How Long Does it Take to Get a Marriage Green Card?
How long does it take to get a marriage green card? Tadeo & Silva Immigration Attorneys can provide answers to this question and more. Call for an appointment.
Author: Massiel Silva Tadeo, Founder, Tadeo & Silva
Author: Massiel Silva Tadeo, Founder, Tadeo & SilvaAttorney Massiel Silva Tadeo is a partner and owner at The Tadeo & Silva Law Firm. She specializes in removal (deportation) defense, family immigration, and hardship waivers. Updated on: February 15, 2023.
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When You Marry a US Citizen, How Long Does it Take to Get a Marriage Green Card?
Every year, thousands of Americans wed partners from other countries. As a result, the spouse born outside of the United States needs to apply for what is known as a marriage-based green card. A marriage green card is among many green card categories available.
A marriage-based green card or IR6 green card may be obtained by foreign nationals who marry US citizens or lawful permanent residents. But how long does the process to get a green card typically take?
The answer to that would depend on the circumstances. Once the United States Citizenship and Immigration Services (USCIS) gets all it needs, the process might take several months.
Also, the foreign spouse of a US citizen might expect to wait longer to get permanent residence status if they are currently residing outside of the United States.
This article discusses the specifics of getting a green card by marrying in the United States. We also provide a concise summary of every step and the average time that USCIS spends on each step.
What are the Factors that Can Influence the Marriage-Based Green Card Timeline?
The average time required to get a green card via marriage is between 7 and 15 months. Usually, obtaining a marriage green card relies on three primary criteria that affect the processing duration.
In most cases, the timing for obtaining a marriage green card will be affected by the following:
The Legal Status of the Petitioning Spouse
The petitioning relative must be a United States citizen or a lawful permanent resident to file a marriage green card application. The lawful status of the petitioning relative and other variables will affect the green card application process. Additionally, the spouse of a green card holder will have to go through a different process than the spouse of an American citizen.
The Location of the Alien Spouse
The location of the spouse seeking a green card seeking green card can also affect the green card timeline. Alien spouses outside the United States have a different application route than those in the United States.
USCIS Service Center
Lastly, the processing time for a marriage-based green card will vary depending on the US Citizenship and Immigration Services (USCIS) field office processing the application and the volume of applications they are handling at the time.
Since numerous other variables affect the processing time for a green card, completing papers correctly can play a significant role regardless of your category. For instance, you may need to fulfill some USCIS tax return requirements.
A lawyer can assist you in preparing and submitting the necessary documents for a green card application.
Immigrant Spouse Residing in the United States and Married to an American Citizen
Marriage-based green cards are processed the quickest for candidates living in the United States and married to United States citizens.
This is because the green card interview and approval take 1-2 months, while the application process takes 9-11 months. You can also submit your visa immigrant petition along with the adjustment of status application (Form I-485) to USCIS concurrently, along with supporting documentation and filing fees.
Usually, complete processing takes four steps, as follows.
Green Card Application
First, the US citizen spouse will file a petition for their foreign spouse for marriage. The petition typically includes:
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Form I-130A, Supplemental Information for Spouse Beneficiary
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Form I-130 Petition for Alien Relative
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Form I-485 Application to Register Permanent Residence or Adjust Status
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Form I-864, Affidavit of Support Under Section 213A of the INA
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Form I-131, Application for Travel Document (optional)
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Form I-765, Application for Employment Authorization (optional)
In 2-3 weeks, the USCIS will send a receipt notification with case numbers for your Form I-130 application. USCIS Case Status lets you check your case status online.
Biometrics Appointment
USCIS will schedule biometrics appointments for the foreign spouse after receiving your immigrant visa application, usually 3-5 weeks before your marriage interview.
Marriage Green Card Interview
USCIS will issue you and your spouse a green card interview notification 4–12 months after applying.
Green Card Delivery
Your green card should arrive 2-3 weeks after the interview, although it may take longer.
Foreign Born Spouse Married to a Citizen Spouse and Resides Abroad
Consular processing is the USCIS green card application process for spouses of US citizens who reside abroad.
Filing Form I-130
Forms I-130 and I-130A must be filed with the accompanying documents to receive a USCIS receipt notice within 2-3 weeks.
The National Visa Center Processing
After acceptance, USCIS will send the case to the National Visa Center (NVC) and then to the US embassy or consulate. This can take 3 – 5 months.
Medical Examination
It is mandatory that you have a physical examination conducted by a doctor on the State Department’s list of recognized practitioners in the country where the foreign spouse lives before your interview.
Interview at US Embassy/Consulate
An interview typically takes place one month after you receive the letter. The consular officer will then decide on your application for an immigrant visa, and you will be issued a visa to enter the country if successful.
If you have been married to your US citizen spouse for two years or less, you will receive conditional permanent residence once the consular officer approves your application.
Green Card Delivery
The foreign spouse will receive their marriage green card within six months after arrival.
The entire process usually takes 11-17 months.
Foreign Spouse Resides in the United States, and Their Spouse Is a Green Card Holder
In this case, you must apply for adjustment of status from USCIS.
Form I-130 Processing
Green card holders must file Forms I-130 and I-130A along with supporting documents. Form I-130 processing takes USCIS 11–15 months.
Visa Number Availability
When USCIS accepts Form I-130, the spouse seeking a green card must wait for a visa to become available under the F2A visa category. The United States Department of State has a visa bulletin that lists its availability.
Form I-485 Processing
A spouse who receives the visa number can apply with USCIS for an adjustment of status by filling out Form I-485 and the accompanying documentation. Approval can take 9 – 11 months.
Interview and Approval for Green Card
USCIS will arrange an interview within a month after completing your green card application. Both spouses must attend the interview.
The petitioner must have a medical checkup from a USCIS-approved doctor in the interview applicant’s country of residence.
Green Card Delivery
After approval, your green card will come by mail in 2–3 weeks.
The entire process takes 29–38 months.
The Applicant Is Married to a US Green Card Holder and Resides Overseas
To apply for a marriage-based visa outside the US, you must submit Form DS-260, the “Immigrant Visa Electronic Application.”
Form I-130 Processing
For approval, the petitioner (green card holder) must submit Form I-130 and Form I-130A, Supplemental Information for Spouse Beneficiaries.
Visa Number Availability (F2A category)
USCIS transfers your I-130 petition to NVC after approval.
A spouse of a green card holder must wait for the availability of an F2A visa and then await the assignment of a visa number.
Foreign spouse waiting times differ per nation. As such, it’s best to consult the visa bulletin.
NVC Processing
Foreign spouses may apply for green cards using visa numbers. NVC takes 3-5 months to process all forms and documentation.
Interview at US Embassy/Consulate
A foreign spouse will interview at a US Embassy or Consulate in their country after 1-2 months.
Green Card Delivery
The spouses residing abroad will obtain the actual marriage green card to their US address within six months of arrival.
Tadeo & Silva Immigration Attorneys Are at Your Service
Obtaining a green card via marriage can be challenging, but consulting with an experienced immigration attorney can simplify the process.
We can assist to get a green card or with any other immigration matter you may have. We can also answer your questions, such as “how will divorce or separation affect my immigration status?”
Call to schedule an appointment now to find out how we can help you realize your American dream!
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