From ‘I Do’ to Green Card: The Timeline After Marriage

Congratulations on your recent marriage! As you embark on the journey of building a life together with your partner, one important question may be lingering in your mind: How long does it take to obtain a green card after marriage? This may be a crucial step towards achieving your American dream and settling down with your spouse. With changing immigration policies and processes, it can be overwhelming to understand the timeline and requirements for obtaining a green card through marriage. In this article, we will guide you through the process and provide clarity on the approximate time it takes to secure a green card after marriage. So, let’s dive in and explore this crucial topic!

Securing a green card through marriage is often a lengthy and complex process. This can create much uncertainty and stress for couples looking to start their lives together in the United States. One of the most common questions asked is, “How long does it take to receive a green card after marriage?” The answer to this question depends on various factors and can often vary case by case. In this article, we will delve into the timeline for obtaining a green card through marriage, the steps involved, and potential factors that may affect the processing time.

Understanding the Green Card Process

Before we dive into the timeline of obtaining a green card after marriage, it is essential to understand the overall process. A green card, also known as a permanent residence card, allows individuals to live and work permanently in the United States. Through marriage to a US citizen or permanent resident, foreign nationals can apply for a green card and eventually become eligible for US citizenship.

Step 1: Filing for an Immigrant Petition

The beginning of the green card process requires filing an immigrant petition with the United States Citizenship and Immigration Services (USCIS). As an applicant through marriage, you must file Form I-130, Petition for Alien Relative. This form establishes that your spouse is eligible for immigration benefits under US laws.

Step 2: Adjustment of Status or Consular Processing

After your petition has been approved by USCIS, you can proceed with either adjustment of status (AOS) or consular processing (CP). AOS applies to individuals who are already present in the United States on valid visas while CP applies to those living outside of the country.

Step 3: Completing Biometrics Appointment

Once your petition has been approved by USCIS and you have chosen between AOS or CP, you will receive a biometrics appointment notice. This appointment requires you to get your fingerprints, photograph, and signature taken. Your biometrics will be used for a background check.

Step 4: Attend the Green Card Interview

The final step in the process is attending your green card interview. USCIS will review your application, conduct an in-person interview, and make a decision on your application.

Timeline for Obtaining a Green Card After Marriage

The timeline for obtaining a green card after marriage can vary case by case. However, here is a general overview of what to expect from start to finish.

Step 1: Filing Petition (1-12 months)

The length of this step depends on how busy the USCIS office is at the time of filing and how much evidence you provide with your petition.

Step 2: Adjustment of Status or Consular Processing (4-9 months)

AOS takes about 4-9 months while CP can take longer, typically between 8-13 months.

Step 3: Completing Biometrics Appointment (1 month)

Your biometrics appointment should occur about one month after filing the I-485.

Step 4: Attending the Green Card Interview (6-12 months)

The waiting time for an interview mainly depends on where you live and how many cases are currently being processed at that office. Some offices may schedule interviews three to five months after filing while others may take up to two years.

It is also important to note that these timelines are subject to change based on various factors such as delays in processing times or unexpected issues with documentation. It is essential to keep track of any updates from USCIS and seek legal guidance if any problems arise during the process.

Potential Factors That May Affect Processing Time

While the timeline for obtaining a green card after marriage may seem long and uncertain, it is crucial to understand that certain factors can affect the processing time. These include:

1. The number of applications

The number of applications filed at USCIS at any given time can impact the processing time for green card applications. If there is a high volume of applications, it can lead to delays in processing times.

2. Completeness and accuracy of documentation

Inaccurate or incomplete documentation can result in delays, as USCIS will have to request additional evidence or clarification. It is essential to ensure all documents provided are accurate and thorough.

3. Background checks

As part of the green card process, USCIS conducts background checks on all applicants. The waiting period for these checks may vary from case to case, which can impact the overall processing time.

4. Marriage fraud suspicions

If USCIS has any concerns about the legitimacy of a marriage, they may require additional interviews or evidence before approving a green card application. This can add extra time to the process.

Obtaining a

Understanding the Process of Obtaining a Green Card through Marriage

If you are a foreign national married to a U.S. citizen or permanent resident, you may be wondering about the process of obtaining your green card. The green card, officially known as a Permanent Resident Card, gives you the legal right to live permanently in the United States and eventually apply for citizenship. However, many people are unsure about how long it takes to obtain their green card after marriage. In this article, we will discuss the timeline for obtaining a green card through marriage and what factors can affect that timeline.

The Lengthy Process of Filing Form I-130

The first step in obtaining a green card through marriage is for your spouse to file Form I-130 on your behalf. This is also known as the Petition for Alien Relative. The purpose of this form is to establish your relationship with your U.S. citizen or permanent resident spouse and show that your marriage is genuine.

