Green Card Renewal Processing Time

Tthe topic we will introduce in this article will cover the most relevant information related to processing times of a Form I-90, an application used to renew or replace a Permanent Resident Card (known as Green Card).

You need this handy plastic card to prove your lawful permanent resident status. When you want to renew your card, you should consider how long it takes to process it.

For example, you plan to travel abroad and want to secure your homecoming, or you have a hospital appointment in few months, and you want all the formalities to go smoothly.

This article will explain what you should know about Green Card’s processing time to make your other arrangements accordingly.

Green Card Renewal Application

If you are a lawful permanent resident (LPR), you need a Permanent Resident Card (known as a Green Card) to prove your work and residence authorization in the U.S.

It is good to know to which institution you need to go to handle your official business matters. In the case of Green Card and administrative actions connected to immigration cases, it is the designated agency of the Department of Homeland Security, named the U.S. Citizenship and Immigration Services (USCIS). As a rule, there is one specific application designed to renew or replace Green Cards – Form I-90, Application to Replace Permanent Resident Card.

You can start the renewal process by applying online or by mail.

Note: U.S. law obliges you to carry a valid Green Card with you at all times, so when your Green Card expires, you must initiate the renewal process.

Renew Your Green Card

To renew or replace a permanent resident card, you must use Form I-90, Application to Replace Permanent Resident Card. It is a U.S. Citizenship and Immigration Services form, that allows applicants to obtain, replace or renew a Green Card. In other words, to file a Green Card Renewal application, you need to submit this form. You may download the application and instructions directly from the USCIS website. You can submit it online or by mail.

An Application to Replace Permanent Resident Card, Form I-90, is a form that allows applicants to obtain, replace or renew a Green Card. However, you must remember that it depends on your Green Card’s expiration date. If you were issued a conditional Green Card (which is only valid for two years), you need to remove conditions by filling form other than Form I-90.

How long does it take to renew a Green Card?

To renew or replace a Green Card, you need to file Form I-90 correctly. USCIS will initially reply by mailing you a receipt notice that confirms receipt of your request.

Formally known as Form I-797C, Notice of Action, the receipt notice typically arrives 3 to 5 weeks after filing. It should contain a unique receipt number that you can later use to track your USCIS case. Processing times vary accordingly to the application service center and its caseload.

Relevant Processing Times

Biometrics Appointment Notice

After you file your application, petition, or request, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). It usually takes 4 to 6 Weeks from Filing Date. It will contain the date, time, and location of your biometrics appointment.

Biometrics Appointment Date

It usually takes 6 to 8 Weeks from Filing Date. It should be scheduled approximately 3 weeks after receiving the biometrics appointment notice. It will also include guidelines as to what you need to bring to the biometrics appointment.

Issuance of the New Green Card

After the biometrics appointment, USCIS will proceed with your green card renewal application. It usually takes 6 Months to 10 Months from Filing Date. After this, you should receive your new Green Card.

USCIS may sometimes expedite your Green Card renewal case. For more details contact our law firm.

It is necessary to know that USCIS service centers processing each type of a Green Card form are subject to change, depending on USCIS service centers’ workload. You can find more information on the USCIS website or contact our law firm for more details.

Current Processing Times

Green Card renewal processing time after filing Form I-90 will vary on the USCIS caseload, the service center location, or other situations. You can check actual processing times directly with USCIS. When choosing USCIS Service Center, time designation will appear.

The time range of the application process depends on how long it takes USCIS to process your case from the date they received it.

You may be surprised that some Service Centers have a wide time range, but remember that it all depends on the scheduling of your biometric appointment, the relevancy of supporting documents and if any background check is necessary.

Applications to renew your Green Card prepared without the required documents can result in processing times that are much longer. It is always a good idea to get a help of a law firm like ours, which specializes in immigration services.

Filing Form I-90 for your expired Green Card

  • Initial issuance or application to replace the Permanent Residence Card may take from 7 to 15 months.
  • 10-year renewal form may take from 3 – 12 months.

A unique receipt number that you receive at the beginning helps you to track your USCIS case.

How much does it cost?

The current renewal cost of your already expired Green Card is $540, which includes a $455 filing fee and an $85 biometrics fee (for your photo, fingerprint, and signature).

