petition for Alien Relative, filed with USCIS by the U.S. citizen or green card holder.
3. Q: Does being engaged allow me to file for a green card?
   A: No, you must be legally married; fiancés use K-1 visas, not marriage-based green cards.
4. Q: Is a religious or cultural ceremony enough for USCIS?
   A: Only a legally recognized civil marriage counts; religious ceremonies alone are not sufficient.
5. Q: Can a green card holder file I-130 for a same-sex spouse?
   A: Yes, same-sex marriages are treated the same as opposite-sex marriages if legally valid where celebrated.
6. Q: Can I file for my spouse if I got my green card through marriage to someone else?
   A: Possibly, but you must show the prior marriage was bona fide and not for immigration purposes, and timing can be scrutinized.
7. Q: Do we need to be married for a certain amount of time before applying?
   A: No minimum duration; you can file immediately after a valid civil marriage.
8. Q: My spouse is abroad; can I still file I-130 from inside the U.S.?
   A: Yes, the U.S. petitioner files with USCIS; the spouse later consular processes abroad.
9. Q: My spouse is abroad and I’m a green card holder; is the process different?
   A: Yes, your spouse is in the F2A category and must track the Visa Bulletin for a visa number.
10. Q: What if I become a U.S. citizen during my spouse’s F2A case?
    A: You can often upgrade the petition so your spouse becomes an Immediate Relative with no quota limit.
11. Q: What is adjustment of status in a marriage case?
    A: It’s when the spouse already in the U.S. applies for a green card using Form I-485 instead of leaving for consular processing.
12. Q: Does my spouse need to have lawful entry to adjust status?
    A: In most cases, yes; they need proof of admission or parole, such as an I-94.
13. Q: Can a spouse who overstayed their visa still adjust status?
    A: Yes, if married to a U.S. citizen and they had a lawful admission; LPR-based adjustment generally requires no overstay.
14. Q: What if my spouse entered the U.S. without inspection (EWI)?
    A: They usually cannot adjust inside the U.S.; the path is typically consular processing with a provisional unlawful presence waiver.
15. Q: What is Form I-601A?
    A: A provisional unlawful presence waiver filed from inside the U.S. before a consular interview abroad.
16. Q: What is Form I-601?
    A: A waiver to request forgiveness of certain inadmissibility grounds such as unlawful presence, some criminal grounds, or misrepresentation.
17. Q: Does filing I-130 protect my spouse from deportation?
    A: No; USCIS has clarified that pending marriage petitions don’t prevent ICE from starting removal proceedings.
18. Q: Can ICE arrest someone at a USCIS marriage interview?
    A: It is rare but possible, especially for those with serious criminal history or prior removal orders.
19. Q: How long does marriage-based green card processing take in 2026?
    A: Roughly 11–18 months for USC petitions and 20–38+ months for LPR petitions, but it varies by office and country.
20. Q: How do I check processing times for my I-130 or I-485?
    A: Use the USCIS “Check Case Processing Times” tool online.
21. Q: What is concurrent filing?
    A: Filing the I-130 and I-485 together when the spouse is in the U.S., usually in USC cases.
22. Q: Do we both have to attend the marriage interview?
    A: Yes, usually; sometimes officers separate spouses for questioning.
23. Q: What questions are asked at the marriage green card interview?
    A: Background, relationship history, daily life, finances, and sometimes detailed household questions.
24. Q: What if we are nervous and forget something at the interview?
    A: Normal nerves are expected; inconsistencies become a problem if they are major or repeated.
25. Q: What documents should we bring to the interview?
    A: Originals of civil documents, updated joint evidence, IDs, and any documents requested in the interview notice.
26. Q: Can we bring an interpreter to our USCIS interview?
    A: Yes, but they must be competent, present a valid ID, and comply with USCIS interpreter rules.
27. Q: Can we bring our child to the interview?
    A: It’s usually better to arrange childcare unless the notice specifically references the child’s presence.
28. Q: How does criminal history affect marriage-based eligibility?
    A: It may trigger inadmissibility; some crimes can be waived, others cannot.
29. Q: Will a misdemeanor like shoplifting destroy the case?
    A: Not always, but it must be disclosed and evaluated; consult an attorney.
30. Q: What if my spouse has a DUI?
    A: DUIs are carefully reviewed; multiple DUIs and DUIs with injury are serious concerns.
31. Q: What is public charge in a marriage case?
