Unlocking the Mystery: How Long Does it Take to Obtain a Green Card After Marriage?

Congratulations on your recent marriage! As you embark on this new chapter of your life with your partner, you may have a lot of questions about the process of obtaining a green card. One of the most common inquiries is, “How long does it take to get a green card after marriage?” This question is understandable as the timeline for receiving a green card can vary greatly depending on individual circumstances. In this article, we will explore the factors that affect the processing time and provide valuable information for those seeking to obtain permanent residency through marriage. So, sit back and let us guide you through the journey towards obtaining your green card.

Obtaining a green card through marriage is a common path for foreign nationals who wish to live and work in the United States. However, the process can be lengthy and complex, leading many to wonder how long it takes to receive their green card after getting married. In this article, we will explore the various factors that can affect the timeline for obtaining a green card through marriage and provide you with the information you need to navigate this process successfully.

Understanding the Green Card Process

Before delving into the question of how long it takes to get a green card after marriage, it is important to have a basic understanding of the process itself. A green card, also known as permanent residency, allows an individual to live and work permanently in the United States. There are several ways to obtain a green card, but one of the most common is through marriage to a U.S. citizen or permanent resident.

The first step in obtaining a green card through marriage is for the couple to get married in a legally recognized ceremony. After that, the U.S. citizen or permanent resident spouse must file an immigrant petition on behalf of their foreign national spouse with U.S. Citizenship and Immigration Services (USCIS). This petition establishes that there is a valid marital relationship and that the foreign national spouse is eligible for immigration benefits.

If USCIS approves the immigrant petition, then the foreign national spouse can move on to apply for adjustment of status – also known as applying for their green card – by submitting Form I-485 along with supporting documents and fees. If your spouse entered the U.S. on a valid visa, they may be able to file these two applications simultaneously.

Factors Influencing Green Card Processing Times

Several factors can affect how long it takes to receive your green card after getting married. These include:

1) Your eligibility: The first step in obtaining a green card through marriage is for the couple to establish that they have a valid marital relationship. In some cases, this may require additional evidence or documentation, which can delay the process.

2) The workload of USCIS: USCIS receives a large number of applications each year and has limited resources to process them. As such, processing times can vary depending on the workload at your local USCIS office.

3) The complexity of your case: If your case is more complex – for example, if you have previous immigration violations or criminal history – it may take longer for USCIS to adjudicate your application.

4) Issues with supporting documents: Sometimes, applicants may not provide sufficient or accurate supporting documents, leading to requests for additional evidence or delays in processing.

5) Backlogs and country-specific quotas: Some green cards are limited each year by country of birth. This can lead to backlogs and longer processing times for individuals from countries with high demand for green cards.

6) COVID-19 pandemic: The COVID-19 pandemic has greatly impacted the processing times for green card applications. USCIS has had to reduce its in-person services and prioritize emergency cases, resulting in longer processing times overall.

Current Processing Times by Category

As mentioned earlier, processing times can vary depending on several factors. However, USCIS does provide estimated processing times for different types of applications on its website. As of June 2021, here are the current estimated processing times by category:

– Marriage-based green cards: 8-11 months
– Employment-based green cards: 10-44 months
– Diversity Visa Lottery (green card lottery): up to 36 months

It is important to note that these are only estimates and actual processing times can vary greatly depending on individual circumstances and changes in USCIS workload.

Expedited Processing

In certain circumstances, individuals may be able to request expedited processing of their green card application. This is typically reserved for cases involving dire human or financial consequences, such as a medical emergency or imminent job loss. You must provide evidence to support your request, and the decision to expedite is ultimately at the discretion of USCIS.

Final Thoughts

The timeline for obtaining a green card after marriage can vary greatly depending on several factors. While the process can be lengthy and unpredictable at times, with proper preparation and understanding of the requirements, you can increase your chances of a smooth and successful transition to permanent residency in the United States. It is always recommended to consult an experienced immigration attorney for personalized guidance throughout this process.

What Is a Green Card?

A green card, officially known as a permanent resident card, is an immigration document that grants individuals the legal right to live and work in the United States permanently. It serves as proof of lawful permanent residence and allows individuals to enjoy a variety of benefits, such as being able to freely travel outside of the United States and apply for citizenship after meeting certain eligibility requirements.

How Can One Obtain a Green Card Through Marriage?

One of the most common ways to obtain a green card is through marriage to a U.S. citizen or lawful permanent resident. This process is known as immigration through marriage or a spouse visa. In order to apply for a green card through marriage, the foreign national must meet certain eligibility requirements and go through the appropriate application process with the U.S. Citizenship and Immigration Services (USCIS).