In some situations, you may be exempt from paying one or both fees if:

  • USCIS already issued your Green Card, but it never arrived.
  • Your Green Card contains errors made by the Department of Homeland Security.
  • You qualify for a fee waiver.

For more details contact our law firm. We will assess your eligibility for a filing fee exemption and help you with the possibility of reducing your Green Card Processing Time.

What is USCIS Form I-90 | Application for Green Cards

The following article is a deeper dive into understanding the process of renewing or replacing your Green Card if you are a Legal Permanent Resident (LPR).

The application for the most current version of the Green Card is USCIS’ Form I-90. Permanent residents with a Permanent Resident Card (Green Card) are obliged to carry the valid card with them at all times.

Section 264(e) of the Immigration and Nationality Act requires you to make sure you are following the law on this. It is something you cannot get away from. In this article, we explain how to file this USCIS application, how much does the whole process cost, how long does it take from start to finish, and more.

You need a Green Card if you plan to live and stay in the U.S.

A Green Card gives its holder the legal right to live and work in the U.S. permanently. It means that you have a permanent resident status, which provides you the right to apply even for government jobs. Green card holders also receive certain health, educational, and other benefits.

Green Card serves as physical proof of these eligibilities. Carrying your Green Card with you is ordered by law, so there is no choice to decide whether you should apply for one.

You must apply for renewal if your card will expire within 6 months or already has expired, you should replace your current Green Card if you legally changed your name or other biographic information, your card was issued but never received, was damaged, it was lost, stolen or destroyed, or you reached your 14th birthday.

How to renew or replace Permanent Resident Card?

You can apply for Green Card renewal or replacement by filing Form I-90, Application to Replace Permanent Residence Card. This is the main form you will use for getting a new Green Card.

There is an exception to this rule:

  • Form I-90 doesn’t apply if you are a conditional resident seeking to remove conditions on your Green Card – in this case, you use either Form I-751, Petition to Remove Conditions on Residence, or use Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status depending on reasons.

You can file your Form I-90 application either online or by mail. However, applicants requesting a fee waiver cannot file online. Want to know more about your Green Card renewal fee waiver eligibility? Contact our law firm for legal advice.

What Is a Form I-90?

Form I-90 is a 7-page application form issued by the Department of Homeland Security for you to submit to get your new Green Card. This application is filed by lawful permanent residents, as well as permanent residents in commuter status to renew or replace their Permanent Resident Cards.

Conditional permanent residents who obtained their status through marriage or entrepreneurship who need to replace a lost, stolen Permanent Resident Card also use Form I-90 to request a replacement green card only, but this is not a renewal.

The government agency responsible for handling immigration matters is called U.S. Citizenship and Immigration Services (USCIS). Forms with written instructions can be found on the USCIS website.

A Green Card renewal or replacement application can be completed electronically and the Form I-90 filing instructions can help you with this process. You can find the instructions on the USCIS website. You can use this form electronically, filling it on your computer, even if you wish to send your application by mail.

What documents do I need?

You should keep in mind that providing accurate information on Form I-90 and submitting relevant supporting documents is a must for your Green Card application. Always read carefully all the instructions attached, so you can take on the task with more confidence. Making mistakes may be costly and time-consuming.

The documents you need to submit depend on the reason you’re submitting the form.

  • For lost, stolen Green Card you need ->photocopies of the Green Card, a government-issued ID card that correctly displays the photo, name, date of birth, and signature (this sounds obvious, but you will be surprised how often applicants forget to sign an application form);
  • When you are a commuter and travel from Mexico/Canada to the U.S. regularly you need ->Green Card; employment evidence and statement for at least the past 6 months;
  • Your immigration status was automatically converted to Green Card holder you need the following supporting documents for your Form I-90 ->ID cards showing your name, evidence of temporary-resident status (Form I-797, Form I-700), photo, date of birth, and signature.

Please remember:

You should submit clear photocopies of documents requested unless the Instructions from Form I-90 clearly state that you must submit an original document. U.S. Citizenship and Immigration Services (USCIS) may request an original document at the time of filing, or at any time during the processing of an application, petition, or request. It will be returned to you when USCIS no longer needs it.

