The process of obtaining a green card through marriage is one of the most common ways for foreign nationals to gain permanent residency in the United States. However, the timeline for this process can vary significantly depending on several factors. This article will provide a detailed overview of the steps involved, the expected timelines, and the factors that can affect how long it takes to get a green card through marriage.
What Is a Marriage-Based Green Card?
A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to live and work permanently in the United States. There are two main categories for marriage-based green cards:
Immediate Relative (Spouse of a U.S. Citizen): The spouse of a U.S. citizen falls under the “immediate relative” category, which is not subject to annual visa limits. This category generally enjoys a faster processing time.
Spouse of a Lawful Permanent Resident (Green Card Holder): The spouse of a lawful permanent resident falls under the family preference category (F2A). This category is subject to annual visa limits, which can result in longer wait times.
Factors Affecting the Timeline for Getting a Marriage-Based Green Card
The timeline for obtaining a green card through marriage can be influenced by various factors, including:
The Immigration Status of the Petitioner: Whether the petitioner is a U.S. citizen or a lawful permanent resident (green card holder) can significantly impact the processing time.
Where the Foreign Spouse Is Located: The process can vary depending on whether the foreign spouse is currently inside or outside the United States.
Processing Times at U.S. Citizenship and Immigration Services (USCIS): USCIS processing times can vary depending on the service center handling the case.
Interview and Background Check Requirements: The need for additional background checks, security clearances, or a second interview can extend the timeline.
Backlogs and Quotas: For spouses of lawful permanent residents, the annual visa quota may create additional wait times.
Step-by-Step Overview of the Marriage-Based Green Card Process
1. Filing the Petition (Form I-130)
The process begins with the U.S. citizen or lawful permanent resident spouse filing Form I-130, Petition for Alien Relative. This form establishes the validity of the marriage and the relationship between the petitioner and the foreign spouse.
Timeline: The processing time for Form I-130 can vary, but it typically takes 6 to 12 months.
2. Adjustment of Status (Form I-485) or Consular Processing
After Form I-130 is approved, the next step depends on whether the foreign spouse is in the United States or abroad.
Adjustment of Status (AOS) (Form I-485):If the foreign spouse is already in the U.S., they may apply for adjustment of status to become a permanent resident by filing Form I-485. This process allows them to stay in the U.S. while their green card application is processed.
Timeline: The processing time for Form I-485 can range from 8 to 14 months, depending on the USCIS service center.
Consular Processing:If the foreign spouse is outside the U.S., 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 case is transferred to the National Visa Center (NVC), which will then forward it to the appropriate U.S. consulate.
Timeline: Consular processing can take 12 to 18 months, depending on the specific consulate’s processing times.
3. Biometric Appointment
As part of the adjustment of status process, the foreign spouse will be required to attend a biometric appointment, where they will have their fingerprints, photograph, and signature taken for background checks.
Timeline: The biometric appointment typically takes place within 4 to 8 weeks after filing Form I-485.
4. The Green Card Interview
An interview with a USCIS officer is a standard part of the green card application process. The interview is designed to verify the legitimacy of the marriage and ensure that all information provided in the application is accurate.
Timeline: The interview is usually scheduled 12 to 16 months after filing Form I-485 or after consular processing is complete.
5. Approval and Issuance of the Green Card
If the interview is successful and all other requirements are met, the foreign spouse will receive approval for their green card. If the marriage is less than two years old at the time of approval, the foreign spouse will receive a conditional green card, valid for two years.
Timeline: After a successful interview, the green card is typically issued within 2 to 4 weeks.
6. Removal of Conditions (For Conditional Green Card Holders)
If the foreign spouse receives a conditional green card, they must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card’s expiration date. This step is necessary to obtain a permanent (10-year) green card.
Timeline: The processing time for removing conditions can take 12 to 18 months.
7. Receiving the Permanent Green Card
Once the conditions are removed, the foreign spouse will receive a permanent green card, which is valid for 10 years and renewable.
Timeline: After conditions are removed, the permanent green card is typically issued within 4 to 6 weeks.
How Long Does It Take to Get a Green Card Through Marriage?
The total time to obtain a green card through marriage can vary significantly based on the factors discussed above. However, the following general timelines provide an estimate:
For Spouses of U.S. Citizens:
Within the U.S. (Adjustment of Status):10 to 16 months.
Outside the U.S. (Consular Processing):12 to 18 months.
For Spouses of Lawful Permanent Residents:
Within the U.S. (Adjustment of Status):24 to 36 months (including visa wait time).
Outside the U.S. (Consular Processing):24 to 36 months (including visa wait time).
These timelines can be affected by processing delays, additional background checks, or other unforeseen circumstances.
see also: How Much Does It Cost to Remove Conditions on a Green Card?
What Can Delay the Green Card Process?
1. Request for Evidence (RFE)
If USCIS determines that additional information is needed to process the application, they may issue a Request for Evidence (RFE). Responding to an RFE can delay the process by several months.
2. Security Checks and Background Investigations
Certain applications may require additional security checks or background investigations, which can extend the processing time. This is particularly common for applicants from countries identified as high-risk.
3. Errors or Omissions in the Application
Mistakes or missing information in the application forms can lead to delays. It is crucial to ensure that all forms are completed accurately and thoroughly.
4. Backlogs at USCIS or the National Visa Center
High volumes of applications can lead to backlogs at USCIS or the National Visa Center (NVC), resulting in longer wait times.
5. In-Person Interview Delays
In some cases, the USCIS or consulate may require additional documentation or a second interview, which can delay the issuance of the green card.
Tips to Speed Up the Green Card Process
While some delays are beyond the applicant’s control, there are steps that can be taken to minimize processing time:
Submit a Complete and Accurate Application: Double-check all forms and supporting documents to ensure accuracy and completeness.
Respond Promptly to Requests for Evidence (RFEs): If you receive an RFE, respond as quickly as possible with the required information.
Prepare for the Interview: Be well-prepared for the green card interview, and bring all required documents.
Monitor Your Case Status: Regularly check the status of your application on the USCIS or NVC website and follow up on any delays.
Seek Legal Assistance: Consider consulting with an immigration attorney to ensure that your application is filed correctly and to address any potential issues that may arise.
Conclusion
The timeline for obtaining a green card through marriage varies depending on several factors, including the petitioner’s immigration status, the location of the foreign spouse, and USCIS processing times. While the process can take anywhere from 10 months to over three years, being proactive and diligent in submitting a complete and accurate application can help minimize delays. Understanding the process and potential challenges can better prepare you for the journey toward obtaining a marriage-based green card.