    A: A ground of inadmissibility if USCIS believes the immigrant is likely to become primarily dependent on the government.
32. Q: How does the Affidavit of Support (I-864) work?
    A: The petitioner promises to support the immigrant financially at 125% of the poverty level.
33. Q: What if the petitioner’s income is too low?
    A: A joint sponsor or household sponsor may help meet the income requirement.
34. Q: Do joint sponsors have to be family members?
    A: No; any qualifying U.S. citizen or LPR living in the U.S. can sponsor.
35. Q: How much evidence of our relationship do we need?
    A: Enough to show a real, ongoing shared life: joint finances, cohabitation, photos, communications, and more.
36. Q: Are social media posts relevant to our case?
    A: Yes, officers and consulates sometimes review social media for consistency.
37. Q: Is a large age gap automatically a problem?
    A: No, but it is a red flag that requires strong evidence and a believable relationship history.
38. Q: Does living apart hurt our case?
    A: It can, unless you provide convincing reasons and show continued contact and planning.
39. Q: Does prior divorce make my marriage suspicious?
    A: Not by itself, but officers will want proof the prior marriage ended legally.
40. Q: Do we need to file taxes jointly to prove our marriage?
    A: Joint filings help but are not mandatory; separate filings may be explained.
41. Q: Do we need a lawyer for a straightforward marriage case?
    A: Not legally required, but many couples hire lawyers due to the high stakes and policy climate.
42. Q: Can an attorney attend my USCIS interview?
    A: Yes, you have the right to be represented by counsel at no expense to the government.
43. Q: What if we think our lawyer is unresponsive or unprepared?
    A: You can change lawyers, request your file, and consider rescheduling before the interview.
44. Q: What if our I-130 is denied?
    A: Options may include refiling with better evidence or appealing; strategy depends on the denial reason.
45. Q: What if our I-485 is denied after interview?
    A: You may face removal proceedings; at that point, defenses like cancellation of removal may need exploration.
46. Q: Can we reapply after a denial?
    A: Often yes, but only after fixing the underlying problems.
47. Q: What is a Request for Evidence (RFE)?
    A: A USCIS notice asking for more documents before a decision; you must answer fully and on time.
48. Q: What is a Notice of Intent to Deny (NOID)?
    A: A USCIS letter warning of likely denial unless you rebut their concerns.
49. Q: Can we travel internationally while I-485 is pending?
    A: Only with approved advance parole; unauthorized travel may abandon the application.
50. Q: How long does it take to get a work permit (EAD) through a marriage case?
    A: Often 6–14 months in recent years; times vary with USCIS workload.
51. Q: Can my spouse work before the EAD is approved?
    A: No, unless they still have another valid status that authorizes work.
52. Q: Will our children get green cards through this process too?
    A: Possibly; they may be derivative beneficiaries or need separate petitions depending on their relationship and age.
53. Q: Does a conditional 2-year green card mean less rights?
    A: It’s still lawful permanent residence but requires an I-751 filing to remove conditions.
54. Q: What happens if we separate before filing I-751?
    A: The immigrant may file a waiver-based I-751 if the marriage was bona fide but ended.
55. Q: Can a spouse get a green card after domestic violence in the marriage?
    A: Sometimes through relief like VAWA or other humanitarian options if abuse can be proven.
56. Q: Can my spouse adjust status while in removal proceedings?
    A: Possibly, if eligible; the immigration judge has jurisdiction over the I-485 in that context.
57. Q: Does getting a marriage green card automatically lead to citizenship?
    A: No, but it creates a path; some spouses become eligible for naturalization in 3 years.
58. Q: Will a second Trump term change the law on marriage green cards?
    A: Congress controls major changes; however, enforcement and policy choices may make the process harsher.
59. Q: Should we rush to file before rules tighten further?
    A: In a restrictive environment, many couples choose to file sooner rather than later, after careful screening.
60. Q: How can an Ohio couple choose the right marriage-based green card lawyer?
    A: Look for deep experience with marriage, waivers, and removal defense; local knowledge of Cleveland/Columbus/Cincinnati; and clear communication and responsiveness.
61. Q: How do we schedule a consultation with Herman Legal Group?
    A: You can book online through the firm’s consultation page, choose the city or virtual appointment, and upload basic details about your marriage case.

