The Ultimate Guide to Obtaining a Marriage Green Card: How Long Does the Process Really Take?

Marriage is often seen as one of the most significant and meaningful events in a person’s life. It symbolizes love, commitment, and a lifelong partnership. However, for many individuals who are married to someone from another country, marriage also comes with its own set of challenges and complications. One of these challenges is obtaining a marriage green card, which allows a foreign spouse to live and work in the United States permanently. But how long does this process take? In this article, we will explore the timeline and requirements for obtaining a marriage green card and provide insight on navigating through this important aspect of married life. So if you’re wondering “how long marriage green card?” then keep reading to find out.

The process of obtaining a green card through marriage to a U.S. citizen or permanent resident can be confusing and overwhelming. One of the most common questions that couples have when going through this process is, “How long does it take to get a marriage green card?” The answer to this question is not a simple one, as the timeframe can vary depending on several factors. In this article, we will discuss the details of the marriage green card process and provide an in-depth answer to the question, “How long does it take to get a marriage green card?”

The Marriage Green Card Process

The marriage green card process begins with the U.S. citizen or permanent resident spouse filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the U.S. citizen or permanent resident and their foreign-born spouse.
Once USCIS approves Form I-130, the foreign-born spouse can then apply for a marriage green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form allows them to change their status from a non-immigrant visa holder to a lawful permanent resident.
In addition to these forms, there are several other requirements that must be met in order for a foreign-born spouse to obtain a marriage green card. These include submitting evidence of a bona fide marriage proving that the couple has entered into a genuine and loving marital relationship, as well as completing medical examinations and attending an interview with USCIS.
Overall, the marriage green card process involves multiple steps and can be quite complex. Now let’s delve into how long this process typically takes.

The Timeline for Obtaining a Marriage Green Card

The timeline for obtaining a marriage green card can vary greatly depending on individual circumstances such as USCIS processing times, employment and family-based visa backlogs, and any potential complications with the application.
On average, it can take anywhere from 10 to 38 months to obtain a marriage green card. This timeline includes the processing times for both Form I-130 and Form I-485. However, these processing times can change at any time based on USCIS workload and other external factors.
To get a more accurate estimate of how long the process will take in your specific case, it’s helpful to learn about the different stages of the process and what factors may impact each stage.

Filing Forms I-130 and I-485

As mentioned earlier, the first step in obtaining a marriage green card is filing Form I-130. USCIS typically takes anywhere from 7 to 15 months to process this form. Once it is approved, the foreign-born spouse can then file Form I-485.
Form I-485 processing times vary depending on where the foreign-born spouse lives. If they live in the United States, they can expect the process to take approximately 8 to 14 months. However, if they live outside the United States, they must attend an immigrant visa interview at a U.S. embassy or consulate in their home country. This process can take an additional 6 to 12 months.

Requesting a Work Permit and Travel Document

During the marriage green card process, the foreign-born spouse may also request a work permit and travel document (Form I-765 and Form I-131 respectively). These forms allow them to work legally in the U.S. while their green card application is pending and travel outside of the country without jeopardizing their application.
It typically takes 4 to 6 months for USCIS to process these forms.

Completing a Medical Examination

One of the requirements for obtaining a marriage green card is completing a medical examination. The foreign-born spouse must undergo this examination with a USCIS-designated doctor, and the results are valid for only one year.
The time it takes to complete the medical examination varies and can depend on factors such as scheduling an appointment and obtaining necessary test results. However, on average, this process typically takes 1 to 2 weeks.

Attending an Interview

Once the marriage green card application is near completion, USCIS will schedule an interview with the foreign-born spouse and their U.S. citizen or permanent resident spouse. The purpose of this interview is to verify the legitimacy of the marriage and identify any potential red flags in the application.
The time it takes to schedule and attend this interview depends on USCIS workload and availability. It can take anywhere from a few weeks to a few months.

Potential Delays

It’s important to note that there are several factors that could potentially delay the marriage green card process beyond these estimated timelines.
For example, if USCIS requires additional evidence or information to approve the applications, it can cause significant delays. Additionally, if there are any mistakes or errors in the application, it may result in a Request for Evidence (RFE) from USCIS, which will

The Basics of the Marriage Green Card Process

A marriage green card, also known as a spousal visa, is a type of visa that allows a foreign spouse of a U.S. citizen or permanent resident to live and work in the United States as a permanent resident. This can lead to eventual eligibility for U.S. citizenship. The process for obtaining a marriage green card can be complex and time-consuming, but with proper preparation and guidance, it can be successfully navigated.

To begin the process, the U.S. citizen or permanent resident must first file an immigrant visa petition, Form I-130, on behalf of their foreign spouse with U.S. Citizenship and Immigration Services (USCIS). This serves as proof of the bona fide nature of the marriage and establishes the intention for the couple to permanently reside in the United States together.

Once USCIS approves the petition, it will be forwarded to the National Visa Center (NVC) for processing. The NVC will collect all necessary documentation from both parties to establish eligibility for a green card. This includes forms and supporting documents such as birth certificates, marriage certificates, proof of citizenship or permanent residency, and police clearance certificates.

