From ‘I Do’ to Green Card: The Timeline for Marriage-Based Immigration

Have you recently tied the knot with a non-U.S. citizen and now wondering how long it will take for them to receive their green card? Well, you’re not alone. As the immigration process can be lengthy and complicated, many couples who have gotten married often find themselves anxiously waiting for their loved one’s green card to arrive. In this article, we’ll discuss everything you need to know about the timeline for a green card after marriage, so you can have a clear idea of what to expect and plan accordingly.

When two people decide to join their lives in marriage, it is considered one of the most special and memorable moments of their lives. For those who are not US citizens, getting married to a US citizen can also be the pathway to obtaining a green card, which is the first step in becoming a permanent resident in the United States. However, many people wonder, how long does it take to get a green card after marriage? The answer is not straightforward, as each case is unique and will depend on various factors. In this article, we will explore everything you need to know about the timeline for obtaining a green card after marriage.

The Process of Obtaining a Green Card After Marriage

Once you are married to a US citizen, you can apply for a green card through marriage based on your spouse’s petition. The process involves filing an I-130 petition with the United States Citizenship and Immigration Services (USCIS). This form serves as evidence that your marriage is genuine and not for immigration purposes. Along with this form, you will also need to submit other supporting documents such as your marriage certificate, proof of identity and legal status in the US if applicable.

After your I-130 petition is approved by USCIS, your case will be forwarded to the National Visa Center (NVC). The NVC’s role is to collect all necessary documents from you and your spouse before sending your case to the appropriate US Embassy or Consulate for an interview.

Factors Affecting the Timeline

The timeline for obtaining a green card after marriage varies based on several factors. These factors can either speed up or delay the process significantly. Let’s take a closer look at some of these factors.

1. Processing time of USCIS

While there are no definite timelines set by USCIS for processing petitions, the current average processing time for an I-130 petition is approximately 12-15 months. However, this timeline can vary, and some cases may take longer or shorter than this estimated time. It is essential to regularly check the USCIS website for updated processing times.

2. Completeness of your petition

The completeness of your petition plays a crucial role in determining the processing time. If you submit an incomplete application or fail to include all necessary documents, it may cause delays in the processing of your petition. It is essential to ensure that all forms are filled accurately, and all required documents are included to avoid any delays.

3. The presence of any red flags

If USCIS suspects fraud or has any doubts about the validity of your marriage, they may conduct a more thorough review or even schedule an interview. This will inevitably delay the process and can significantly impact the timeline for obtaining your green card.

4. Adjudication of your case by a USCIS officer

After your petition has been processed and deemed complete, it will be assigned to a USCIS officer for adjudication. The duration of adjudication can vary from case to case, depending on the complexity and circumstances surrounding each case.

5. Availability of visa numbers

One significant factor that affects the timeline for obtaining a green card is the availability of visa numbers. Once your I-130 petition is approved by USCIS, you will need to wait until there are visa numbers available for you as per the visa bulletin published by the Department of State. If there is a backlog in visa numbers for your preference category, it can significantly delay obtaining your green card.

Timeline for Obtaining a Green Card After Marriage

Based on current processing times and other factors that affect the process, it takes an average of 18-24 months to obtain a green card through marriage to a US citizen. However, this timeline can vary and may take longer or shorter for different individuals. Let’s break down the timeline into different stages:

Stage 1: Filing the I-130 petition

As mentioned earlier, it takes approximately 12-15 months for USCIS to process an I-130 petition. If your petition is approved without any delays, you will move on to the next stage.

Stage 2: Applying for a visa number

After your I-130 petition is approved, you will need to wait for a visa number to become available in your preference category, as per the visa bulletin. This can take anywhere between 3-6 months or longer depending on the backlog in your preference category.

Stage 3: Consular processing

Once a visa number becomes available, your case will be forwarded to the NVC for consular processing. This stage can take an additional 2-3 months as NVC collects all necessary documents before forwarding your case to the appropriate US embassy or consulate for an interview.

Stage 4: Consular interview and issuance of green card

The Process of Obtaining a Green Card Through Marriage

Acquiring a green card, also known as lawful permanent residency, is one of the most common ways for non-US citizens to gain permanent residence in the United States. For those who are married to a US citizen or lawful permanent resident, the process can be expedited through marriage. However, it is important to understand the steps involved and the timeline for obtaining a green card after marriage.

Eligibility Requirements

Before beginning the process of obtaining a green card through marriage, it is crucial to ensure that both partners meet the eligibility requirements. The US citizen or lawful permanent resident spouse must first file Form I-130, Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between the couple and serves as proof of a bona fide marriage.