15. How HLG Compares to Ohio & National Immigration Law Firms

Herman Legal Group (Ohio, National, International)

• 30+ years of practice in family-based immigration
• Deep experience in marriage fraud cases and complex evidence development
• Waiver specialists (I-601, I-601A, hardship evaluations)
• Multilingual staff, including attorneys speaking Arabic, Spanish, Russian, Chinese, Korean, and more
• Strong Ohio footprint: Cleveland, Columbus, Cincinnati, Dayton, Akron, Youngstown
• Known for handling high-complexity marriage + removal cases
• Cleveland Immigration Lawyer
• Columbus Immigration Lawyer
• Cincinnati Immigration Lawyer (Herman Legal Group)

Other Prominent Ohio Immigration Firms

Margaret W. Wong & Associates

• Large statewide presence (Cleveland, Columbus, Cincinnati)
• Strong removal-defense capability

Robert Brown LLC

• Columbus/Cleveland presence
• Focus on employment + family immigration

Sarmiento Immigration Law Firm

• Cleveland-based boutique
• Strong track record with marriage-based cases

National Firms with Immigration Reputation

Fragomen

• International powerhouse
• Primarily corporate immigration

Murthy Law Firm

• Nationally recognized
• Strong USCIS liaison capability

Cyrus D. Mehta & Associates

• New York-based
• High-status litigation and academic immigration analysis

Richard Herman’s Take

“Good immigration lawyers exist everywhere — and we respect them.

What sets HLG apart is our willingness to take the hard marriage cases — the cases with age gaps, prior deportations, criminal convictions, or Adam Walsh flags — and fight for them.

This work is personal to us.”

Key Takeaways

• 🔹 Only U.S. citizens and green card holders can file I-130 for a spouse.
• 🔹 Where the spouse is located — inside or outside the U.S. — changes everything.
• 🔹 Lawful entry is the golden factor for adjustment of status.
• 🔹 Undocumented spouses may need waivers (I-601/I-601A).
• 🔹 Inadmissibility grounds (fraud, crimes, public charge) decide the entire case.
• 🔹 Trump–Vance enforcement means higher risks and scrutiny.
• 🔹 Ohio couples must understand local field-office culture.
• 🔹 HLG takes on high-risk cases many firms decline.
• 🔹 Emotional support matters — and HLG’s approach is person-centered.
• 🔹 Early strategy = higher success rate.

We Can Help

If you are married or engaged and wondering whether you or your spouse can safely and successfully apply for a marriage-based green card in 2026, don’t go it alone.

Schedule a consultation with Richard T. Herman and the Herman Legal Group to map your options, evaluate risks, and build the strongest possible case.

Book online now:
Schedule a Marriage-Based Green Card Consultation (Herman Legal Group)

RESOURCE DIRECTORY

A. Herman Legal Group Articles

• Marriage-Based Green Card: Everything You Need To Know (Herman Legal Group)
• Green Card Through Marriage: Everything You Need To Know (Herman Legal Group)
• Ohio Marriage-Based Green Card: Costs, Timelines & Interviews (Herman Legal Group)
• Marriage Green Card Documents Guide (Herman Legal Group)
• Cleveland Immigration Lawyer (Herman Legal Group)
• Columbus Immigration Lawyer (Herman Legal Group)
• Cincinnati Immigration Lawyer (Herman Legal Group)
• Book a Consultation With Herman Legal Group (Herman Legal Group)

B. U.S. Government Links

• Bring Your Spouse to Live in the U.S. (USCIS)
• Green Card for Immediate Relatives of U.S. Citizens (USCIS)
• Form I-130 – Petition for Alien Relative (USCIS)
• Form I-485 – Application to Register Permanent Residence or Adjust Status (USCIS)
• Form I-864 – Affidavit of Support (USCIS)
• Form I-601 – Waiver of Inadmissibility (USCIS)
• Form I-601A – Provisional Unlawful Presence Waiver (USCIS)
• Form I-693 – Medical Exam and Find a Civil Surgeon (USCIS)
• Form I-94 Information (CBP) (I94)
• Immigrant Visa for a Spouse (IR-1/CR-1) (Travel)
• DS-260 Online Immigrant Visa Form FAQs (Travel)
• Visa Bulletin (Travel)
• USCIS Case Processing Times (USCIS)

C. Media & Research (for cited context)

• Articles on revised I-693 timing and validity, and the requirement to file medicals with I-485. (USCIS)
• Reports noting USCIS’s reminders about properly completing the public-charge section on I-485. (The Times of India)
• Coverage of USCIS guidance clarifying that a pending marriage-based green card does not prevent initiation of removal proceedings. (Diario AS)