When a couple decides to navigate the U.S. immigration system to secure a marriage green card, they often face a series of steps with varying timelines. Understanding these timelines can help in planning and setting realistic expectations. This article will break down the process, from the initial application to receiving the green card, and offer insights into factors that might influence the overall duration.
What is a Marriage Green Card?
A marriage green card is a U.S. immigrant visa that allows a foreign national spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. It provides permanent residency status, which can eventually lead to U.S. citizenship.
The Application Process
1. Filing the Petition
The process begins when the U.S. citizen or lawful permanent resident spouse files Form I-130, Petition for Alien Relative. This form establishes the legitimacy of the marriage and the eligibility of the foreign spouse for a green card. Along with this form, you’ll need to provide various documents, including proof of marriage and evidence of a bona fide relationship.
Timeline: Typically, it takes around 6 to 12 months for the U.S. Citizenship and Immigration Services (USCIS) to process Form I-130. The exact duration can vary depending on the service center handling the petition and any additional information requests.
2. National Visa Center (NVC) Processing
Once Form I-130 is approved, the case is forwarded to the National Visa Center (NVC). The NVC handles the processing of immigrant visa applications for those living outside the U.S. If the foreign spouse is already in the U.S., the case will be processed through adjustment of status.
Timeline: The NVC processing time can range from a few weeks to several months, depending on how quickly the required documents are submitted and reviewed.
3. Immigrant Visa Application
If the foreign spouse is outside the U.S., they will need to apply for an immigrant visa at a U.S. embassy or consulate in their home country. This involves an interview and additional documentation to prove the authenticity of the marriage.
Timeline: The immigrant visa application process can take anywhere from 1 to 3 months, depending on the specific embassy or consulate and the current workload.
4. Adjustment of Status
For those already in the U.S., instead of applying for an immigrant visa, they will file Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows the foreign spouse to adjust their status from a non-immigrant to a permanent resident.
Timeline: The adjustment of status process usually takes between 8 to 14 months. This timeframe includes biometric appointments, interviews, and the final decision.
Factors Affecting Processing Times
1. Service Center Processing Times
USCIS processing times can vary based on the service center’s workload. Some centers may process applications faster than others, impacting how long it takes to get through each stage.
2. Completeness of Application
Incomplete or inaccurate applications can lead to delays. Ensuring that all forms are filled out correctly and that all required documentation is provided can help prevent unnecessary wait times.
3. Additional Documentation Requests
USCIS or the NVC may request additional information or documentation, which can prolong the processing time. Promptly providing requested documents can help keep the process on track.
4. Background Checks and Security Clearances
Background checks and security clearances can also affect processing times. Any issues or complications in these areas may result in longer wait times.
5. Changes in Immigration Law
Changes in immigration policies or procedures can impact processing times. Staying informed about any potential changes can help in understanding how they might affect your case.
Typical Timeframes
In summary, the entire process of obtaining a marriage green card generally takes between 12 to 24 months. This estimate includes the time for petition approval, visa processing, and final adjustment of status.
1. For Those Applying from Outside the U.S.:
Form I-130 Processing:6 to 12 months
NVC Processing:A few weeks to several months
Immigrant Visa Application:1 to 3 months
Total: Approximately 12 to 18 months
2. For Those Adjusting Status within the U.S.:
Form I-130 Processing:6 to 12 months
Adjustment of Status (Form I-485):8 to 14 months
Total: Approximately 14 to 26 months
see also: How to Check the Status of Your Green Card?
Conclusion
Securing a marriage green card is a multi-step process with several variables affecting the timeline. While the average duration ranges from 12 to 24 months, individual cases can vary. Being thorough in your application, staying informed about processing times, and being prepared for potential delays can help make the process smoother. For those seeking personalized advice, consulting with an immigration lawyer can provide tailored guidance and support throughout the journey.