Eligibility Requirements for Green Card Through Marriage

In order to be eligible for a green card through marriage, both parties must be in a bona fide marital relationship – meaning it is not entered into solely for immigration purposes. The couple must also have proper documentation to prove their relationship, such as marriage certificates, joint bank accounts or leases, and photos together.

Additionally, the U.S. citizen or lawful permanent resident spouse must meet certain financial requirements, known as the Affidavit of Support, which ensures that the intending immigrant will not become reliant on public assistance once they become a permanent resident.

Another important requirement for obtaining a green card through marriage is maintaining lawful status while residing in the United States. If an individual has entered or stayed in the country illegally, they may be ineligible for this type of visa.

The Process of Obtaining a Green Card Through Marriage

The first step in obtaining a green card through marriage is filing Form I-130 (Petition for Alien Relative) with the USCIS. This form establishes the relationship between the couple and initiates the green card application process.

Next, the intending immigrant must complete Form I-485 (Application to Register Permanent Residence or Adjust Status). This form is used to request a change in immigration status and obtain a green card. The couple will also need to submit various supporting documents, such as birth certificates, marriage certificates, and police clearance reports.

After submitting all required forms and documents, the intending immigrant will attend an interview with a USCIS officer. This interview is meant to assess the legitimacy of the marriage and ensure that all eligibility requirements are met. The interviewing officer may also ask questions about the couple’s relationship and their future plans together.

How Long Does It Take to Get a Green Card Through Marriage?

The time it takes to get a green card through marriage can vary greatly depending on each individual case. Typically, it can take anywhere from 10 months to two years or longer. The exact timeline depends on factors such as the processing time of USCIS, any potential delays due to missing or incorrect information in the application, and if additional information or documentation is requested by USCIS.

Green Card After Marriage: What Happens Next?

Once a green card is granted through marriage, it will be valid for two years. After that period, individuals must apply for removal of conditions on permanent residence by filing Form I-751 (Petition to Remove Conditions of Residence). This process is meant to prove that the marriage was not entered into fraudulently in order to obtain immigration benefits.

After successfully removing conditions on permanent residence, individuals will receive a 10-year green card which they must renew every 10 years. If desired, individuals can also apply for U.S citizenship after five years of obtaining the initial two-year green card.

Obtaining a green card after marriage can be a complex and lengthy process, but for many couples, it is the first step towards building their lives together in the United States. It is important for individuals to carefully follow all of the necessary steps and provide accurate and complete information in order to avoid potential delays or denial of their application. Seeking the guidance of an experienced immigration attorney can also greatly assist individuals in navigating this process successfully.

1. How long does it take to receive a green card after marriage?
The process of obtaining a green card through marriage can take anywhere from 10 months to 3 years, depending on various factors such as your location, the complexity of your case, and current processing times.

2. Do I automatically become a permanent resident after getting married to a US citizen?
No, marriage to a US citizen does not automatically grant you permanent residency. You will still need to apply for a green card and go through the necessary steps and interviews.

3. What is the first step in obtaining a green card through marriage?
The first step is typically submitting an I-130 Petition for Alien Relative form, which establishes the relationship between you and your spouse to immigration authorities.

4. Can I travel outside of the US while my green card application is pending?
Yes, but it is important to consult with an immigration lawyer before doing so. You will need to obtain proper documentation, such as advance parole, in order to re-enter the US without abandoning your green card application.

5. Can I work in the US while waiting for my green card after marriage?
If you are already in the US with valid work authorization, then you can continue working while your green card application is pending. If you are currently abroad, you will need to wait until your application is approved before being able to legally work in the US.

6. Is it possible to expedite my green card application if I am married to a US citizen?
While there are certain circumstances that may allow for expedited processing, such as extreme medical emergencies or military situations, being married to a US citizen on its own does not guarantee that your application will be expedited.

In summary, the process of obtaining a green card through marriage can be complex and lengthy. After getting married, the foreign spouse must go through a series of steps and provide extensive documentation to prove the legitimacy of the marriage and their eligibility for a green card. The USCIS typically takes around 12-18 months to process these applications, but this timeline can vary depending on individual circumstances.

Throughout this process, it is important for couples to understand the eligibility requirements, stay up to date with any changes in laws or policies, and work closely with an experienced immigration lawyer. Additionally, maintaining open communication with USCIS and promptly responding to any requests or updates can also help expedite the process.

While waiting for a green card after marriage may seem daunting, it is crucial to remember that each case is unique and it is essential not to lose hope. With patience, proper preparation, and professional guidance, many couples are able to successfully obtain their green cards and build a life together in the United States.

Ultimately, getting married in order to obtain a green card should not be taken lightly. It is a decision that involves legal obligations and potential consequences if not done correctly. However, for couples who have genuine relationships and meet all eligibility requirements, obtaining a green card after marriage can lead to permanent