Understanding the Timeline for Obtaining a Green Card Through Marriage to a US Citizen

Obtaining a green card through marriage to a US citizen is a common path for many immigrants looking to live and work permanently in the United States. However, the process can be complex and lengthy, with many steps and requirements to navigate. In this article, we will provide a comprehensive overview of the timeline for obtaining a green card through marriage to a US citizen, including the various forms and documents required, the processing times for each step, and what to expect during the interview and final decision stages.

Understanding the Timeline for Obtaining a Marriage-Based Green Card in the United States

For non-U.S. citizens married to a U.S. citizen or lawful permanent resident, obtaining a marriage-based green card is typically the most common path to obtain permanent residency in the United States. However, the process can be lengthy and complex. It is important to understand the timeline and requirements for obtaining a marriage-based green card.

The Process

The process for obtaining a marriage-based green card generally involves three main steps:

• Filing a Petition – The U.S. citizen or lawful permanent resident spouse must first file a petition on behalf of their foreign spouse.
• Application for Adjustment of Status – After the petition is approved, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident.
• Consular Processing – If the foreign spouse is living outside of the United States, they can apply for a marriage-based green card through consular processing at a U.S. embassy or consulate in their home country.

The Timeline

The timeline for obtaining a marriage-based green card can vary depending on various factors such as the processing times of the U.S. Citizenship and Immigration Services (USCIS) and the workload of the embassy or consulate in the foreign spouse’s home country. Generally, the timeline can take anywhere from several months to over a year.

Here is a rough timeline of the marriage-based green card process:

• Step 1: Filing a Petition (I-130) – This can take approximately 5-12 months for USCIS to process.
• Step 2: Application for Adjustment of Status (I-485) – This can take approximately 8-14 months for USCIS to process.
• Step 3: Consular Processing (DS-260) – This can take approximately 6-12 months for the embassy or consulate to process.

Conclusion

Obtaining a marriage-based green card can be a lengthy and complex process, but it can ultimately lead to permanent residency in the United States. It is important to understand the timeline and requirements for the process to ensure a successful outcome.

Remember, every case is unique, and processing times can vary. It is always a good idea to consult with an experienced immigration attorney to help guide you through the process and ensure that your application is properly prepared and submitted.

Legal Update: Analysis of Current Green Card Processing Times

As of January 2021, the United States Citizenship and Immigration Services (USCIS) has provided an update on the current processing times for green card applications in various categories. This information is crucial for individuals and families who are waiting for their green cards to be approved.

Family-Based Green Cards

• Spouses and minor children of U.S. citizens: 6-12 months
• Unmarried children over 21 of U.S. citizens: 6-12 months
• Spouses and unmarried children of U.S. permanent residents: 1-2 years
• Married children of U.S. citizens: 1-2 years
• Siblings of U.S. citizens: 10-13 years

The processing times for family-based green cards can vary greatly depending on the category and country of origin. It is important to note that these estimates are subject to change and may differ from case to case.

Employment-Based Green Cards

• EB-1 (priority workers): 6-8 months
• EB-2 (advanced degree holders or exceptional ability): 1-2 years
• EB-3 (skilled workers, professionals, or other workers): 2-4 years
• EB-4 (special immigrants): 1-2 years
• EB-5 (investors): 1-2 years

Similar to family-based green cards, the processing times for employment-based green cards can vary based on the category and country of origin. In addition, there may be delays due to additional background checks, requests for evidence, or other factors.

If you or a loved one is waiting for a green card, it is important to be patient and stay informed about the latest processing times. You can check the USCIS website for updates and consult with an experienced immigration attorney for guidance on your specific case.

Example

John, a U.S. citizen, filed a green card application for his unmarried son over 21 who is currently living in Mexico. Based on the current processing times, John can expect the application to be approved in approximately 6-12 months. However, this estimate may change depending on any additional factors or delays.

Navigating the Green Card Process through Marriage: A Comprehensive Guide

For many immigrants, obtaining a Green Card through marriage is an appealing option. However, the process can be complex and overwhelming. This guide will provide a step-by-step overview of the process, from filing the initial petition to receiving the Green Card.

Step 1: Filing the Petition

The first step in obtaining a Green Card through marriage is to file the Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen spouse and the immigrant spouse.

Note: If the couple has been married for less than two years, the immigrant spouse will receive a conditional Green Card that must be renewed before the expiration date.

Step 2: Filing the Adjustment of Status

After the Form I-130 is approved, the immigrant spouse must file the Form I-485, Application to Register Permanent Residence or Adjust Status.

