Choosing the route
When the foreign spouse is abroad, the case usually goes through consular processing. When the spouse is already in the United States, adjusting status here may be an option, but it depends heavily on the manner of entry and on immigration history. Recent USCIS guidance describes adjustment inside the country as a discretionary benefit and has been applied with more scrutiny, so current practice should be checked before filing. Whether the sponsor is a citizen or a permanent resident also changes the timing, because spouses of permanent residents may have to wait for a visa number. Couples who married while removal proceedings were pending face a heavier burden of proof on the marriage, which should be identified early. Some spouses with past violations may need a waiver, and leaving the country can trigger bars.
Showing a genuine marriage
In every marriage-based visa case the government looks at whether the marriage was entered in good faith rather than for immigration purposes. Evidence that tends to help shows a shared life: a joint lease or mortgage, combined finances, insurance, children's records, and photos and messages over time. Affidavits from people who know you as a couple can add context. Gaps are common and often explainable, such as living apart for work or school, but they should be addressed rather than hidden. Officers may interview spouses together or separately, and consistency between their accounts often matters. Prior marriages need proper divorce records.
What we settle at the outset
We review both spouses' immigration and criminal histories, the manner of entry, and any prior petitions filed by or for either of you. From that we compare the routes and identify any waiver that may be needed. We also look at the sponsor's finances for the affidavit of support and whether a joint sponsor is needed. Interview preparation comes later, but the decisions made now shape it. The first meeting should end with a chosen route and a document list.
