From Vows to Green Card: The Timeline of Obtaining Permanent Residency Through Marriage

Have you recently tied the knot with your beloved spouse who is a U.S. citizen or permanent resident? Congratulations! Now, you may be wondering how long it will take for you to obtain your green card and fully embrace your newlywed life. The answer to this question is not a simple one as it depends on various factors. In this article, we will explore the timeline of obtaining a green card after marriage and shed light on the process, requirements, and potential delays. Whether you’re eagerly waiting for your green card or just curious about the process, keep reading to find out more.

Getting a green card through marriage is often seen as the most straightforward and quickest way for an individual to obtain permanent residency in the United States. It allows a non-citizen spouse to live and work in the country without any limitations, making it an attractive option for many couples. However, one common question that arises is, “How long does it take to get a green card after marriage?” The answer to this question varies depending on various factors, and understanding the process is crucial for those looking to secure their permanent residency through marriage.

Eligibility Requirements

Before we dive into the timeline of obtaining a green card through marriage, it’s essential to understand the eligibility requirements. The first requirement is that both partners must be 18 years or older and legally able to marry. Additionally, the couple must have a bona fide marriage, meaning that their relationship is genuine and not for immigration purposes only. This requirement helps prevent fraud marriages solely for immigration benefits.

The U.S citizen spouse must also meet specific income requirements to support their foreign-born partner. This ensures that they will not become a financial burden on the government. If the U.S citizen does not meet these requirements, they can use assets or co-sponsors to supplement their income.

Lastly, it’s important to note that same-sex marriages are recognized for immigration purposes in the United States. As long as all other eligibility requirements are met, same-sex spouses can also obtain a green card through marriage.

Types of Marriage-Based Green Cards

There are two types of green cards available under the marriage-based category: CR1 and IR1.
– Conditional Resident Green Card (CR1): This type of green card is issued when the couple has been married for less than two years at the time of filing their application.
– Immediate Relative Green Card (IR1): This type of green card is issued when the couple has been married for more than two years at the time of filing their application.

The main difference between these two green cards is that CR1 holders will receive a two-year conditional green card, and they must file a joint petition to remove conditions within the 90-day period before their green card expires. Meanwhile, IR1 holders will receive a full ten-year green card without any conditions.

The Timeline: How Long It Takes To Get A Green Card After Marriage

The timeline for obtaining a green card after marriage can vary depending on several factors such as current processing times, USCIS workload, and the completeness of your application. Generally, it can take anywhere from 10 months to 2 years to receive your green card. Let’s break down the process into different stages to better understand the timeline.

Stage 1: Filing the Petition

The first step in obtaining a marriage-based green card is for the U.S citizen spouse to file Form I-130, Petition for Alien Relative. This form establishes the relationship between the U.S citizen and their foreign-born partner and begins the immigration process.

Upon filing the petition, USCIS will send a receipt notice to acknowledge that they have received your application. You can expect to receive this notice within 2-3 weeks of filing.

Stage 2: Adjustment of Status or Consular Processing

After filing Form I-130, there are two paths that you can take:
– Adjustment of Status: If your foreign-born spouse is in the United States on a valid visa, they can apply for adjustment of status by filing Form I-485. This allows them to stay in the country with their pending green card application.
– Consular Processing: If your foreign-born spouse resides outside of the United States, they will go through consular processing. This involves completing additional paperwork and attending an interview at the U.S consulate in their home country.

The choice between adjustment of status and consular processing can significantly impact the timeline of obtaining a green card after marriage. Adjustment of status typically takes longer than consular processing because it involves additional steps, such as biometrics and an interview.

Stage 3: Biometrics Appointment

Once USCIS receives your application, they will schedule a biometrics appointment for your foreign-born spouse. This appointment is to collect fingerprints, photographs, and signatures for background checks. You can expect to receive a notice with the date, time, and location of the appointment within 4-6 weeks after filing.

Stage 4: Interview

If you are applying for adjustment of status, both spouses will have to attend an in-person interview at the nearest USCIS office. This interview is to verify the validity of your relationship and ensure that all eligibility requirements are met.

If you are going through consular processing, your foreign-born spouse will attend an interview at the U.S consulate in their home country.

Stage 5: Decision

After completing all necessary steps, USCIS will make a decision on whether

The Process of Obtaining a Green Card Through Marriage

For many individuals, getting married to a U.S. citizen or permanent resident is the quickest and most straightforward way to obtain a green card. However, the process of obtaining a green card through marriage can still be complicated and lengthy. In this section, we will break down the different steps involved in getting a green card through marriage.

Step 1: Filing the Petition

The first step in obtaining a green card through marriage is for the U.S. citizen or permanent resident spouse to file an I-130 petition with U.S. Citizenship and Immigration Services (USCIS). This petition serves as proof of the relationship between the married couple and establishes that they have a bona fide marriage.

