If you’ve recently married an American citizen, you’re likely feeling a little confused about the green card process. One of the most common questions is, “How long does it take to get a green card through marriage to a U.S. citizen?”
The green card process can be complex and time-consuming, with varying timelines depending on several factors. Understanding how long it takes to obtain a marriage-based green card is crucial for couples who are navigating the immigration process.
This comprehensive guide will walk you through each step, offer tips for speeding up the process, and address common concerns to help you manage expectations.
Overview of the Green Card Process Through Marriage
When a U.S. citizen marries a foreign national, the foreign spouse may be eligible to apply for a marriage-based green card, which grants lawful permanent residence in the United States. The process can vary based on whether the foreign spouse is currently in the U.S. or abroad and is typically broken down into several key stages:
- Filing the I-130 Petition: The U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the legitimacy of the marriage and is the first step in the green card process.
- Filing the I-485 (Adjustment of Status): If the foreign spouse is already in the U.S. on a valid visa, they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with the I-130. This step adjusts their current status to that of a green card holder without leaving the U.S.
- Consular Processing: If the foreign spouse is living abroad, they will need to go through consular processing at a U.S. embassy or consulate in their home country after the I-130 is approved.
- The Green Card Interview: After USCIS approves the I-130 and I-485 or consular processing, the foreign spouse will be scheduled for an interview to ensure the marriage is genuine.
Step-by-Step Timeline for Getting a Marriage-Based Green Card
The total timeline for obtaining a marriage-based green card can range from 10 months to 3 years, depending on whether the foreign spouse is already in the U.S. and whether they are married to a U.S. citizen or permanent resident. Below is a breakdown of the timeline at each step:
- Filing and Approval of the I-130 (Petition for Alien Relative):
- Processing Time: 8 to 12 months.
- Factors Influencing Time: The quality of evidence submitted, backlog at USCIS service centers, and whether additional information is requested.
- Adjustment of Status (I-485):
- Processing Time: 9 to 14 months.
- Concurrent Filing: If the I-130 and I-485 are filed together, this can reduce the overall timeline to around 10–14 months total.
- Work Permit and Travel Authorization: The foreign spouse can apply for a work permit (EAD) and advance parole (travel authorization) while waiting, which usually takes about 5 to 7 months to be approved.
- Consular Processing (if spouse is abroad):
- Processing Time: 12 to 18 months from start to finish.
- After the I-130 approval, the foreign spouse will wait for an interview date at a U.S. consulate or embassy, which can take several more months depending on the location.
- Green Card Interview and Approval:
- Interview Scheduling: USCIS or the consulate will typically schedule an interview within 3 to 6 months after receiving the application.
- Interview Outcome: The green card is typically mailed within 2 to 4 weeks if approved.
- Receiving the Green Card:
- After approval, the foreign spouse receives a conditional or permanent green card depending on how long the couple has been married.
Factors That Can Influence the Timeline
While the average timelines outlined above provide a general idea, there are several factors that can either speed up or delay the process:
- Location of Filing: USCIS processing times can vary significantly based on the service center handling your application. Some centers are known for quicker processing, while others may have longer backlogs.
- Accuracy and Completeness of Forms: Any mistakes, missing information, or incomplete documentation can lead to delays in processing, as USCIS may issue Requests for Evidence (RFE).
- Eligibility for Concurrent Filing: Filing the I-130 and I-485 together can speed up the timeline significantly, but only applies if the foreign spouse is already in the U.S. on a valid visa.
- Delays in Interview Scheduling: Some USCIS field offices and consulates experience long wait times for interviews, particularly in busy cities or countries with high immigration volumes.
Tips to Speed Up the Green Card Process
- Submit a Complete Application: Double-check your forms, provide all necessary documents, and submit as much supporting evidence as possible to avoid RFEs that could delay your case.
- Use Concurrent Filing if Possible: If eligible, submit the I-130 and I-485 together to shorten the timeline.
- Respond Quickly to Requests for Evidence (RFEs): If USCIS requests additional information, respond as soon as possible to avoid any unnecessary delays.
- Check Processing Times: Regularly check USCIS or consulate processing times and take action if your case exceeds normal processing times by contacting USCIS or your attorney.
- Work with an Experienced Immigration Attorney: An attorney can help ensure that your application is correctly filed and that no delays occur due to errors or missed deadlines.
How Conditional and Permanent Green Cards Differ in Processing
The type of green card issued depends on how long the couple has been married at the time of approval. If the marriage is less than two years old, the foreign spouse will receive a conditional green card valid for two years. After two years of marriage, the foreign spouse can apply to remove conditions and receive a permanent green card. This is done by filing Form I-751 (Petition to Remove Conditions on Residence).
- Conditional Green Card: Issued if married less than two years. Must file Form I-751 within 90 days before the card expires.
- Permanent Green Card: Issued if married for more than two years at the time of approval, valid for 10 years, with renewal required thereafter.
Common Questions
Can I Work While Waiting for a Marriage-Based Green Card?
Yes. Once you file the I-485, you can apply for a work permit (Employment Authorization Document or EAD) which allows you to work legally in the U.S. while your green card application is processed.
What Happens if My Green Card Application is Denied?
If your application is denied, you may have options to appeal or refile. Working with an immigration attorney is crucial to identify any issues and proceed correctly.
How Can I Prove My Marriage is Legitimate?
USCIS looks for evidence that proves a bona fide marriage. Submitting joint financial documents, lease agreements, travel records, and affidavits from family or friends can help demonstrate the legitimacy of your marriage.
Conclusion
The timeline for obtaining a marriage-based green card can vary significantly based on the specific circumstances of your case, but most applicants can expect the process to take anywhere from 10 months to 3 years. Understanding the steps involved, preparing a complete application, and working with an experienced immigration attorney are key to navigating the process smoothly.
For personalized assistance, consider consulting with an immigration attorney who can help guide you through the process and ensure that all required documentation is submitted correctly.
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