U.S. LEGAL Strategy Example

Marriage-Based Green Card - Strategy Example

An elderly man and woman dressed in vintage formal attire, the man in a double-breasted pinstripe suit with a striped tie and pocket square, the woman wearing a textured coat with a large fur collar, gloves, a black hat, and holding a black clutch purse.

Case Study‍

Consuelo is a U.S. citizen living in the United States.
Jacques is a French executive who entered the United States on an L-1 visa to work for the U.S. affiliate of his French employer.

While in the United States, Jacques and Consuelo married and decided to build their long-term life together in the U.S.

Because Consuelo is a U.S. citizen and Jacques is already in the United States after a lawful entry, the couple may be able to pursue a marriage-based green card through adjustment of status.

Jacques was lawfully admitted to the United States.
Consuelo has the right to sponsor him.
Their marriage is real.

But like many marriage-based green card cases, the strength of the case depends on how clearly the filing connects the legal requirements with the facts of their relationship.

The Challenge‍

If Consuelo and Jacques were to proceed without a structured strategy, several issues could arise:

- Jacques entered the United States on an L-1 visa, so the case must clearly document his lawful admission and current immigration posture

- The couple must decide whether to file the I-130 petition and I-485 adjustment application together, and whether to include work authorization and travel document requests

- Their marriage must be documented not only as legally valid, but also as bona fide and entered into in good faith

- If the couple recently married, the evidence of shared life may still be developing and must be presented carefully

- Consuelo must meet the financial sponsorship requirements through Form I-864, or the couple may need to consider a joint sponsor

- Jacques must be screened for admissibility issues, including immigration history, prior visas, travel, employment, medical exam requirements, and civil documentation

- The couple must prepare for a possible USCIS interview where both spouses may be questioned about their relationship, shared life, and future plans

The issue is not whether the couple loves each other.
The issue is whether the case is presented in a way that is organized, credible, and complete under U.S. immigration standards.

The Strategy‍‍

01
Confirming Adjustment of Status Eligibility
We would begin by confirming whether Jacques is eligible to apply for adjustment of status from inside the United States.

We would review:

- His L-1 visa entry and I-94 admission record
- His current immigration status and employment history
- Any prior U.S. visas, entries, exits, or immigration filings
- Whether any admissibility concerns exist
- Whether adjustment of status is preferable to consular processing

This includes:

- Reviewing Jacques’s passport, visa stamp, I-94, L-1 approval notice, and employment documentation
- Confirming that the case is properly positioned for a U.S.-based filing
- Identifying any risks before the application is submitted
02
Structuring the Marriage-Based Filing
Because Consuelo is a U.S. citizen, the case may be structured as a family-based immediate relative petition with an adjustment of status application.

We would prepare a coordinated filing strategy involving:

- Form I-130, Petition for Alien Relative
- Form I-130A, Supplemental Information for Spouse Beneficiary
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-864, Affidavit of Support
- Form I-765, if work authorization is requested
- Form I-131, if advance parole is appropriate
- Form I-693 medical exam, depending on filing strategy and timing

This includes:

- Determining which forms should be filed together
- Organizing the filing so that each part of the case supports the others
- Preparing a legal cover letter explaining the structure of the case
03
Documenting the Bona Fide Marriage
A marriage-based green card case is not approved simply because a couple is legally married. USCIS must be satisfied that the marriage is genuine.

We would help Consuelo and Jacques organize evidence showing their shared life together, including:

- Joint residence or shared living arrangements
- Joint bank accounts or shared finances
- Lease, mortgage, utilities, or household records
- Photos with family and friends
- Travel history and shared experiences
- Insurance, emergency contacts, beneficiary designations, or other family documents
- Messages, correspondence, and records showing the development of the relationship

This includes:

- Identifying the strongest evidence
- Avoiding unnecessary or disorganized documentation
- Presenting the relationship in a clear chronological narrative
04
Preparing the Financial Sponsorship Strategy
Consuelo must generally show that she can financially sponsor Jacques under the affidavit of support rules.

We would review Consuelo’s income, assets, tax returns, employment, and household size to determine whether she meets the required financial threshold.

This includes:

- Reviewing federal tax returns, W-2s, pay stubs, and employment letters
- Determining whether Consuelo’s income is sufficient
- Evaluating whether assets may be needed
- Considering whether a joint sponsor is necessary
- Preparing Form I-864 and supporting evidence

The goal is to avoid a request for evidence based on an incomplete or unclear financial sponsorship package.
05
Managing L-1 Status, Work, and Travel Considerations
Because Jacques entered on an L-1 visa, his existing status must be carefully considered when preparing the adjustment of status strategy.

We would evaluate:

- Whether Jacques should continue working under his L-1 employment authorization
- Whether to request a separate work authorization document as part of the green card filing
- Whether international travel is planned while the case is pending
- Whether advance parole should be requested
- How to avoid unnecessary risk while the adjustment application is pending

This includes:

- Coordinating immigration strategy with Jacques’s employment situation
- Reviewing timing before any travel outside the United States
- Helping the couple understand the practical consequences of a pending adjustment case
06
Preparing the USCIS Interview
If USCIS schedules Consuelo and Jacques for an interview, the couple must be prepared to explain their relationship clearly and honestly.

We would prepare them by reviewing:

- Relationship history
- Marriage timeline
- Shared residence and finances
- Family background
- Daily life together
- Future plans in the United States
- Any facts that may require careful explanation

This includes:

- Conducting interview preparation sessions
- Reviewing the evidence package before the interview
- Identifying potential areas of concern
- Helping the couple answer naturally, accurately, and consistently
Contact
Considering a Marriage-Based Green Card?
A marriage certificate alone is not enough.
The structure, evidence, and timing matter.

Attorney Chahla is here to guide you every step of the way.

Schedule your free consultation today.