How Long Does It Take To Get A Green Card After Marriage?

green card after marriage
If you marry a US citizen then you are generally allowed a Green Card. But how long after marriage?
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Sources

  1. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants
    This is the official USCIS page detailing eligibility for family-based green cards, including marriage-based green cards. It provides authoritative information on the process, requirements, and timelines.
  2. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html
    This U.S. Department of State page explains the family-based immigration process, including marriage-based green cards. It covers consular processing and visa issuance, which are key topics in the blog post.
  3. https://www.nolo.com/legal-encyclopedia/how-long-does-it-take-get-a-green-card-through-marriage.html
    Nolo is a reputable legal resource that provides detailed information on the timeline for obtaining a marriage-based green card, including factors that affect processing times, which aligns with the blog post's content.
  4. https://www.boundless.com/immigration-resources/marriage-green-card-processing-time/
    Boundless is a well-known immigration resource that breaks down the processing times for marriage-based green cards, differentiating between spouses of U.S. citizens and green card holders, which matches the blog post's focus.
  5. https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system-works
    This resource from the American Immigration Council provides an overview of the U.S. immigration system, including family-based immigration. It offers context and background information that supports the blog post's claims.

Key Points

  • Marrying a U.S. citizen or Green Card holder is the easiest way to obtain a Green Card, but the process can take from 10 weeks to over 3 years.
  • The timeline for a marriage-based Green Card varies based on factors like the sponsor's status (citizen vs. Green Card holder), location, and document processing speed.
  • Processing times differ: 10-17 months for spouses of U.S. citizens and 23-38 months for spouses of Green Card holders.
  • The USCIS offers marriage-based Green Cards with no annual visa quota, but the process still takes at least 10 months.
  • Two main application paths exist: consular processing (for spouses abroad) and concurrent filing (for spouses already in the U.S. on a K-1 visa).
  • Consular processing involves filing Form I-130 (7-10 months), followed by Green Card application (3-5 months), and an interview (1-2 months).
  • Concurrent filing for K-1 visa holders involves Form I-485 (1 month) and an interview (10-13 months) to adjust status.
  • USCIS conducts thorough verification of marriage legitimacy to prevent fraud, which impacts processing times.
  • Proper planning, patience, and reliable resources (or legal advice) are crucial for navigating the Green Card process smoothly.

Summary

Marrying a U.S. citizen or Green Card holder is the easiest path to obtaining a Green Card, but processing times vary widely—ranging from 10 months to over 3 years—depending on factors like your spouse's status and location. The process involves filing petitions, documentation verification, and interviews, with shorter wait times for spouses of U.S. citizens (10-17 months) compared to Green Card holders (23-38 months). While the process can be lengthy, proper preparation and reliable resources can help navigate it smoothly.

Marrying someone with a Green Card or US Citizenship is the easiest way to get a Green Card. However, it can take a long time.

How long does it take to get a green card after marriage?

The amount of time that it takes will depend on many factors about your situation and also how smoothly everything goes. However, you should expect it to take at least 10 weeks and can take up to 3 years (or more!)

The Timeline Required To Get A Marriage-based Green Card

There are thousands of couples getting married every year. Among those that do are foreigners that marry American citizens who want to start their journey towards U.S. citizenship. A foreign spouse is eligible for a marriage-based green card.

There’s no specific timeline available. Every situation and every marriage is unique. Different factors influence the timeline, including:

  • the documents submitted
  • whether you’re married to a green card holder or a U.S. citizen
  • where you currently live
  • the current location of the American spouse

The entire wait time for a marriage-based green card lasts between 9-36 months.

The USCIS (the United States Citizenship and Immigration Services) offers four types of green cards, and the marriage-based green card is one of them.

The American spouse starts by submitting a petition for the foreign spouse. A petition for an immigrant visa is presented first, followed by one for a green card.

Before the visa and green card are issued, an in-depth verification process is done by the USCIS. Therefore, processing the visa depends on how quickly the agency verifies the documentation.

One of the best things about the marriage-based green card is that there’s no limit to how many visas are issued per year, which means not waiting for a space in the quota. Nonetheless, you’ll still have to wait at least ten months for the entire process to be completed.

Marriage-based Green Card for Those Married to a U.S. Citizen

If you’re a foreigner and get married to a U.S. citizen by birth or via neutralization, then the visa process might take 10-17 months. But, of course, it takes a much shorter time if they live in the United States.