The Role of Affidavits in Supporting Evidence

In addition to providing official documents, both parties will also need to submit affidavits from family members and friends attesting to the validity of their relationship. These affidavits serve as supporting evidence that proves the legitimacy of the marriage. They should include details about how long they have known the couple and their observations of their relationship.

Affidavits are especially important if there is any suspicion that the marriage was entered into solely for immigration benefits. They should provide specific examples of how the couple’s relationship is genuine and not just for show.

Adjustment of Status vs Consular Processing

After all necessary documentation has been collected, the foreign spouse will need to choose between two processing options: adjustment of status or consular processing. Adjustment of status is available to those spouses who are already living in the United States on a nonimmigrant visa, such as a student or work visa. They can apply for their green card without having to leave the U.S.

On the other hand, consular processing requires the foreign spouse to attend an interview at a U.S. consulate in their home country. This option is available to those spouses who are outside of the United States and do not have a valid nonimmigrant status.

The Interview Process

Whichever processing option is chosen, all marriage green card applicants must attend an interview at a local USCIS office. The purpose of this interview is for USCIS to determine whether the marriage is legitimate and whether both parties meet all eligibility requirements.

During this interview, both spouses will be separately questioned about their relationship and their individual background information. It is important for both parties to be honest and consistent with their answers. USCIS may also request additional evidence at this stage if they feel there is still insufficient proof of a bona fide marriage.

Successful completion of this interview will result in the approval of the green card application and issuance of a conditional green card valid for two years. After those two years, the couple will need to apply for removal of conditions on the green card in order to obtain a permanent green card that does not expire.

The Importance of Working with an Experienced Immigration Attorney

Navigating through the marriage green card process can be complicated and overwhelming, especially if there are any red flags or inconsistencies in one’s case. That’s why it’s crucial to work with an experienced immigration attorney who can guide you through every step and keep your case on track.

An immigration attorney can review all forms and supporting documents before submission, ensuring their accuracy and completeness. They can also provide valuable advice on how to prepare for the interview and what to expect. In case of any complications or issues with the application, an attorney can handle them efficiently and effectively.

Obtaining a marriage green card is a major milestone for couples seeking to live together permanently in the United States. The process may be lengthy and complex, but it is worth it in the end to have the opportunity to build a life together in the U.S.

If you are considering applying for a marriage green card, it’s important to understand all aspects of the process and work with an experienced immigration attorney who can help you navigate it successfully. With proper preparation and guidance, you can increase your chances of a smooth and successful green card application.

1) How long does it usually take to obtain a marriage-based green card?
Depending on the specific circumstances, it can take anywhere from 10 months to several years to obtain a marriage-based green card. Factors such as backlog, USCIS processing times, and the need for additional documentation can impact the timeline.

2) What is the average processing time for a marriage-based green card?
The average processing time for a marriage-based green card application is currently around 12-15 months. However, this can vary based on individual cases and external factors.

3) Is there a way to expedite the process of obtaining a marriage-based green card?
Yes, there are certain situations where an individual may be eligible to request an expedited review of their application. These are typically reserved for cases involving extreme hardship or urgent humanitarian reasons.

4) Can I apply for a work permit while waiting for my marriage-based green card to be processed?
Yes, if you have filed an application for adjustment of status and it has been pending for more than 180 days, you may be eligible to apply for an employment authorization document (EAD). This would allow you to work while your green card application is being processed.

5) What happens if my spouse and I divorce before my green card is approved?
If your divorce occurs before your green card has been approved, you may no longer be eligible for a marriage-based green card. However, there are some exceptions and options available depending on the specifics of your case.

6) Do I have to go through an interview as part of the process for obtaining a marriage-based green card?
In most cases, yes. USCIS typically requires both spouses to attend an in-person interview as part of the application process. This allows them to verify the authenticity of the marriage and evaluate the eligibility of the applicant.

In conclusion, obtaining a marriage green card can be a lengthy and complex process with numerous requirements and potential obstacles. It is crucial for couples to carefully plan and prepare for this journey, with a thorough understanding of the immigration laws and procedures involved. The duration of the entire process can vary depending on individual factors such as the type of green card application, country of origin, and current backlog in processing times. However, by following the necessary steps diligently and providing complete and truthful documentation, couples can increase their chances of success and ensure a smooth transition to permanent resident status. It is also important to note that maintaining a genuine and bona fide marital relationship throughout the process is essential to avoid any legal troubles or potential fraud accusations. Ultimately, attaining a marriage green card allows spouses to build a life together in the United States with more stability and security.

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Kelsey Garrison

Kelsey Garrison, our esteemed author and a passionate writer in the world of weddings and bridal fashion, has been an integral part of our website since its inception.

With a rich history in creating engaging content, Kelsey has consistently brought fresh insights and valuable information to our readers.

Starting in 2024, Kelsey made a significant transition to focus specifically on the "Wedding/Bridal Fashion, Wedding Tips" niche. This shift was driven by her desire to delve deeper into the intricacies of wedding planning and bridal fashion—a field that blends timeless elegance with contemporary trends.

Her articles are meticulously researched and designed to provide thorough answers and innovative ideas for all things wedding-related.