If you submit to USCIS Green Card Form I-90 supporting documents with information in a foreign language, you must also submit a full English certified translation. For more info contact our law firm for legal advice.

File form I-90

You can choose between two main options when filing Form I-90 to replace your Green Card. You can either do this online or by mail (post). The first option requires you to create a USCIS online account. Having an online account grants you with the possibility of:

  • Paying your filing fee online;
  • Checking the status of your ongoing case;
  • Receiving notifications and other updates;
  • Viewing personalized completion date estimates;
  • Responding to requests for evidence promptly;
  • Managing your contact information (e.g., updating your address).

Online or mail

Having an online account with USCIS allows you not only to pay the filing fee by credit card but also to track your case with this government agency and respond in no time. However, we understand that sometimes you may not want to want to file your documents online for many reasons.

Even though you choose to Replace Permanent Resident Card using regular mail, we can still help you to get it done safely and efficiently.

You can find the mailing address below:

  • Through the U.S. Postal Service (USPS)
    • USCIS, P.O. Box 21262, Phoenix, AZ 85036
  • Through DHL, FedEx, or UPS
    • USCIS, Attention: I-90, 1820 E. Skyharbor, Circle S, Floor 1, Suite 100, Phoenix, AZ 85034

Remember to sign and date your Form I-90. You can easily omit this detail when you fill in the form electronically.

  • Type or print clearly in black ink;
  • Answer all questions fully and accurately;
  • When a question does not apply to you, type or print “N/A” (not applicable) in the space provided for your response;
  • When your answer to a question is the number zero (0), type or write “none”;
  • When you need extra space to complete any item within this application, use the space provided in Part 8. Additional Information or attach a separate sheet of paper;
  • Type or print your name and Alien Registration Number at the top of each sheet;
  • Indicate the Page Number, Part Number, and Item Number to which your answer refers;

When filing Form I-90, remember that simple mistakes can cost you extra time and money. We can provide legal advice on the more effective way to file this form.

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How much does it cost to file Form I-90?

At this moment, USCIS charges a $455 filing fee on Form I-90 applications. The government agency also requires applicant biometric (fingerprinting for which you are invited on a special “biometrics appointment“), which carries a service fee of $85. Altogether filing fees should not exceed $540 (this doesn’t cover postage stamps if you choose U.S. postal services).

You can pay the filing fee electronically through Pay.gov if you apply online, or by money order or check, made out to “U.S. Department of Homeland Security” (written in full) or by credit card (by completing the additional form). You cannot pay by cash. For detailed information, please do not hesitate to contact our law firm.

How long does it take?

When you file Form I-90, Application to Replace Permanent Residence Card, after approximately 3 – 5 weeks, USCIS receives your application and ensures it is complete, they will inform you (in writing or by email), if you need to attend a biometrics appointment.

After filing Form I-90, Application to Replace Permanent Resident Card, your I-90 processing time can take anywhere from 8 to 10 months. This is an estimate. It may be less for some and longer for others. In unusual cases, USCIS will request additional information or may even schedule an additional interview.

If you think that your case is outside the normal processing times, you can contact our law firm for assessment and possible inquiry.

Additional info

Foreign address

USCIS will not mail you a Permanent Resident Card to a foreign mailing address. Therefore, if you are an alien commuter who continues to reside in a foreign territory, you may provide a foreign address. If you are an alien commuter who will take up actual residence in the United States, you need to provide a U.S. address.

Withdrawing your Form I-90

You have the right to withdraw your Form I-90 application to replace or renew your Green Card. However, you must submit a written request. Do not hesitate to contact us, if you need more details on this procedure, or any other instructions like the online account, help with gathering form supporting documents, or application to replace Permanent Resident Card in general.

Our immigration attorney will provide legal advice and instructions that will help you save your nerves and time.

If you find our article informative and engaging, we welcome you to look into related publications on our website. We tap into not only the Green Cards but also write on other immigration topics.

How to Get a Copy of a Divorce Decree? Divorce Decrees and Certificates

For Immigration Purposes, You Must Prove You Are Single Before Filing the I-130 or I-129F Petition

If you were previously married and now want a green card based on your current marriage or a K-1 fiancee visa, you’ll need to submit a divorce decree (also called a divorce certificate), an annulment certificate, or a death certificate for each previous marriage. If you already have these, you’re good to go with the marriage green card process. If not, this will help you get a copy of your divorce decree or what to do if the documents are not available.

