The journey to obtaining a marriage-based green card in the United States is a process filled with various steps and timelines, which can vary significantly based on several key factors. This comprehensive overview aims to shed light on the expected duration and critical stages of this process, offering insights for couples embarking on this path.
The Process for Marrying a U.S. Citizen
For those marrying a U.S. citizen, the process is relatively streamlined compared to other scenarios. Initially, the couple must file an I-130 application to establish the foreign spouse's eligibility for a green card. Following this, the application enters a processing phase, which includes a period for potential requests for evidence (RFEs) from U.S. Citizenship and Immigration Services (USCIS). On average, the entire process from filing to receiving a green card takes about 8 to 14 months if the couple resides within the United States. This timeline encompasses the filing of both the I-130 and the I-485 application for adjustment of status, the latter of which allows the foreign spouse to apply for permanent residency without leaving the U.S.
The Process for Marrying a Green Card Holder
Marrying a green card holder introduces a more prolonged timeline, especially if the applicant is inside the United States. Unlike spouses of U.S. citizens, spouses of green card holders may face a waiting period before they can file for adjustment of status (Form I-485), depending on visa availability. This waiting period is due to annual limits on the number of green cards available in this category. Currently, the process can take anywhere from 22 to 36 months, largely because of the need to wait for a visa number to become available.
Consular Processing for Spouses of Green Card Holders
For spouses of green card holders living outside the United States, the process involves consular processing. This method requires the I-130 petition to be approved by USCIS and then transferred to the National Visa Center (NVC) for further processing. The timeline for consular processing can range from 15 to 22 months. This duration includes the time needed for the NVC to process documents and for the applicant to attend a visa interview at a U.S. consulate or embassy. An important note for applicants outside the U.S. is the necessity of waiting for their visa category to become current, as per the monthly visa bulletin, before proceeding with the interview.
Key Takeaways
The timeline for obtaining a marriage-based green card is influenced by the applicant's relationship to the U.S. citizen or green card holder and their geographical location during the application process. Applicants marrying U.S. citizens generally face a quicker process, especially when applying from within the United States. In contrast, those marrying green card holders, particularly from outside the U.S., should prepare for a longer wait.
It's crucial for applicants to meticulously prepare their documentation and follow USCIS instructions closely to avoid unnecessary delays. Given the complexity and variability of the process, seeking guidance from an experienced immigration attorney or at platforms like Top Green Card can be invaluable in ensuring a smooth application process and in understanding the specific timeline applicable to one's situation.
The path to a marriage-based green card is a journey of patience and diligence. By understanding the expected timelines and preparing thoroughly, applicants can navigate this process with greater ease and clarity, moving closer to beginning their new lives together in the United States.
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