Although Form I-130 itself does not have a specific processing time, it must be approved by U.S. Citizenship and Immigration Services (USCIS) before you can move on to the next step in the process. The processing time for this form can vary greatly depending on several factors such as USCIS workload and any errors or omissions in your application.

According to USCIS, it currently takes an average of 7-11 months to approve Form I-130 for immediate relatives (meaning spouses of U.S. citizens). If there are any errors or missing information in your application, it may result in a request for evidence (RFE) which can delay the processing time even further.

The Lengthy Wait for Your Priority Date

Once your Form I-130 is approved, you will receive a notice from USCIS stating that they have received it and that it has been transferred to the National Visa Center (NVC). The NVC is responsible for processing immigrant visa applications for those who are applying from outside of the United States.

The NVC will assign you and your spouse a priority date, which is essentially the date that your application was received by USCIS. This date determines your place in line for a visa. The wait time for a priority date can vary greatly depending on the backlog of cases at the NVC and the U.S. Consulate where your case will be processed.

The Visa Bulletin, published monthly by the U.S. Department of State, provides information on current wait times based on priority dates for different categories of green card applications. If you are married to a U.S. citizen, you fall under the “immediate relative” category and do not have to wait for a priority date to become current in order to continue with your application process.

However, if you are married to a permanent resident, you fall under the “family preference” category and must wait for your priority date to become current before continuing with your application process. Currently, there is a backlog in this category which means it can take several years before your priority date becomes current.

The Final Steps: Adjustment of Status or Consular Processing

Once your priority date becomes current, you can choose either adjustment of status or consular processing as the final steps in obtaining your green card.

Adjustment of status is available if you are already residing in the United States while consular processing is available if you are residing outside of the United States. Adjustment of status means that you can apply for a green card without having to leave the country while consular processing requires an interview at a U.S. embassy or consulate abroad.

The processing time for adjustment of status typically ranges from 8-14 months whereas consular processing can take anywhere from 9-18 months depending on various factors such as the location of your interview.

Factors That Can Affect Your Timeline

It is important to note that the timeline for obtaining a green card through marriage can vary greatly for each individual case. Factors such as USCIS workload, the accuracy and completeness of your initial application, and whether or not you choose adjustment of status or consular processing can all affect your overall timeline.

Other factors that may affect your timeline include any requests for evidence, security checks, and changes in immigration policies. It is also worth mentioning that if you are married to a U.S. citizen, you may be eligible to apply for a green card without having to wait for a priority date. This process is known as “direct filing” and can significantly decrease the overall timeline.

Obtaining a green card through marriage can be a lengthy and complex process. The timeline for obtaining a green card after marriage can vary depending on several factors such as USCIS workload, priority dates, and whether or not you choose adjustment of status or consular processing.

It is important to ensure that your application is accurate and complete in order to avoid any delays or requests for evidence. Consulting with an experienced immigration attorney can also help navigate this process and ensure that everything

Q: How long does it take to get a green card after marriage?
A: The average processing time for a marriage-based green card is typically around 10-13 months.

Q: Is there a faster way to get a green card through marriage?
A: Yes, you may be eligible for expedited processing if you meet certain criteria, such as being in the military or having an urgent humanitarian situation.

Q: Can I apply for a green card immediately after getting married?
A: No, there are additional steps and requirements that must be met before applying for a green card through marriage.

Q: Do I have to wait until my green card is approved before traveling outside of the United States?
A: It is highly recommended to wait until your green card is approved before traveling outside of the United States. If you need to travel, you can apply for an advance parole document.

Q: Can I apply for a work permit while waiting for my green card after marriage?
A: Yes, you may be eligible to apply for a work permit while your green card application is pending. This will allow you to legally work in the United States during the application process.

Q: What happens if my marriage ends before I receive my green card?
A: If your marriage ends in divorce or annulment before your green card is issued, you may no longer be eligible for a marriage-based green card. However, there may be other options available to you depending on your specific circumstances.

In conclusion, obtaining a green card through marriage can be a complex and lengthy process. The amount of time it takes to receive a green card after marriage can vary depending on various factors such as the current immigration climate, the applicant’s individual circumstances, and the efficiency of the application process.

After discussing the different stages involved in obtaining a green card through marriage, it is evident that patience, preparation, and attention to detail are essential for a successful outcome. It is crucial for couples to understand the documentation requirements, timelines, and potential roadblocks that may arise during the process.

Additionally, seeking the guidance of an experienced immigration attorney can greatly increase the chances of a smooth and timely application process. Understanding and adhering to all legal requirements will also ensure that individuals do not face any complications or delays in receiving their green card.

It is worth noting that while obtaining a green card through marriage is a major milestone for couples, it is only one step in the journey towards building a life together in the United States. Other aspects such as applying for citizenship or sponsoring family members for immigration should also be considered.

Overall, obtaining a green card after marriage requires thorough research, careful planning, and patience throughout the entire process. It may not be an easy or quick journey but having a strong support system