Law Office of Shelle-Ann Simon, PLLC
Law Office of Shelle-Ann Simon, PLLC
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Email Us NowMarriage immigration attorney in Houston: we find your path to a green card
Every case is different. We evaluate yours and tell you exactly what to do next
Is your spouse here with you or abroad? Did they enter with a visa or without documents? Do they have any prior immigration issues? Each answer completely changes the strategy for your case. And choosing the wrong path can cost you months of delay or a denial.
Our marriage immigration attorney in Houston analyzes all of that before filing a single form. As a marriage immigration lawyer who works with Caribbean and Latino families, we know these cases inside out. We tell you exactly what applies to your situation and how to move forward.
Your path to a marriage-based green card depends on your situation: this is the first thing we evaluate
If your spouse is in the U.S., the most direct path is adjustment of status. If they are abroad, it is consular processing. And if you entered on a K-1 visa, the next step has its own particularities. Each situation requires a different strategy, which is why the first thing we do is understand yours.
If your spouse is already in the United States: adjustment of status
Adjustment of status allows you to apply for a green card without your spouse having to leave the country. Form I-130 and Form I-485 can be filed at the same time with USCIS, which speeds up the process. While the case is pending, your spouse can apply for a work permit (I-765) and advance parole (I-131) to avoid being stuck while waiting.
To qualify, your spouse must have been inspected and admitted or have parole upon entry. If they entered another way, there may be obstacles. But in many cases there are solutions available, including waivers that allow you to request an exception. That is the first thing we analyze before recommending any action.
This is the most common path for families already together in Houston who want to resolve their immigration situation without being separated.
If your spouse is outside the United States: consular processing
- Filing Form I-130 with USCIS
- Transfer of the case to the National Visa Center (NVC)
- Filing Form DS-260 and supporting documents
- Medical examination with an embassy-authorized doctor
- Consular interview in your spouse's country
- Entry to the U.S. as a permanent resident with a CR1 or IR1 visa
For spouses of U.S. citizens, visas are unlimited and there is no waiting list. The processing time depends on the specific consulate and on having the file complete from the start. A missing document at the NVC can delay everything by several months.
For more details about this path, visit our page on the CR1 spouse visa. If you prefer your spouse to come while the I-130 is pending, the K-3 visa may be an alternative.
Already married after entering on a K-1 visa?
If you entered on a K-1 visa and married within the 90-day period, the next step is adjustment of status with its own specific requirements. If you did not marry within the deadline, the situation changes. We evaluate that in the consultation.
Does your marriage qualify for a green card? This is what we review
Not all marriage immigration cases are the same. The first thing we evaluate is which category your marriage falls into, because that determines the timelines and available options.
Spouse of a U.S. citizen
Spouse of a lawful permanent resident
Your case falls under the F2A preference category. Visas are available but with possible wait times depending on the monthly Visa Bulletin. The process is similar to that of a citizen’s spouse, but the timeline may be different. We analyze this in your consultation.
If there are complications in your immigration history
Entries without documents, overstays, prior deportations, criminal records. None of that automatically closes the door. But it does change the strategy completely.
For many of these cases, inadmissibility waivers are available: Form I-601 allows you to request an exception for grounds of inadmissibility, and Form I-212 applies when there was a prior deportation. Each waiver has its own requirements and approval standards.
Do not assume your case has no solution. Many families come to our office convinced there are no options, and after analyzing the details we find a viable path. That is exactly what we evaluate first.
How our marriage immigration attorney in Houston protects your case
- Bona fide marriage evidence: we build the file so the USCIS or consulate interview is not an obstacle. Specific, well-organized documentation that proves your relationship is real.
- Inadmissibility and waivers: we identify grounds before filing and manage I-601 and I-212 waivers when applicable. Having the officer find them first is exactly what we want to avoid.
- Work permit and advance parole: we file I-765 and I-131 so your spouse can work and travel while the case is pending, without affecting the I-485.
- Interview preparation: we prepare you for the questions USCIS or the consulate will ask. There should be no surprises on the day of the appointment.
- We know our community: we work with Jamaican, Caribbean, and Latino families in Houston. We know the patterns, the challenges, and the solutions that work for these cases.
You are not just a case file. You are a family that wants to stay together.
How we handle your case: from the first consultation to green card approval
- 1. Confidential consultation: we evaluate your path (adjustment of status or consular), identify risks, and tell you what to expect before you file anything.
- 2. Case preparation: we gather documentation, build the complete file, and prepare every form to avoid Requests for Evidence (RFEs).
- 3. Filing: I-130 and I-485 if applicable, work permit and advance parole if needed. Everything coordinated so nothing falls behind.
- 4. Interview preparation: we walk you through the questions they will ask and how to respond with clarity and confidence.
- 5. Follow-up through approval: we stay with you at every stage until you hold your green card.
What most people ask before hiring a marriage immigration attorney in Houston
What is the difference between adjustment of status and consular processing?
Adjustment of status is for those already in the U.S. who meet certain entry requirements. Your spouse does not have to leave the country. Consular processing is for those abroad: they enter directly as a permanent resident after the consulate interview. Which one applies depends on where your spouse is and how they entered the U.S.
My spouse is in the U.S. — can they apply for a green card without leaving?
In most adjustment of status cases, yes. The main requirement is that they were inspected and admitted or have parole. If they entered another way, we need to evaluate whether an exception applies before filing Form I-485. In some cases, section 245(i) allows adjustment of status even with irregular entries, but it depends on very specific circumstances. We analyze this in the consultation.
How do we prove our marriage is genuine to USCIS?
USCIS looks for evidence that the relationship is real and ongoing. This includes photographs together over time, communications such as messages and calls, shared documents like a joint bank account, lease agreement or insurance policy, and sworn declarations from people who know you as a couple.
It is not about having everything, but about presenting a coherent file that tells the story of the relationship clearly. We guide you on what to gather, how to organize it, and which documents carry the most weight for your specific case.
What if my spouse entered without documents or has a prior deportation order?
It is not automatically a closed case. Depending on when it happened and what other circumstances exist, inadmissibility waivers may be available. This is one of the scenarios we analyze in the initial consultation before recommending any course of action.
Can I work while waiting for the marriage green card to be approved?
If you are in the adjustment of status process, you can apply for an Employment Authorization Document (EAD) through Form I-765. It is filed along with the I-485 or while it is pending. We monitor this throughout your case.
How long does the marriage immigration process take in 2026?
It depends on the path. Adjustment of status for a citizen’s spouse takes between 12 and 24 months depending on the USCIS office. Consular processing varies by consulate and country. We give you a realistic timeline based on your situation during the consultation.
What is conditional residency and when do you need to remove the conditions?
If you have been married for less than 2 years when the green card is approved, your spouse receives 2-year conditional residency. Before that period expires, you must file Form I-751. If it is not filed on time, the residency can be terminated.
What happens at the USCIS marriage interview?
USCIS asks questions about the relationship: how you met, your daily life, details about the home. The goal is to verify that the marriage is genuine. We prepare you for that — there should be no questions that catch you off guard.
What happens if we divorce while the immigration process is ongoing?
If the marriage ends before the green card is approved, the petition generally cannot continue. If conditional residency already exists, the divorce complicates the I-751 but does not make it impossible in all cases. It requires case-specific analysis.
Do I need a lawyer or can I file the forms on my own?
Technically you can file on your own. But marriage cases have many variables: documentation errors, interviews, potential admissibility issues. One mistake can cost you months of delay or a denial. Working with an immigration and marriage lawyer is an investment in getting the case right from the start.
IN-DEPTH NO OBLIGATION CASE EVALUATION
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