What is a Divorce Decree?

A divorce decree is a court-ordered document that ends a marriage and outlines the terms of the divorce. Once the judge signs and files the decree, both spouses will receive a certified copy. If you and your spouse agree to your terms, the judge will review, sign, and file it as part of the court record.

Key Information in a Divorce Decree

  • Asset and debt division: How property, financial accounts, and debts are split between the former spouses.
  • Spousal support (alimony): Any ongoing financial obligations one spouse has to the other.
  • Child custody and support: Custody arrangements, visitation schedules, and child support.

Who needs to submit divorce decrees?

Both the sponsoring spouse (U.S. citizen or green card holder) and the spouse seeking a green card must submit a photocopy of their final divorce decree for each previous marriage when filing the I-130 spousal visa petition or the I-129F K-1 fiancee visa petition.

You will need to bring the original or certified copy to your green card or fiancee visa interview.

How to Get My Divorce Decree Copy

To get a copy of your divorce decree, follow these steps:

  1. Contact the Court Clerk: Reach out to the court in the county or city where you were divorced. The court clerk will guide you through the process of getting a copy. Court staff will assist you in retrieving case information, specifically by asking for the necessary details, such as the docket number and the completed request form.
  2. Provide Required Information: You’ll need to supply:
    • Full names of both spouses
    • Date and location of the divorce
    • Case or docket number, if available
  1. Pay the Fee: Courts charge a fee for certified copies of legal documents. The fee can be paid by credit card, money order, or check.
  2. Request Method: You can request the decree in person, by mail, or in some cases online.

What do I need to replace a divorce decree?

To request a new copy of your divorce decree you will need to provide the following information to the court or vital records office:

  • Full names of both spouses
  • Date of the divorce
  • County and court where you were divorced
  • Divorce case number (if available)
  • Reason for requesting the document (e.g. legal name change, remarriage)
  • Your driver’s license or state ID (and a copy for mail requests)
  • The state’s required request form (if applicable)

If you don’t have all the information, the court may charge an additional fee to search for your case.

Who can request a divorce decree?

In most states, divorce decrees are public records, so anyone can request a copy by paying the fee and submitting the required forms. However:

  • Signed Permission: Some states require a notarized letter or affidavit from one of the spouses involved in the divorce, authorizing the release of the decree to a third party.
  • Privacy of Settlement Agreements: If your divorce had a settlement agreement, the terms of the settlement may be sealed and not public.

Request from Your Attorney: If you had an attorney during your divorce, your lawyer may have a copy of the decree. While not required by law to keep client files forever, most states require attorneys to keep records for a minimum period. For example in Michigan: Attorneys must keep files for a minimum of five years (six years for tax records). After that period, the attorney must notify clients before destroying the files.

Divorce Records from Abroad

If your divorce was outside the U.S., find the issuing authority in your home country on the U.S. Department of State’s website. Select your country to see the address, fees, and process for getting an official copy.

More on Getting Divorce Documents

  • Store Your Documents Safely: Once you get a copy of your divorce decree or certificate, put it in a safe or secure digital storage.
  • Certified Copies: If you need to use these documents for legal purposes, you’ll probably need a certified copy, which has a stamp or seal on it.
  • Check Online: Many courts and vital records offices now have online portals to request documents. This will save you time and hassle versus mailing in or going in person.

What is a Divorce Certificate?

A divorce certificate is a simpler document than a divorce decree. While it proves the divorce happened, it doesn’t include the details of the divorce such as property division or custody arrangements. Instead, it has the names of both parties, the date of the divorce, and where it was granted.

When Do You Need a Divorce Certificate?

  • To remarry: Many states or countries require proof that your previous marriage was legally dissolved before issuing a new marriage license.
  • To change your name: After a divorce, a certificate may be required to go back to your maiden name or choose a new one.
  • For non-legal purposes: In some cases when the terms of the divorce aren’t relevant, a certificate will do as proof that the marriage is over.

NOTE: For Immigration purposes, it’s best to get the Divorce Decree. The Divorce Certificate may be sufficient for USCIS, but may not be sufficient for the US Embassy.

