Marrying a U.S. citizen is a significant milestone for many individuals seeking to live permanently in the United States. One of the key benefits of this union is the ability to apply for a green card, formally known as a Permanent Resident Card. This card grants the holder lawful permanent resident status, allowing them to live and work in the U.S. indefinitely. However, the timeline for obtaining a green card after marriage can vary widely depending on several factors. This article will explore the different pathways to getting a green card through marriage to a U.S. citizen, the average processing times involved, and the elements that can affect these timelines.
Understanding the Green Card Process
The Marriage-Based Green Card Categories
There are two primary pathways to obtaining a green card through marriage:
Adjustment of Status (AOS): This process is available to individuals who are already in the U.S. on a valid visa. They can apply to adjust their status to a lawful permanent resident without having to leave the country.
Consular Processing: This route is for individuals who are outside the U.S. or prefer to process their application through a U.S. embassy or consulate in their home country.
The choice between these two processes will significantly influence the timeline for obtaining a green card.
Factors Affecting Processing Times
Several factors can impact the time it takes to get a green card after marrying a U.S. citizen:
USCIS Processing Times: The U.S. Citizenship and Immigration Services (USCIS) processes green card applications. Processing times can fluctuate based on the workload at the specific service center handling the application.
Type of Application: As previously mentioned, whether you choose Adjustment of Status or Consular Processing can lead to different timelines. Adjustment of Status can sometimes be faster if the applicant is already in the U.S.
Background Checks and Interviews: Each application requires thorough background checks, which can take time. Applicants may also need to attend an interview, and scheduling availability can vary.
Request for Evidence (RFE): If USCIS finds that additional information is needed, they may issue an RFE. Responding to this can delay the process.
Current Immigration Policies: Changes in immigration laws or policies can also affect processing times.
Step-by-Step Timeline for Getting a Green Card
1. Filing the Application
The first step in the green card process is filing the appropriate forms. If you are applying through Adjustment of Status, you will typically need to submit:
Form I-130: Petition for Alien Relative. This form establishes the relationship between you and your U.S. citizen spouse.
Form I-485: Application to Register Permanent Residence or Adjust Status. This form is for adjusting your status to a lawful permanent resident.
If you are outside the U.S. and applying through Consular Processing, you will need to file the I-130 form. Once approved, you will proceed to the National Visa Center (NVC) stage.
2. Wait for USCIS Processing
Once you submit your application, you will need to wait for USCIS to process it. The processing times can vary significantly. As of recent statistics, the average processing time for the I-130 form is about 7 to 12 months. However, this can change based on the service center and current workload.
For the I-485 form, processing times typically range from 8 to 14 months, depending on various factors such as the applicant’s background and the need for an interview.
3. Interview and Approval
If your application is processed successfully, you may be scheduled for an interview. This interview usually occurs a few months after USCIS processes your application. During the interview, you and your spouse will be asked questions to verify the authenticity of your marriage.
After the interview, USCIS will inform you of their decision. If approved, you will receive your green card within a few weeks.
4. Consular Processing Timeline
If you choose Consular Processing, the timeline will differ slightly. After the I-130 is approved, your case will be forwarded to the NVC. Here is a general timeline for this process:
NVC Processing: After the I-130 approval, it can take approximately 1 to 3 months for the NVC to process your case and schedule an interview.
Interview at the U.S. Embassy or Consulate: After scheduling the interview, you might wait an additional month or so, depending on the availability of appointments.
Visa Approval: If approved, you will receive your immigrant visa, which allows you to enter the U.S. as a permanent resident. You will receive your green card in the mail within a few weeks after your arrival.
Overall Timeline Comparison
In summary, here is a rough comparison of timelines for both processes:
Adjustment of Status: Generally takes between 10 months to over 2 years, depending on various factors.
Consular Processing: Usually takes about 8 months to over 2 years, with variations based on embassy processing times.
Common Questions About the Green Card Process
Can I Work While Waiting for My Green Card?
If you are applying through Adjustment of Status, you can apply for a work permit (EAD) while your application is pending. The EAD allows you to work legally in the U.S. until your green card is approved. The processing time for an EAD is typically around 4 to 6 months.
If you are going through Consular Processing, you cannot work until you enter the U.S. with your immigrant visa and receive your green card.
What Happens If My Application is Denied?
If your green card application is denied, you will receive a notice explaining the reasons for the denial. You may have the option to appeal the decision or reapply. It is advisable to consult with an immigration attorney to understand your options and the best course of action.
Can My Spouse Join Me During the Process?
If you are applying through Adjustment of Status, your spouse can remain in the U.S. while your application is processed. If you are going through Consular Processing, your spouse can accompany you as a dependent if they are eligible.
see also: How Can I Get Pr in Usa After Study?
Conclusion
The journey to obtaining a green card after marrying a U.S. citizen can be lengthy and complex. Understanding the steps involved and the average timelines can help manage expectations and alleviate some anxiety associated with the process. Whether you opt for Adjustment of Status or Consular Processing, be prepared for potential delays and challenges along the way. With the right preparation and guidance, you can navigate this process successfully, leading to a new chapter in your life as a lawful permanent resident in the United States. If you have further questions or need assistance, consider consulting with an immigration attorney to help you through this important journey.
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