title How Long Does It Take to Bring a Spouse to USA

How Long Does It Take to Bring a Spouse to the USA? A Comprehensive Guide

Author: Massiel Silva Tadeo, Founder, Tadeo & Silva

Attorney 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. Published on: September 13, 2021, Last updated on: December 29, 2021.

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Approximately 20,000 couples become married per year and gain American citizenship annually. It is an exciting new beginning for them and their families.

However, it can be stressful as they wait for their green card to arrive in the mail or go through the process of applying at the U.S. Embassy in their home country. The process can take months or even years, depending on how quickly your case is processed.

The following guide will help you understand what steps are involved in becoming a permanent resident of the United States.

How Long Will My Spouse’s Immigration Process Take?

If you are married to someone who isn’t a citizen or legal permanent resident, your spouse will need to obtain a visa or a green card to join you in the United States. Bringing your spouse and other family members to the U.S. can be a complicated process, so you may wonder how long it will take.

If you are married to someone who isn’t a citizen or legal permanent resident, your spouse will need to obtain a visa or a green card to join you in the United States. Bringing your spouse and other family members to the U.S. can be a complicated process, so you may wonder how long it will take.

Fortunately, if you are already a United States citizen, the immigration process will likely be more concise than it would be for a permanent resident. Permanent residents’ applications tend to take longer, and their spouses and relatives are not promised visas or green cards.

Your spouse’s application could be approved within weeks or months, but it could also take several years. No matter when their application is approved, once your spouse receives approval, they will have to apply for a visa from the U.S. embassy or consulate in their home country. This step usually takes about six months.

Once your spouse has received their visa, they must travel to the U.S., where they will undergo an interview with a consular officer. If all goes well, your spouse will then receive their green card. Depending on how fast your application was processed, this could happen within days or months.

In some cases, however, the process could take much longer. For example, if your spouse does not qualify for any work permit, they will need to wait until they become eligible before being allowed into the country.

It is important to note that the length of time it takes to bring your spouse to the U.S depends on many factors.

 

Factors Influencing How Long It Takes to Get I-130 Approved

 

Depending on the petitioner/beneficiary connection, the time it would take to get authorization on Form I-130, an immigrant petition for Alien Relative might differ substantially. 

It is pretty tough to predict l-130 processing timeframes. However, understanding the differences between immediate relatives and family preference groups and the fundamentals of family-based immigration in the United States is incredibly useful. 

United States citizens’ immediate relatives (children, parents, and spouses) are eligible for immigrant visas. Approval for this takes an average of 5 to 9 months. However, this is average, and actual wait times can vary greatly.

As there is no visa restriction for an immediate relative category, there is a minimal wait. The following visa categories are for immediate relatives: 

  • IR-1: A U.S. citizen’s spouse
  • IR-2: A U.S. citizen’s unmarried kid under the age of 21
  • IR-3: A U.S. citizen adopts an orphan from another country
  • IR-4: Orphan to be adopted within the United States by a citizen of the United States
  • IR-5: Parent of a citizen of the United States who is at least 21 years old

How Fast Can You Get a Green Card Through Marriage?

The U.S. government reserves certain green cards for family members and direct relatives of U.S. citizens and permanent residents. One of these unique green cards is the marriage green card. The time it takes to obtain a marriage green card varies depending on the circumstances.

The green card procedure is influenced by various factors such as where you file, when you file, and whether the individual sponsoring their immigrant spouse for a marriage green card is a U.S. citizen or a lawful permanent resident (green card holder).

 

Average Processing Time for Green Card Through Marriage

Here are the average processing times for those who wish to obtain a green card:

Spouses of U.S. Citizens

The average timeline to acquire a green card is 10-17 months from start to finish.

If your spouse is a U.S. citizen and you are presently residing in the U.S., obtaining a marriage-based green card takes on average 10-13 months. Spouses of U.S. citizens who live in the U.S. can simultaneously file both the I-130 and the I-485 forms.

It takes an average of 11-17 months to acquire a marriage-based green card if your spouse is a U.S. citizen and you are presently living outside the U.S.

 

Spouses of Green Card Holders

Average timeline from start to finish: 23-38 months.

Spouses of green card holders must wait for a green card to be available; their sponsor submits form I-130 before they may apply for an immigrant visa petition in the U.S. at a U.S. consulate overseas.

An immigrant visa takes approximately two years to become accessible in most situations, and the entire procedure takes roughly three years. Citizens of Mexico, India, China, and the Philippines may have to wait a little bit longer.