Marriage-based Green Card for Those Married to a U.S. Green Card Holder

It takes much longer for someone married to a U.S. green cardholder. If your spouse has a permanent residence in the United States as a green card holder, the approximate wait time is 29-38 months. If they don’t live in the U.S. due to personal or professional reasons, the approximate time frame is 23-32 months.

Marriage-based Green Card Process

This section explains the process from beginning to end to understand better what happens within the timelines.

In two scenarios, a green card can be applied for either through consular processing or via a concurrent filing with the USCIS.

1. Consular processing

If you’re a United States citizen married to a foreigner who lives abroad, you must undergo consular processing. The following are the steps one should expect.

  • Petition for Alien Relative (File Form I-130)

The first required step is filing a petition with the USCIS to bring an alien to America. Your spouse will be categorized as an “immediate relative.”

Form I-130 establishes the validity of a marriage to avoid fraudulent marriages. A citizen or the green card holder can sign the form as the sponsor, and the foreign spouse is termed the beneficiary. It takes approximately 7-10 months for the USCIS to confirm all the details in the documents.

  • Green Card Application

Officials at the National Visa Center get the form once the USCIS approves it, and they gather relevant documents to issue the green card. The process can take a minimum of 3-5 months. Afterward, the necessary paperwork is forwarded to the appropriate consulate or embassy.

  • Interview and Approval

The foreign spouse visits the relevant consulate to attend a green card interview. Some things need to be done before attending the interview, and they will be specified in advance. Then, the approval takes 1-2 months, and the foreign spouse can come into the U.S.

2. Concurrent filing with the USCIS

The process is much easier if the nonimmigrant spouse lives on a K-1 visa. Then, there’s no need to seek immigrant entry to the country, and only the legitimacy of the marriage needs to be established.

The K-1 process involves two steps. The first is to file Form I-485, an application to register permanent residence or adjust status, and it only takes one month. The second one is the interview and approval, which takes approximately 10-13 months to issue the green card.

Conclusion

Getting a green card is not a quick process. At first, the entire process may seem intimidating, but everything will go smoothly with proper planning and a little patience. First, however, it is essential to gain as much information as possible before getting started, using reliable online resources, or talking to an immigration attorney.

How Long Does It Take To Get A Green Card After Marriage? Quiz

What is the first form required for consular processing?
Which agency processes marriage-based green cards?
What is the approximate wait time for a green card if married to a U.S. green card holder?
How long does it typically take to get a marriage-based green card?
How long does the interview and approval process take for concurrent filing?
What is the purpose of Form I-130?
What is the approximate wait time for a green card if married to a U.S. citizen?
What is the easiest way to get a Green Card?
How long does it take for USCIS to confirm details in Form I-130?
What is the process called if the nonimmigrant spouse lives on a K-1 visa?

Frequently Asked Questions

How long does it typically take to get a marriage-based green card?

The timeline for obtaining a marriage-based green card varies depending on several factors, but it generally takes between 9 to 36 months. The exact duration depends on whether your spouse is a U.S. citizen or a green card holder, your current location, and the efficiency of the documentation process.

What is the difference in processing time for a green card if married to a U.S. citizen versus a green card holder?

If married to a U.S. citizen, the process typically takes 10-17 months. If married to a green card holder, the wait time is longer, approximately 29-38 months if the spouse lives in the U.S. and 23-32 months if they live abroad.

What are the two main processes for applying for a marriage-based green card?

The two main processes are consular processing (for foreign spouses living abroad) and concurrent filing with the USCIS (for nonimmigrant spouses already in the U.S. on a K-1 visa). Consular processing involves filing Form I-130 and attending an interview, while concurrent filing involves Form I-485 and an adjustment of status interview.

What is the first step in the consular processing for a marriage-based green card?

The first step in consular processing is filing a Petition for Alien Relative (Form I-130) with the USCIS. This form establishes the validity of the marriage and categorizes the foreign spouse as an 'immediate relative.' Approval of this form typically takes 7-10 months.

How long does the interview and approval process take for a marriage-based green card?

After submitting the necessary paperwork and attending the interview, the approval process usually takes 1-2 months for consular processing. For concurrent filing (adjustment of status), the interview and approval process takes approximately 10-13 months.

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