The petition must include evidence of the marriage, such as a copy of the marriage certificate, joint financial documents, and photographs together. Additionally, both spouses must provide documentation to establish their identity and immigration status.

Once the petition is filed and accepted by USCIS, it will be assigned a priority date and forwarded to the appropriate USCIS service center for processing.

Step 2: Adjustment of Status or Consular Processing

After the I-130 petition is approved, there are two paths for obtaining a green card: adjustment of status or consular processing.

Adjustment of status applies if the non-U.S. citizen spouse is currently in the United States on a valid visa or has entered on an approved application for parole or humanitarian parole. In this case, they can apply for their green card by filing Form I-485 with USCIS.

Consular processing applies if the non-U.S. citizen spouse is outside of the United States or entered without inspection (i.e., crossed over without proper documentation). In this case, they will have to go through an additional step at their home country’s U.S. Embassy or Consulate to obtain an immigrant visa.

Step 3: Biometrics Appointment

Regardless of which path is taken, both spouses will be required to attend a biometrics appointment for background checks and fingerprinting. This appointment will usually be scheduled within a few weeks of filing the application.

Step 4: Interview and Decision

The final step in the process is the interview with USCIS. The interviewing officer will ask questions about the couple’s relationship and may ask for additional evidence to establish the validity of the marriage. They may also ask personal questions individually to determine if the marriage is genuine.

If USCIS is satisfied with all the evidence and answers provided, they will approve the green card application. If not, they may request further documentation or refer the case for review by an immigration judge.

Timeline for Obtaining a Green Card Through Marriage

The length of time it takes to obtain a green card through marriage can vary significantly based on several factors, including USCIS workload, visa availability, and whether any complications or issues arise during the process. In general, it can take anywhere from six months to two years or more to obtain a green card through marriage.

After filing Form I-130, it typically takes between 7-13 months for approval. If the married couple chooses adjustment of status, it can take another six months or more before receiving a green card. Consular processing timelines can vary significantly depending on factors such as time taken for an interview at the U.S. Embassy or Consulate and security checks.

Expediting Process

In some cases, individuals may be able to expedite their green card application process due to extenuating circumstances such as medical emergencies or job offers in the United States that require immediate relocation. To request an expedite, individuals must submit a written request with supporting evidence to USCIS.

Obtaining a green card through marriage can be a long and complex process, but for many, it is well worth the wait. It provides an opportunity for foreign citizens to reunite with their families in the United States and establish a secure future in this country. If you are considering obtaining a green card through marriage or have already started the process, it is crucial to stay informed about the latest requirements and procedures to ensure a successful application.

Q: How long does it take to get a green card after marriage?
A: The timeline for getting a green card after marriage can vary, but it usually takes between 10-38 months.

Q: Can I apply for a green card immediately after getting married?
A: Yes, you can apply for a green card as soon as you are officially married. However, it may take several months for the application to be processed and approved.

Q: What is the process of obtaining a green card through marriage?
A: The process involves completing and submitting an application form, attending an interview with a USCIS officer, and demonstrating that the marriage is legitimate.

Q: How long does it take to receive a work permit and travel document while waiting for a green card?
A: It typically takes around 5-7 months to receive a work permit and travel document after submitting your application for a green card through marriage.

Q: Can I speed up the process of getting a green card after marriage?
A: While there is no guaranteed way to speed up the process, hiring an experienced immigration attorney or providing thorough documentation can help expedite the process.

Q: Is there any way to track the progress of my green card application after marriage?
A: You can check the status of your application online through USCIS’s website or by calling their customer service center. Your attorney may also be able to provide updates on your case.

In conclusion, the timeline for obtaining a green card after marriage can vary greatly depending on individual circumstances and factors such as the current backlog at USCIS. On average, the process takes around 10-12 months from application to approval for those who are eligible for adjustment of status within the US. For those outside of the US applying through consular processing, the timeline may be longer.

It is important for couples to thoroughly understand the requirements and steps involved in obtaining a green card through marriage, as well as any potential challenges that may arise during the process. Seeking guidance from an immigration lawyer or accredited representative can greatly increase the chances of a successful application.

Additionally, staying informed and up-to-date on any changes in immigration policies or procedures is crucial for those going through this process. As evidenced by recent political shifts and changes in immigration laws, it is essential to regularly check for updates and consult with legal professionals if necessary.

While obtaining a green card through marriage can be a long and complex process, it ultimately leads to permanent residency in the United States – an invaluable opportunity for individuals seeking to establish a life with their loved ones in this country. With proper preparation, patience, and determination, many couples are able to successfully navigate this journey and achieve their dream of living together in the US