How to Get a Copy of a Divorce Certificate

If you need a copy of your divorce certificate, the process is different from getting a decree.

  1. Contact the Vital Records Office: Divorce certificates are issued by the state’s vital records department, not the court. Reach out to the vital records office in the state where the divorce occurred.
  2. Check if Available: Not all states issue divorce certificates, so check if your state does.
  3. Provide Required Info: You’ll need to submit the same info as for a decree:
    • Full names of both spouses
    • Date of the divorce
    • Location of the divorce
  4. Request a Copy: You can request a copy of your divorce certificate:
    • Online: Some states have an online portal for vital records.
    • By Mail: Fill out the forms and mail your request with the fee.
    • In Person: Go to the vital records office and request the certificate in person.

What’s the Difference Between a Divorce Decree and a Divorce Certificate?

  • A divorce decree is a detailed legal document issued by the court that includes all the terms and conditions of the divorce. It’s needed for legal purposes or to enforce the divorce.
  • A divorce certificate is a simpler document that proves the divorce happened, often used for non-legal purposes such as remarrying or changing your name.

Alternative Documents for Divorce Records

What to Do If You Can’t Get A Divorce Decree

If you can’t get an official copy of a divorce decree, submit both:

  • Notarized Personal Affidavit: A written statement of the facts of your marriage and why you can’t get an official copy.
  • Certified Statement from Government Agency: A statement of why your marriage certificate is not available.

FAQ’s

Privacy and Limitations

While many divorce records are public, divorce and marriage records have personal information. For that reason, some records may be sealed or redacted to protect the privacy of the parties involved. Also, the availability of records may vary if you get them from government sources or third-party websites, third-party platforms are not government-sponsored and may have incomplete data.

Having a copy of your divorce decree is important for many legal and personal reasons including immigration. Knowing how to get a certified copy fast will save you time and hassle. Keep your legal documents in a safe place so you won’t have to replace them.

Expert Legal Help At Herman Legal Group, LLC

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How Long Does It Take To Get The Marriage Green Card In U.S.?

If you’re married to a U.S. citizen or permanent resident and looking to obtain a green card, you’re probably wondering how long the process will take. The current average wait time for a marriage green card in 2025 is around 9.5 to 15 months, but that estimate varies based on several key factors within the marriage green card timeline:

If you’re married to a U.S. citizen or permanent resident and looking to obtain a green card, you’re probably wondering how long the process will take. The current average wait time for a marriage green card in 2025 is around 9.5 to 15 months, but that estimate varies based on several key factors within the marriage based green card timeline:

  • Whether your spouse is a U.S. citizen or green card holder
  • Whether you live in the U.S. or abroad
  • Application category and current USCIS or consular processing backlogs

Let’s break down the timeline and processing steps depending on your situation.

Introduction to Marriage Green Card

A marriage green card, also known as a marriage-based green card, allows the spouse of a U.S. citizen or lawful permanent resident to live and work in the United States. The green card process involves several steps, starting with filing Form I-130 to establish the marital relationship. Applicants must also submit supporting documents, such as a marriage certificate and proof of a bona fide marriage, and attend a green card interview. This process can be complex and time-consuming, but with the right guidance, couples can successfully navigate the system and obtain a marriage green card, securing their future together in the U.S.

Estimated Marriage Green Card Timelines Based on Your Circumstances

Your Spouse Is a…You Live…Estimated Time to Green Card
U.S. CitizenIn the U.S.The process typically takes ~9.5 to 15 months
U.S. CitizenOutside the U.S.The process typically takes ~18 to 24 months
Green Card HolderIn the U.S.The process typically takes ~35 to 42 months
Green Card HolderOutside the U.S.The process typically takes ~35 to 42 months

Do You Have to Be Married for a Certain Period Before Applying?

Contrary to popular belief, there is no minimum duration you must be married before you can apply for a green card. The key requirement is that your marriage is genuine (bona fide) and legally valid—not entered into solely for immigration benefits.

Understanding the Marriage Green Card Process: U.S.-Based Applicants

File Form I-130 (Petition for Alien Relative)

This form establishes the marital relationship between the petitioner (U.S. citizen or green card holder) and the beneficiary (foreign spouse).