The couple must also provide evidence that they entered into their marriage with good faith intentions and not solely for immigration purposes. This evidence can include joint bank accounts, shared property or leases, photographs together, and affidavits from friends or family members attesting to the legitimacy of the relationship. It is important to note that USCIS has strict guidelines for what constitutes as sufficient evidence of a bona fide marriage, so thorough documentation is crucial.

The Adjustment Of Status Process

Once USCIS approves Form I-130 and confirms that the foreign spouse is eligible for a Green Card through their US citizen or lawful permanent resident partner, they can begin the adjustment of status process. This involves filing Form I-485 with USCIS along with supporting documents such as medical examinations and financial information.

The adjustment of status process allows eligible applicants who are already in the United States on a valid visa to obtain their Green Card without having to return to their home country. If approved, applicants will receive their Green Cards via mail, typically within six to twelve months.

Conditional Permanent Residence

For couples who have been married for less than two years at the time of filing for a Green Card, the foreign spouse will be granted conditional permanent residence. This means that their Green Card is valid for two years and they must apply for removal of conditions within 90 days of the expiration date. Failure to do so may result in deportation or other immigration consequences.

To remove the conditions on permanent residence, the couple must file Form I-751, within the 90-day window before expiration. They must provide evidence that they are still in a bona fide marriage. USCIS will then remove the conditions and grant permanent residency if they determine that the marriage is legitimate.

The Timeline for Obtaining a Green Card through Marriage

The process of obtaining a green card through marriage can take anywhere from 10 months to two years or more depending on various factors such as backlogs at USCIS and attending interviews. Once Form I-130 is filed, it can take an average of 7-12 months to be approved. After this, filing Form I-485 can take an additional 4-10 months to be processed.

In some cases, USCIS may request additional evidence or schedule an interview with the couple. If this happens, it can significantly delay the timeline for obtaining a green card through marriage. However, with proper documentation and thorough preparation, these delays can be minimized.

Obtaining a green card through marriage can be a lengthy and complex process. It is essential to carefully follow all instructions and provide thorough documentation to avoid delays or denials. Working with an experienced immigration attorney can also help navigate the process and ensure a smoother transition to permanent residency in the United States after marriage.

1. How long does it take to receive a green card after getting married?
The processing time for a green card after marriage varies but it generally takes between 10-13 months from the date of filing the application.

2. What is the process for obtaining a green card after marriage?
The process involves submitting an application, attending an interview with USCIS, and providing evidence of a bona fide marriage. Afterwards, the application will be reviewed and a decision will be made.

3. Can I travel while my green card after marriage is being processed?
If you have filed for Adjustment of Status, you can obtain Advance Parole to travel outside of the US while your application is pending. If you have filed for Consular Processing, you may need to wait until your green card is approved before traveling outside of the US.

4. What happens if my marriage ends before I receive my green card?
If your divorce is finalized before your green card is approved, you may no longer be eligible to receive a green card based on marriage. You will need to speak with an immigration attorney to explore other options.

5. Are there any additional fees associated with obtaining a green card after marriage?
Yes, there are several fees involved in the process such as an application fee, biometrics fee, and potentially an adjustment of status fee depending on your specific situation.

6. Can I apply for citizenship after receiving a green card through marriage?
Yes, if you have been married to and living with your US citizen spouse for at least 3 years and meet all other eligibility requirements, you can apply for citizenship 3 years after receiving your green card through marriage.

In conclusion, obtaining a green card through marriage is a complex and lengthy process that requires thorough preparation and careful attention to detail. From filing the initial application to attending an interview with USCIS, the timeline for receiving a green card after marriage can vary greatly.

On average, it can take anywhere from 10 months to several years for a green card to be issued after marriage. Factors such as the applicant’s country of origin, previous immigration history, and current workload of USCIS all play a role in determining the processing time.

It is crucial for couples to stay organized and properly document their relationship in order to increase their chances of a successful green card interview. Seeking the guidance of an experienced immigration lawyer can also greatly improve the chances of a smooth and timely process.

Furthermore, it is important for both partners to understand that marriage alone does not guarantee a green card. The immigration authorities will thoroughly investigate the validity of the marriage and require evidence of a bona fide relationship.

Additionally, spouses should also be aware of potential challenges such as conditional residency or potential fraud investigations that may arise during the application process.

In conclusion, obtaining a green card through marriage requires patience, diligence, and proper preparation. It is essential for couples to familiarize themselves with the requirements and guidelines set by USCIS