At the Law Offices of Hayoon Kane, we understand that navigating the U.S. marriage-based green card process can be daunting. Attorney Hayoon Kane has personally conducted over 1,000 immigration consultations over the past four years, maintaining a client satisfaction rate of 98.7% and a 100% success rate in green card representation. Our team is committed to helping you secure your green card as efficiently and effectively as possible.
But before you begin the process, we encourage you to read this article in full.
Common Concerns from Clients Considering a Marriage-Based Green Card
Many couples come to us with important questions, such as:
- “I’m planning to marry a U.S. citizen or permanent resident. I thought it would be simple, but now I realize I need professional guidance.”
- “We tried to handle the process ourselves, but received a request for additional documentation from USCIS or the National Visa Center. I’m now worried about potential denial.”
- “We’re currently living apart due to personal circumstances or frequent relocations for work. Will this negatively affect our application?”
- “I’m currently finalizing a divorce with a previous spouse. Is it still possible to move forward with a new marriage petition?”
- “I’m in the U.S. on a student visa. Is it okay to begin the marriage green card process right away?”
- “I’ve been married to a U.S. citizen for less than two years but am now going through a divorce. I still need a green card—what are my options?”
- “Due to personal reasons, I’ve overstayed my visa or have a minor criminal record. Can I still apply for a green card through marriage?”
Is the Marriage-Based Green Card the Easiest Path?
While a marriage-based green card (also known as a spousal petition) may seem more straightforward compared to other immigration options—such as EB-2/NIW petitions that require advanced degrees—it is not without complexity. The eligibility requirement for a marriage petition is, on the surface, simply the existence of a bona fide marital relationship. However, in practice, proving that the marriage is genuine is not always easy.
The Two Key Concerns of USCIS in Marriage Cases
U.S. immigration authorities will examine two central issues:
- Is the marriage authentic, or was it entered into solely for immigration purposes?
- Does the foreign spouse present any risk to U.S. society or public welfare?
Because of the subjective nature of these assessments, it is critical that applicants provide thorough, compelling, and well-organized documentation to support their case.
Why DIY Applications Often Lead to Denial
Some couples attempt to save on legal fees by navigating the process on their own, often by researching online. While this may work for some, many others find themselves overwhelmed by complex requirements or issued requests for evidence (RFEs). Worse, poorly prepared applications can lead to denials.
In fact, nearly 50% of spousal petitions were denied in 2010. We have encountered cases where couples prepared hundreds of pages of documents, only to be denied because the content lacked the necessary evidence—or included irrelevant information. These outcomes are often preventable with professional legal support.
What Happens If Your Application Is Denied?
If your initial application is denied, you may have the option to reapply—but not always. Some denials can escalate to removal (deportation) proceedings, particularly if fraud or misrepresentation is suspected. Every rejection increases the scrutiny on future filings and makes the process more difficult and expensive.
What’s especially unfortunate is that many of these cases could have been approved had they been properly handled from the beginning with the guidance of an experienced immigration attorney.
Let Us Help You Get It Right the First Time
At the Law Offices of Hayoon Kane, we’re here to help you avoid these risks. We understand that every couple’s situation is unique, and we’re committed to providing tailored legal strategies that meet your needs.
If you are preparing to marry—or have recently married—a U.S. citizen or permanent resident and are considering applying for a marriage-based green card, we encourage you to reach out. Let us help you take the next step toward securing your future in the United States with confidence and peace of mind.
Why So Many Choose Hayoon Kane Law for Marriage-Based Green Cards
While some individuals are fortunate to secure their marriage-based green cards efficiently, many others face increased costs and delays—often due to a lack of proper legal guidance from the start. In fact, we frequently see clients who end up spending twice as much time and money correcting early missteps that could have been avoided with experienced legal counsel.
If you’re navigating life in the U.S., you already know how critical it is to resolve your immigration status quickly—everything from employment to healthcare and education depends on it. That’s why many clients turn to the Law Offices of Hayoon Kane to help them secure their green cards through marriage in the most secure, efficient, and reliable way possible.
Proven Success in Marriage-Based Immigration
Attorney Hayoon Kane has earned a strong reputation in U.S. immigration law by maintaining a 100% success rate in all marriage-based green card cases we’ve taken on. Initially, our firm focused exclusively on Special Immigrant Juvenile Status (SIJS) cases for applicants under the age of 21. Thanks to a consistently perfect track record and word-of-mouth referrals, many individuals—particularly those near the age limit or facing marriage-related immigration needs—began requesting help with spousal petitions.
These cases have now become a formal part of our practice.
What Clients Appreciate Most About Working with Us
Clients who have retained Attorney Hayoon Kane for marriage-based immigration often highlight the following key benefits:
- Deep Knowledge of U.S. Immigration Law
With over 1,000 consultations conducted, Attorney Kane provides tailored solutions for each client based on their unique relationship, background, and immigration status. - Bilingual Communication and Meticulous Case Management
Fluent in both Korean and English, our team ensures all case documents are accurate and complete through a mutual verification process at each step—eliminating common filing errors. - Nationwide Accessibility
Whether you’re located near our Las Vegas office or across the country, we work with clients via Zoom or phone and can process your case quickly and thoroughly—often twice as fast as other firms. - Support Even in Complex Situations
For clients who’ve experienced separation or divorce during the green card process, we provide practical, compassionate legal strategies to help preserve immigration eligibility and move forward in life.
