Green Card Through Marriage Processing Time

 

Getting a green card through marriage can be a relatively straightforward process if done properly. The length of time it takes to get a green card through marriage will depend on many factors including whether you will be adjusting status in the US or applying for an immigrant visa outside of the US.

 

In this guide, I’ll explain the process of getting a green card through marriage. I'll also go over the green card through marriage processing time.

 

If you have any questions, or if you need help with your marriage green card, please feel free to email me at Michael@AshooriLaw.com. I’m a US immigration lawyer and I would be happy to help you.

 

Overview:

 

1. Introduction to Getting a Green Card Through Marriage

2. Marriage Green Card Process

3. I-130 Overview and Processing Time

4. Marriage Interview

5. Consular Processing and Adjustment of Status Overview and Processing Time

6. I-751 Overview and Processing Time

7. Conclusion

 

1. Introduction to Getting a Green Card Through Marriage

 

If you are married to a US citizen or lawful permanent resident, you may be eligible to apply for US permanent residency (a green card). The basic idea is that through your valid and legitimate marriage to a US citizen or permanent resident, you can apply for a green card.

 

To apply, your US citizen or permanent resident spouse must file a Form I-130 with USCIS. Your spouse is the petitioner (person filing the petition) and you are the beneficiary (person benefiting from the petition).

 

To get a green card through marriage, there are 4 main requirements:

 

1. You must be married to a US citizen or permanent resident
2. The marriage must be legal, valid, and recognized in the place where it took place.
3. Your US citizen or permanent resident spouse must have income that is at least 125% of the federal poverty line
4. You cannot be inadmissible for immigration based on past criminal conduct, health, etc.

 

2. Marriage Green Card Process

 

The process of getting a green card through marriage has multiple steps. To properly understand the green card through marriage processing time, it is important to understand each of these steps.

 

• File Form I-130
• Marriage Interview
• Consular Processing or Adjustment of Status
• Conditional Permanent Residency
• File Form I-751

 

 

3. I-130 Overview and Processing Time

 

Average Processing Time: 6 – 12 months

 

• The I-130 is the first form that must be filed to apply for a green card through marriage
• Along with this form, you will submit evidence showing that you satisfy all of the requirements for a green card through marriage (such as your marriage certificate, pictures of you and your spouse together, tax returns etc.)
• The I-130 is signed by the US citizen or lawful permanent resident spouse.

 

4. Marriage Interview

 

• About 6 to 9 months after filing your Form I-130, USCIS may schedule an interview with you and your spouse.
• At this interview, the immigration official handling your case may ask you and your spouse questions to determine the legitimacy of your marriage.
• You should be prepared to answer questions regarding how you met your spouse, basic information about your spouse such as their birthday and their siblings, and other such information.

 

 

5. Consular Processing and Adjustment of Status Overview and Processing Time

 

Average Processing Time: 6 – 8 months

 

The next step in getting a green card through marriage is to either adjust status or go through consular processing.

 

Adjustment of Status:

 

• An adjustment of status is the process of adjusting from a non-immigrant status to immigrant status.
• To do an adjustment of status you must file a Form I-485 with USCIS.
• In order to do an adjustment of status, you must be in the US at the time of filing.
• The Form I-485 takes about 6 to 8 months to process.
• If certain situations, you can file your adjustment of status at the same time as the I-130. In order to do this, a visa must be currently available at the time of filing.
• Once the adjustment of status is approved, you are officially a US permanent resident.

 

Consular Processing:

 

• Consular processing is the process of applying for a visa at a consulate or embassy in a foreign country.
• If you are not physically present in the US at the time your I-130 is approved, you will likely do consular processing.
• To do consular processing, you will file a Form DS-260 online and will attend an interview at the appropriate consulate or embassy abroad.
• You must have an approved I-130 and a visa must be currently available.
• Upon a successful interview, you should receive an immigrant visa in your passport.
• Once you enter the US with your immigrant visa, you are officially a permanent resident.

 

6. I-751 Overview and Processing Time

 

Average Processing Time: 18 – 20 months

 

• If you become a US permanent resident through marriage within 2 years of marrying your US citizen or permanent resident spouse, then you first become a conditional permanent resident.
• As a conditional permanent resident, you have the same rights and privileges as an unconditional permanent resident, except that your status as a permanent resident expires after 2 years.
• To become an unconditional permanent resident, you must file a Form I-751 within 90 days before your conditional status expires.
• Once your I-751 is approved, you are an unconditional permanent resident.

 

 

7. Conclusion

 

Getting a green card through marriage can be a straightforward process if you know what to expect. The green card through marriage processing time will depend on multiple factors, including  whether you are doing an adjustment of status or consular processing, whether you are concurrently filing your I-130 with your I-485, and how quickly USCIS processes your case.

 

Green Card Through Marriage Processing Time Estimates:

 

• Concurrent filing of I-130 and I-485: 6 to 12-month average processing time.
• Separate filing of I-130 and I-485: 12 to 18-month average processing time.
• 1-130 and Consular Processing: 12 to 18-month average processing time.

 

Resources:

 

• How to get a Green Card Through Marriage: Step-by-Step Guide

 

• USCIS Check Case Processing Times

 

• I-485, Application to Register Permanent Residence or Adjust Status

 

• Consular Processing