This form is used to adjust the immigrant spouse’s status from a non-immigrant to a lawful permanent resident.

Note: The immigrant spouse may also be required to attend an interview with USCIS as part of the adjustment of status process.

Step 3: Obtaining a Work Permit

While the adjustment of status application is pending, the immigrant spouse may apply for a work permit by filing the Form I-765, Application for Employment Authorization.

Note: It can take several months for USCIS to process the work permit application, so the immigrant spouse should plan accordingly.

Step 4: Obtaining a Travel Document

If the immigrant spouse needs to travel outside of the United States while the adjustment of status application is pending, they must obtain a travel document by filing the Form I-131, Application for Travel Document.

Note: The travel document is not a guarantee that the immigrant spouse will be allowed to re-enter the United States. It is important to speak with an immigration attorney before traveling outside of the country.

Step 5: Green Card Interview

After the adjustment of status application is filed, the immigrant spouse may be required to attend an interview with USCIS. During this interview, USCIS will verify the validity of the marriage and ensure that all other eligibility requirements are met.

Note: It is important to attend the interview with all necessary documentation and to be prepared to answer questions about the marriage.

Step 6: Receiving the Green Card

If the adjustment of status application is approved, the immigrant spouse will receive a Green Card in the mail. Congratulations, the process is complete!

Note: If the couple has been married for less than two years, the immigrant spouse will receive a conditional Green Card that must be renewed before the expiration date.

Navigating the Green Card process through marriage can be a complex and overwhelming task. However, with the help of an experienced immigration attorney, the process can be simplified and made less stressful for the couple.

• Key Takeaways:
• File the Form I-130 with USCIS to establish the relationship between the U.S. citizen spouse and the immigrant spouse.
• File the Form I-485 to adjust the immigrant spouse’s status from a non-immigrant to a lawful permanent resident.
• Apply for a work permit and travel document while the adjustment of status application is pending.
• Attend the Green Card interview with all necessary documentation and be prepared to answer questions about the marriage.
• Receive the Green Card in the mail if the adjustment of status application is approved.

Example: Jane, a U.S. citizen, and John, an immigrant from Mexico, were married in the United States. They filed the Form I-130 and the Form I-485 and attended the Green Card interview together. After several months, John received his Green Card in the mail and is now a lawful permanent resident of the United States.

How long does it take to get a green card through marriage to a u.s. citizen

If you are married to a U.S. citizen, you may be eligible to apply for a green card. The process of obtaining a green card through marriage can be lengthy and complex, but it is important to understand the timeline and requirements involved.

Timeline for Green Card through Marriage:

• First, the U.S. citizen spouse must file a Form I-130, Petition for Alien Relative, on behalf of their spouse.
• Once the I-130 is approved, the foreign spouse can apply for a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
• The foreign spouse may also need to attend an interview and provide additional documentation.
• The processing time for the I-130 can take anywhere from 7 to 15 months, and the processing time for the I-485 can take 8 to 14 months.
• Overall, the entire process can take anywhere from 10 to 24 months or more.

It is important to note that the timeline can vary depending on individual circumstances and any delays in processing. It is also possible to apply for a green card through consular processing if the foreign spouse is living abroad.

Requirements for Green Card through Marriage:

In addition to the timeline, there are also certain requirements that must be met in order to obtain a green card through marriage:

• The marriage must be bona fide and not solely for the purpose of obtaining a green card.
• The foreign spouse must not have any disqualifying criminal history or immigration violations.
• The U.S. citizen spouse must meet certain income requirements to demonstrate the ability to support their spouse.
• The foreign spouse may also need to undergo a medical examination and provide evidence of vaccinations.

It is important to consult with an experienced immigration lawyer to ensure that all requirements are met and the process is completed correctly.

Example:

For example, if a U.S. citizen and their foreign spouse file the I-130 in January and it is approved in August, the foreign spouse could then file the I-485 and attend an interview. If the I-485 is approved in June of the following year, the foreign spouse would receive their green card and become a permanent resident.

Overall, obtaining a green card through marriage to a U.S. citizen can be a lengthy and complex process, but it can lead to permanent residency and eventual citizenship.

Thank you for taking the time to read this article on Understanding the Timeline for Obtaining a Green Card Through Marriage to a US Citizen. We hope that the information provided has been helpful in shedding light on the process and timeline involved in obtaining a green card through marriage.

Remember, each case is unique and may have its own set of circumstances that can impact the timeline. It is important to consult with an experienced immigration attorney to help guide you through the process and ensure that everything is done correctly and efficiently.

Best of luck on your journey towards obtaining a green card and starting your new life in the United States!

Goodbye and take care!