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Marriage to a U.S. Citizen or a Green Card Holder – How Does It Affect Your Immigration Process?

Today, August 18, is National Couple’s Day – a perfect opportunity to talk about love and immigration. Let’s break it down:

What’s the same in both paths?

  • In both cases, your spouse can file a family-based petition for you (Form I-130).
  • In both cases, at the end of the process, you may be eligible for a
  • Green Card and the right to live together in the U.S.
  • In both cases, if abuse occurs within the marriage, there is the possibility to apply for a Green Card through VAWA.

What are the differences?

Petitions filed by U.S. citizens are approved much faster – sometimes within days – compared to petitions filed by Green Card holders, which may take years.

When married to a U.S. citizen, you can file for the Green Card together with a work permit and advance parole (travel permit), at the same time as the I-130. When married to a Green Card holder, you must wait until your “priority date” becomes current.

If your spouse is a U.S. citizen, you are allowed to remain lawfully in the U.S. while waiting for approval. If your spouse is only a Green Card holder, the pending petition does not give you legal status during the waiting period.

If you had unlawful presence before marriage, marriage to a U.S. citizen still allows you to apply from within the U.S. Marriage to a Green Card holder does not.

If you entered the U.S. on ESTA, you can apply for a Green Card if your spouse is a U.S. citizen, but not if your spouse is only a Green Card holder.

Love may cross borders and continents, but immigration law determines the path you’ll take to cross them.

Attorney Hila Kaplan

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Client Testimonials

"Hila guided me through the entire E-2 visa process with patience and expertise. From the business plan to the final approval, she made sure every detail was covered. Thanks to her, I was able to move to the U.S. and start running my business smoothly. I couldn't have done it without her support."

Testimonial by Yaron S., Tel Aviv, Israel – E-2 Visa

"Going through the VAWA process was one of the most difficult times in my life, but Hila made me feel supported and protected. She handled my case with professionalism and compassion, and because of her, I was able to get my green card and start over with confidence. I will always be grateful."

Testimonial by Dana M., Miami, FL – VAWA

"I wanted to join my wife in the U.S., and the green card process seemed overwhelming. Hila explained every step clearly and took care of all the paperwork. Thanks to her, our family is now together in the U.S., and the process went much faster than I expected."

Testimonial by Itay S., Ramat Gan, Israel – Family-Based Green Card

"As an Israeli entrepreneur expanding to the U.S., I needed someone who truly understands E-1 visas. Hila was amazing - she was knowledgeable, responsive, and always available to answer my questions. Because of her hard work, my E-1 visa was approved, and my business is now thriving in New York."

Testimonial by Amit Ben-David, Long Island, NY – E-1 Visa

"My wife and I filed for my green card through marriage, and Hila handled the adjustment of status process perfectly. She prepared us for the interview, helped us gather all the right documents, and everything went smoothly. We felt so reassured having her on our side."

Testimonial by Noam M., Las Vegas, NV

"Attorney Kaplan helped me through the toughest time of my life. Her patience, knowledge, and dedication brought my family back together. Forever grateful."