  • Average I-130 Processing Time (2025): ~16 months
  • This varies by USCIS service center and the petitioner’s immigration status.

View Current USCIS I-130 Processing Times

If You’re Married to a U.S. Citizen and Living in the U.S.

You can file Form I-130 and Form I-485 (Adjustment of Status) concurrently.

  • Typical timeline: 9.5 to 15 months total
  • Work and travel authorization (EAD/AP) typically approved within 3–5 months
  • Interview may be scheduled toward the end of the process, leading to the approval of permanent residency status.

If You’re Married to a Green Card Holder and Living in the U.S.

You must wait until your visa category (F2A) becomes current on the Visa Bulletin before submitting Form I-485 if you are married to a lawful permanent resident spouse.

  • Typical timeline: ~35 months to 42 months
  • This includes I-130 processing plus waiting for your priority date to become current

Track the Visa Bulletin

Special Note on F2A Category Delays (2025 Update)

In recent months, the F2A category (spouses of green card holders) has faced increased backlogs. USCIS will not process your green card until your priority date is current, even if you’re lawfully in the U.S.

Processing Timeline for Spouses Living Outside the U.S.

If You’re Married to a U.S. Citizen

This process follows the Consular Processing route, involving:

  • I-130 approval (~14.3 months average)
  • National Visa Center (NVC) document collection
  • Interview at U.S. embassy or consulate

Note: Additional time may be needed due to local embassy backlogs, administrative processing delays, or the specific local USCIS field office handling the case.

If You’re Married to a Green Card Holder

You’ll also proceed via Consular Processing, but after a longer wait:

  • I-130 approval (~35 months)
  • Priority date must be current
  • Then NVC + consular interview

Priority and Availability

The priority and availability of marriage green cards depend on the applicant’s category. Immediate relatives of U.S. citizens, including spouses and unmarried children under 21, are given priority and do not have to wait for a visa to become available. In contrast, spouses and unmarried children of lawful permanent residents face a waiting period due to the limited number of visas available each year. This waiting period can range from several months to several years, depending on the applicant’s country of origin and the number of applicants in the category. Understanding these distinctions is crucial for managing expectations and planning accordingly.

Marriage Green Card Costs in 2025

Applicant Location

Total Cost Estimate

Inside the U.S.~$3,005
Outside the U.S.~$1,340

These include USCIS filing fees, medical exams, and related documentation. Legal fees, if applicable, are extra.

???? Important: USCIS has proposed major fee increases. Be sure to check the USCIS Fee Schedule before filing.

Step-by-Step Overview: The Marriage Green Card Process

1. Determine Eligibility

You may be eligible if:

  • You are legally married to a U.S. citizen or lawful permanent resident.
  • Your marriage is authentic (not fraudulent or for immigration gain).
  • You are not barred from applying due to past immigration violations or criminal history.

Some bars to eligibility (like unlawful presence or criminal offenses) may be waived in certain cases. A qualified immigration attorney can help you assess this.


2. Establishing the Marital Relationship (Form I-130)

  • Filed by the U.S. citizen or green card holder spouse
  • Typical processing time: 7–15 months, depending on USCIS workload and service center
  • Must include documents such as:
  • Proof of citizenship or permanent residence
  • Marriage certificate
  • Evidence of bona fide marriage (photos, joint accounts, etc.)

The U.S. citizen or green card holder must initiate the process by filing Form I-130 with supporting evidence:

  • Proof of citizenship or green card status
  • Marriage certificate
  • Evidence of a real relationship (e.g., joint finances, lease agreements, photos)
  • Proof of termination of any prior marriages

USCIS, as part of its immigration services, manages the process, ensuring all necessary documentation is provided to establish a genuine marital relationship.

Check USCIS I-130 Processing Times

USCIS Review & Biometrics Appointment

  • USCIS will process the petition and may issue a Request for Evidence (RFE) if more information is needed.
  • If applying from inside the U.S., you may be scheduled for a biometrics appointment to provide fingerprints and photos.

3. Concurrent Filing (for Certain Applicants)

If you are married to a U.S. citizen and already in the U.S., you can often file Form I-130 and Form I-485 (Adjustment of Status) at the same time. This is called concurrent filing and can significantly shorten your timeline.