If your spouse has an immigrant visa and presently resides in the United States, you should expect to wait between 29 and 38 months, at a minimum, to get your green card. Contact a green card lawyer to get legal help.

At our law firm, Tadeo & Silva, we believe that a solid attorney-client relationship is a key to success! Contact us today at (404) 993-8941 for a consultation and learn more about our immigration services.

Best Ways to Bring Your Spouse to the U.S.

The U.S. immigration laws include the K-3 visa. This one is for foreign spouses of U.S. citizens and allows them to cross the border while the I-130 petition submitted by the U.S. citizen is pending.

The K-4 visa is for minor children of spouses and lets them visit the United States with their parents who are U.S. citizens.

Although the K-3 and K-4 visas are non-immigrant visas, they allow their holders to become lawful permanent residents of the United States and acquire green cards.

 

Steps to Apply for Green Card After Marriage (National Visa Center Application)

 

Step 1: Establish the Marital Relationship (Form I-130)

The reason for this form, together with corroborating papers, is to demonstrate the existence of a legal marriage between the foreign spouse and the U.S. citizen.

The green card “sponsor” is the one who files the I-130. This is the spouse who is a U.S. citizen or a current green cardholder. The “beneficiary” or “green card applicant” is the spouse applying for a green card.

 

Step 2: Apply for an Immigrant Visa at the U.S. Citizenship and Immigration Services

Once the I-130 is approved, the beneficiary will need to apply for an immigrant visa. To do so, they will need to prove that they meet certain requirements. These requirements include having sufficient income, being able to support themselves financially, and proving that they have no criminal record.

 

Step 3: Attend the Interview for a Green Card and Wait for the Approval

The National Visa Center requires an interview for permanent resident status. Here, it is determined whether or not the marriage is genuine – history, daily tasks, activities, and future goals might be the topic of the question.

If the U.S. Citizenship and Immigration Services officer is satisfied with the immigrant visa interview answers, the spouse will be granted a marriage green card.

Requirements for Filing for Green Card Through Marriage

You can apply for U.S. lawful permanent residence, commonly known as a marriage-based immigrant visa or green card if you are married to a U.S. citizen or lawful permanent resident. You and your spouse must prove the following to be eligible under U.S. immigration law: 

  • You are lawfully married (civil marriage certificate)
  • Your marriage is genuine (not simply to become a green card holder)
  • The petitioning spouse has U.S. citizenship or lawful permanent resident status and that you are both unmarried (to anybody else)

 

What to Expect When Sponsoring a Spouse for a Green Card

 

You should consider a few scenarios when sponsoring a spouse for a green card.

  1. The immigrant is engaged to be married and lives in another country; the U.S. fiance is a U.S. citizen residing in the United States. 
  2. The immigrant is married and lives in another country; their spouse is a U.S. citizen who lives in the USA.
  3. The immigrant is married and lives in another country; their spouse is a U.S. citizen who lives in another country alongside the immigrant.
  4. The immigrant is married and lives in the States; the U.S. spouse is a lawful permanent resident of the U.S.
  5. The immigrant is married and lives in the United States, and the spouse is a lawful permanent resident of the United States. 
  6. After obtaining legal admission, the immigrant is married to a U.S. citizen who lives in the United States.
  7. After an unlawful entrance, residing in the United States, and married, the U.S. spouse is a U.S. citizen living in the United States.

How Much Do I Need to Bring My Spouse to the USA?

A minimum yearly income of $21,775 is necessary to sponsor a spouse or family member to become a green cardholder. This implies that the sponsor (a U.S. citizen or current green card holder) is not serving in the military, only financing one relative.

The income needs grow with the size of the family. Residents of Alaska and Hawaii will also pay more than residents of the 58 states, the District of Columbia, and U.S. territories.

 

Cost to Get a Green Card Through Marriage

The federal filing costs for a marriage-based green card application are $1,760 for a spouse who lives in the United States and $1,200 for a spouse outside of the United States (medical examination is not included).

 

Seek Legal Advice from an Immigration Attorney

 

At Tadeo & Silva Law Firm, the attorneys are here to help.

Our law firm is committed to providing outstanding outcomes and will help you through each stage of your immigrant visa application—whether you speak English or Spanish. Don’t hesitate to contact us at (404) 993-8941 or browse our official website for additional information.

We look forward to assisting you!

Tadeo & Silva Immigration Attorneys
3555 Koger Blvd Suite 120,
Duluth, GA 30096

(404) 993-8941

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