Navigating the complexities of the U.S. immigration system can be overwhelming, particularly for couples who are eager to secure a marriage-based green card. If you’re wondering how long to get green card after marriage, you’re not alone. Understanding the timeline, requirements, and procedures involved is essential for couples who want to plan their future together in the United States. This article provides comprehensive insights into the marriage green card process, including expected wait times and the steps needed to obtain one. Read on for more.
What is a Marriage Green Card?
A marriage green card, also referred to as a marriage-based green card, allows the foreign national spouse of a U.S. citizen or lawful permanent resident to live and work in the United States permanently. This type of green card serves as a pathway to permanent residency for couples whose marriages are legitimate and based on love and companionship.
To obtain a marriage green card, applicants must go through several steps involving paperwork, interviews, and approvals from U.S. Citizenship and Immigration Services (USCIS). It’s important to note that the timeline for obtaining this green card can vary widely depending on individual circumstances and current immigration policies.
Documents Needed to Apply for Green Card Through Marriage
Before beginning the application process, it’s crucial to gather all necessary documentation. The following list outlines the essential documents required to apply for a marriage green card:
- Marriage Certificate: a legally recognized document that proves the marriage.
- Proof of U.S. Citizenship or Legal Residency: this could be a copy of the U.S. spouse’s birth certificate, passport, or green card.
- Form I-130 (Petition for Alien Relative): this form is used to establish the relationship between the U.S. spouse and the foreign spouse.
- Form I-485 (Application to Register Permanent Residence or Adjust Status): for those already in the U.S. seeking to adjust their status.
- Financial Documents: evidence of the U.S. spouse’s financial capability to support the foreign spouse, such as tax returns, W-2 forms, or pay stubs.
- Photos: passport-style photographs of both spouses.
- Proof of Relationship: documentation demonstrating the legitimacy of the marriage, including joint bank account statements, photos together, and affidavits from friends and family.
Gathering these documents early can streamline the process and reduce the chances of delays in your application.
How Can You Obtain a Marriage Green Card?
The process for obtaining a marriage green card involves several key steps. Here’s a detailed, step-by-step breakdown of the process:
Step 1: Prepare and Submit Form I-130
The U.S. citizen or lawful permanent resident spouse must submit Form I-130 to USCIS. This form establishes the relationship and requests that the foreign spouse be granted a green card.
Step 2: Receive I-130 Approval
Once USCIS receives the I-130 petition, they will review it for completeness and accuracy. The processing time for Form I-130 can vary depending on various factors, including the service center handling your application and the current caseload.
Step 3: Apply for Adjustment of Status or Consular Processing
If the foreign spouse is already in the U.S., they can file for Adjustment of Status by submitting Form I-485. If they are outside the U.S., they will undergo consular processing by applying for an immigrant visa at a U.S. embassy or consulate.
Step 4: Attend an Interview
Most applicants are required to attend an interview at a USCIS office or consulate. During this interview, both spouses will be asked questions about their relationship to verify its authenticity and intentions.
Step 5: Receive the Green Card
If everything goes well during the interview and all required documents are submitted, USCIS will decide on the application. If approved, the foreign spouse will receive their green card, allowing them to live and work in the U.S. permanently.
How Long to Get Green Card After Marriage?
Understanding how long to get green card after marriage is essential for couples who want to plan their future together. The timeline for obtaining a marriage-based green card can vary significantly based on various factors, including the processing times at the service center and the completeness of the application.
On average, the process can take anywhere from 10 months to over 2 years. Some of the factors influencing the timeline include:
- USCIS processing times: these vary based on the service center handling the application.
- Completeness of the application: missing documents or information can delay processing.
- Interview scheduling: the availability of interview slots can affect the speed of the overall process.
Understanding the I-130 Processing Timeline
The following table provides an updated overview of the estimated processing times for Form I-130 by state as of 2024:
| State | Processing Time |
| California | 8-12 months |
| Texas | 9-14 months |
| Florida | 7-11 months |
| New York | 10-15 months |
| Illinois | 9-13 months |
| Virginia | 8-12 months |
| Pennsylvania | 7-11 months |
| Georgia | 8-14 months |
| Arizona | 9-13 months |
| Washington | 8-12 months |
| Massachusetts | 8-12 months |
| North Carolina | 9-14 months |
| New Jersey | 10-15 months |
| Ohio | 9-13 months |
| Michigan | 8-12 months |
Please note that these times are estimates and may change due to various factors, including changes in immigration policy or increased application volumes.
What is the Cost of Applying for a Marriage Green Card?
The cost associated with obtaining a marriage-based green card can vary based on the forms and processes involved. As of 2024, here are the typical fees:
- Form I-130: $535
- Form I-485: $1,140 (plus an $85 biometric fee for applicants aged 14-78)
- Total Estimated Cost: approximately $1,665 (this can vary based on individual circumstances and additional fees for other services).
It is essential to check the USCIS website or consult with an immigration attorney for the most up-to-date fee information, as fees can change over time.
Frequently Asked Questions
Can I Work While Waiting for My Green Card?
Yes, you can work while waiting for your green card. If you have filed Form I-485, you may also apply for an Employment Authorization Document (EAD), allowing you to work legally in the U.S. while your application is pending.
What Happens if My Green Card Application is Denied?
If your green card application is denied, you will receive a written notice explaining the reasons for the denial. Depending on the circumstances, you may have the option to appeal the decision or reapply for the green card.
Can I Travel Outside the U.S. While My Marriage Green Card Application is Pending?
Traveling outside the U.S. while your marriage green card application is pending can be risky. Leaving the country may be considered abandoning your application. It is crucial to consult with an immigration attorney before making any travel plans during this time.
How to Get a Green Card in the USA Without Marriage?
If you do not qualify for a marriage green card, other pathways are available for obtaining a green card. These include employment-based green cards, family-sponsored green cards, and refugee or asylum status. Each pathway has its own set of requirements and processes.
Conclusion
Understanding how long to get green card after marriage is crucial for couples seeking to establish their lives together in the United States. The process can be intricate, but with proper preparation and documentation, you can navigate it successfully.
If you need guidance through the marriage green card process, our law firm specializes in immigration law. We provide personalized assistance to ensure your application is handled efficiently and effectively.
Contact us today to learn more about how we can help you achieve your immigration goals and secure your future together!