How to Get a Green Card Through Marriage in Florida: A Complete Guide

Jimmy Almeyda

Immigration & Family Law Attorney | NY Bar Admitted

Published May 23, 2026 · 10 min read

Immigration

Getting a green card through marriage in Florida is one of the most common pathways to permanent residency in the United States. If you are married to a U.S. citizen or lawful permanent resident and live in or near Miami, this guide walks you through the entire process—from filing the initial petition to attending your green card interview at the local USCIS field office.

At Almeyda Law, P.A., we have helped hundreds of couples in South Florida navigate the marriage-based green card process. With over 15 years of experience in immigration law, we understand the unique challenges that families face and the importance of getting it right the first time.

Who Is Eligible for a Marriage Green Card?

To obtain a green card through marriage, you must meet several requirements:

• Valid marriage: Your marriage must be legally valid in the jurisdiction where it took place. Florida recognizes marriages performed in other states and countries.
• Bona fide relationship: USCIS must be convinced that your marriage is genuine and not entered into primarily for immigration benefits.
• Eligible petitioner: Your spouse must be either a U.S. citizen or a lawful permanent resident (green card holder).
• Admissibility: The foreign-born spouse must be admissible to the United States, meaning no criminal bars, prior immigration violations, or other grounds of inadmissibility apply (or a waiver is available).

An important distinction: if your spouse is a U.S. citizen, you are classified as an “immediate relative,” which means there is no waiting period for a visa number. If your spouse is a green card holder, you fall under the F2A preference category, which may involve longer wait times depending on current visa bulletin dates.

The Step-by-Step Process

The marriage-based green card process in Florida generally follows these steps:

Step 1: Gather Your Documents

Before filing anything, collect the following key documents:

• Marriage certificate (certified copy)
• Proof of U.S. citizenship or permanent residence of the petitioning spouse (birth certificate, passport, naturalization certificate, or green card)
• Passport-style photos for both spouses
• Evidence of bona fide marriage (joint bank accounts, lease agreements, utility bills, photos together, affidavits from friends and family)
• Birth certificates for both spouses
• Divorce decrees or death certificates from any prior marriages
• Financial documents for the Affidavit of Support (tax returns, W-2s, pay stubs)

Step 2: File the I-130 Petition

The process begins when the U.S. citizen or permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS. This form establishes the qualifying family relationship.

Step 3: File for Adjustment of Status or Consular Processing

Depending on the foreign spouse’s immigration status, they will either apply for adjustment of status within the U.S. or attend an interview at a U.S. consulate abroad.

Step 4: Attend the Biometrics Appointment

USCIS will schedule a biometrics appointment at the nearest Application Support Center (ASC). In South Florida, this is typically at the USCIS Miami Field Office or the Hialeah office.

Step 5: Attend the Green Card Interview

Both spouses must attend an interview at the USCIS field office. For Florida residents, this typically takes place at the USCIS Miami Field Office at 8801 NW 7th Avenue.

Step 6: Receive Your Green Card

If approved, the green card is mailed to your address. If your marriage was less than two years old at the time of approval, you receive a conditional green card valid for two years.

Filing the I-130 Petition

The I-130 is the foundation of the marriage-based green card case. Key points to remember:

• Filing fee: The current USCIS filing fee for the I-130 is $535 (as of 2026). Check USCIS.gov for the most current fee schedule.
• Concurrent filing: If the foreign spouse is already in the U.S. with valid status and the petitioner is a U.S. citizen, the I-130 and I-485 (Adjustment of Status) can often be filed simultaneously, saving months of processing time.
• Evidence of relationship: Include as much evidence as possible showing the marriage is genuine. Quality matters more than quantity—a few strong pieces of evidence are better than a stack of weak ones.

Adjustment of Status vs. Consular Processing

There are two pathways to get your green card after the I-130 is approved:

Adjustment of Status (Form I-485)

If the foreign spouse is already in the United States with lawful status (or is the spouse of a U.S. citizen who entered legally), they can generally file Form I-485 to adjust their status to permanent resident without leaving the country.

Benefits of adjustment of status:

• No need to travel abroad for an interview
• Can apply for work authorization (EAD) and travel document (Advance Parole) while the case is pending
• Interview conducted at local USCIS office in Miami

Consular Processing

If the foreign spouse is outside the United States, they will go through consular processing. After the I-130 is approved, the case is transferred to the National Visa Center (NVC), which then forwards it to the appropriate U.S. embassy or consulate abroad.

The Green Card Interview in Miami

The green card interview is often the most stressful part of the process for couples, but proper preparation makes a significant difference. Here is what to expect at the USCIS Miami office:

• Both spouses must attend together
• Bring originals of all documents previously submitted as copies
• Bring updated evidence of your relationship (recent photos, new joint accounts, etc.)
• Be prepared for questions about how you met, your daily life together, and your plans for the future
• The officer may interview you together or separately

Pro tip from our experience: Be honest and consistent. Officers are trained to detect inconsistencies. If you and your spouse have a genuine relationship, the interview should go smoothly.

Conditional vs. Permanent Green Cards

If your marriage is less than two years old when your green card is approved, you will receive a conditional green card valid for two years. Before the conditional card expires, you must file Form I-751, Petition to Remove Conditions on Residence.

You must file the I-751 within the 90-day window before your conditional green card expires. Missing this deadline can result in loss of your permanent resident status.

If your marriage is more than two years old at the time of approval, you receive a standard 10-year green card.

Current Processing Times in Florida

Processing times vary, but here are approximate timelines for marriage-based green card cases filed in the Miami area (as of early 2026):

• I-130 alone: 12–18 months
• I-130 + I-485 (concurrent): 12–24 months from filing to green card
• EAD/Advance Parole (I-765/I-131): 3–8 months from filing
• Consular processing (after I-130 approval): 4–12 months additional

These timelines are estimates and can change. Check USCIS processing times for current estimates based on your local field office.

Common Mistakes to Avoid

After handling hundreds of marriage-based green card cases, here are the most common mistakes we see:

1. Insufficient evidence of bona fide marriage: Do not assume that a marriage certificate alone is enough. USCIS wants to see that you live together, share finances, and have a genuine life together.
2. Incomplete forms: Even minor errors or blank fields can result in a Request for Evidence (RFE) or outright denial, adding months to your case.
3. Missing the I-751 deadline: If you have a conditional green card, mark your calendar 90 days before it expires and file the I-751 on time.
4. Not disclosing prior immigration issues: If you or your spouse have had prior visa denials, overstays, or other immigration problems, these must be disclosed. Failure to disclose can be considered misrepresentation.
5. Filing without legal representation: While it is possible to file on your own, the marriage-based green card process has many nuances. An experienced immigration attorney can help you avoid costly mistakes.

Why Work with Almeyda Law?

At Almeyda Law, P.A., Attorney Jimmy Almeyda brings over 15 years of immigration law experience and a personal understanding of the immigrant experience. Born and raised in Miami as the son of Cuban refugees, Jimmy is deeply committed to helping families stay together.

Our firm provides:

• Personalized attention to every case—you work directly with your attorney, not a paralegal
• Bilingual services in English, Spanish, and Portuguese
• Transparent pricing with no hidden fees
• A track record of successful outcomes for couples throughout South Florida