A Lawyer Who Understands Firsthand
Attorney Kane’s commitment to immigration law stems from personal experience. As a former international student in the U.S., she faced significant challenges due to visa limitations, which prevented her from launching her professional career despite excellent academic credentials. This motivated her to attend U.S. law school and help others overcome the same obstacles.
She also navigated the marriage-based green card process personally, after marrying her U.S. citizen spouse—giving her rare insight into what truly matters when preparing a successful spousal petition.
Common Questions from Clients
Because every couple’s situation is unique, we receive a wide range of questions. Below are a few of the most frequently asked:
1. Does my spouse need to be a U.S. citizen to sponsor me?
No. Both U.S. citizens and green card holders can sponsor a spouse. However, green card holders may face different timelines and requirements compared to citizens.
2. We tried filing on our own, but USCIS asked for additional documentation. What should we do?
Each case requires a specific strategy. An inadequate or incorrect response can result in a denial and make reapplication more difficult. It’s crucial to consult an immigration attorney to ensure the best possible outcome.
3. We got divorced during the green card process. Is there still a path forward?
Yes. These situations are not uncommon, and U.S. immigration law provides options to continue your case depending on your status and history. We’ve helped many individuals in similar situations successfully obtain permanent residency.
4. One of us is currently undocumented. Can we still apply?
Often, yes. If you originally entered the U.S. legally (e.g., with a visa) and are now in an overstay situation, you may still be eligible to adjust status. However, if the undocumented entry involved unlawful presence or smuggling, a different legal strategy is required—one that should be discussed with an experienced attorney.
5) My spouse and I currently live apart due to work commitments, and our family relocates often. Will this be an issue?
Not necessarily. The most critical factor in a marriage-based green card case is demonstrating that your relationship is genuine and based on love—not solely for immigration purposes. While living together under one roof is ideal, USCIS understands that work or family obligations can require temporary separation. In such cases, it’s essential to submit thorough documentation and clear explanations. An experienced immigration attorney can help you prepare an appropriate response to ensure your case is not negatively impacted.
6) Does the marriage have to take place in the United States?
No. The location of your marriage is not a deciding factor, as long as your marriage was legally conducted and properly documented. You may proceed with a spousal petition whether you were married in the U.S. or abroad.
7) We’re considering both a spousal visa and a fiancé(e) visa (K-1). Which is more efficient?
While the K-1 fiancé(e) visa may allow for a faster reunion in the U.S., it often results in a longer and more expensive process to obtain permanent residency. It also requires multiple applications and fees. In most cases, a direct spousal petition is more efficient and cost-effective. At our firm, we help clients navigate the fastest path forward—even without pursuing a K-1 visa.
8) One of us has a prior criminal record. Can we still apply for a marriage-based green card?
Yes, but this depends on the nature of the offense. Minor infractions may not affect your eligibility, while more serious criminal history can raise concerns with immigration authorities. In such cases, working closely with an experienced attorney is critical to prepare strong legal arguments and documentation. In some situations, criminal history may not just impact the green card but also lead to inadmissibility—so personalized legal counsel is essential.
9) Do we need to visit the Las Vegas office in person for legal services?
Not at all. We serve clients across the U.S. and internationally through phone and video consultations. All case preparation, review, and document submission can be done remotely. If you prefer an in-person meeting, you are welcome to visit our office, but an appointment must be scheduled in advance.
10) Can I attend the consultation alone?
We strongly encourage both spouses (or partners) to attend the initial consultation together. Since both parties are involved in the petition and are evaluated by USCIS, it is vital that both are informed of the legal process and actively involved. Unless truly unavoidable, joint participation leads to clearer communication, better strategy, and more favorable results.
Why Proper Legal Guidance Matters
Some individuals, in an effort to save money, try to handle their marriage-based green card application alone. However, we’ve seen many such cases result in denials—even after the applicants spent countless hours preparing hundreds of pages of documents. In one case, the couple’s filing was denied not due to a lack of effort, but because the essential documents were missing, and irrelevant materials were included.
Even worse, missing a notice in the mail or failing to respond to a USCIS request in time can result in denial or serious delays—sometimes preventing travel or work authorization.
Of course, some people choose to manage the process on their own, and that is their right. But if you’ve read this far, you’re likely someone who wants to move forward wisely, efficiently, and with the right support.
By working with our firm, you can avoid the stress, delays, and potential denials that often result from DIY applications. Instead, you’ll benefit from over 1,000 successful consultations, a 100% success rate in marriage-based cases, and a legal team dedicated to safeguarding your future.
Limited Availability – Schedule Early
We genuinely wish we could help everyone, but due to high demand, we are only able to take on a limited number of marriage-based green card cases each month. Some individuals who initially chose to proceed on their own later came back to us—only to find that our schedule was fully booked. In many of those cases, the delay added unnecessary complications to their case.
If you’re ready to begin your journey to permanent residency through marriage, we encourage you to schedule your consultation now to reserve your spot.
We look forward to helping you build a secure and lasting future in the U.S.