If your spouse is a green card holder, you must wait until a visa becomes available in your category. The Visa Bulletin shows when your “priority date” becomes current.

Track the Visa Bulletin

Form I-485 can be filed concurrently with Form I-130 (if married to a U.S. citizen)

  • Key documents:
    • Form I-693 medical exam
    • Form I-864 Affidavit of Support
    • Optional: Form I-765 (work permit) and Form I-131 (travel permit)
  • USCIS typically schedules a biometrics appointment 2–4 weeks after submission
  • Interview: Usually scheduled 7–15 months after filing

4. Consular Processing (if spouse is abroad)

  • After I-130 approval, case is transferred to the National Visa Center (NVC)
  • Next steps:
  • File DS-261 (agent designation)
  • File DS-260 (immigrant visa application)
  • Submit supporting civil and financial documents
  • Complete medical exam with State Department-approved physician
  • Attend interview at U.S. embassy or consulate and receive your visa packet, which should not be opened as it is meant for Customs and Border Patrol upon your arrival in the U.S.
  • Final decision usually made within a week after the interview

5. Green Card Interview

Depending on your case, USCIS (or a U.S. embassy abroad) may require an in-person marriage green card interview to verify the authenticity of your marriage.

  • Inside the U.S.: Both spouses must attend.
  • Outside the U.S.: Only the immigrant spouse attends at a U.S. consulate.

Be prepared with original documents, proof of your relationship, and answers to detailed questions about your life together.

 

6. Receive the Decision

After the interview (or sometimes without one), USCIS or the U.S. consulate will issue a decision:

  • Approved: You receive your green card, signifying your lawful permanent resident status.
  • Denied: You may be able to appeal, file a motion to reopen, or reapply with additional evidence.

7. Receive Your Green Card

  • If approved inside the U.S., you become a permanent resident immediately.
  • If approved abroad, you’ll enter the U.S. with your immigrant visa and become a green card holder upon arrival.

You’ll first receive a conditional green card (valid for 2 years) if your marriage is less than two years old at the time of approval.

What Can Delay the Marriage Green Card Process?

  • Missing or incomplete documents
  • Requests for Evidence (RFEs)
  • Scheduling delays at USCIS or consulates
  • Backlogs in visa availability (especially for spouses of green card holders)
  • Security checks or background issues

Potential delays can occur at various stages of the entire process, from the initial submission of forms to the final approval. Understanding these potential delays can help applicants better prepare and manage their expectations.

What Happens if There Are Complications?

If you’re facing:

  • A denied petition
  • Immigration violations or unlawful presence
  • Prior removal or overstays
  • Death of a sponsoring spouse

… you may still have options. A qualified attorney can help explore waivers, humanitarian relief, or other remedies.

Do You Need an Immigration Attorney?

While you can file a green card application on your own, mistakes can lead to delays, denials, or even bars to re-entry. Seeking legal assistance from an experienced immigration attorney helps ensure:

  • Proper documentation
  • Timely and accurate filings
  • Strategic handling of complex issues
  • Interview preparation and RFE response support

 

Work Eligibility While Waiting

If Living Inside the U.S.

  • Eligible to apply for an Employment Authorization Document (EAD) with I-485 if you entered the U.S. on a nonimmigrant visa
  • EADs are typically processed within 3–6 months

If Living Abroad

  • Cannot work in the U.S. until green card is issued
  • Must complete consular processing and enter the U.S. as a lawful permanent resident first

Delays and What You Can Do

If You Applied from Inside the U.S.

  • Track your case online using the USCIS case status tool. You will need the receipt number from your receipt notice, which USCIS typically sends within two weeks after submitting your application.
  • Call USCIS at 1-800-375-5283 for updates
  • File a service request if your case is outside of normal processing times

If You Applied from Abroad

  • Check USCIS first if your I-130 hasn’t been transferred
  • Once at NVC, track progress via CEAC status checker
  • If awaiting interview, contact the embassy or consulate directly

Still No Answers?

  • Consider filing a FOIA request for access to your case file
  • Consult a qualified immigration attorney for further assistance

 

What if the beneficiary spouse entered the U.S. legally but overstayed their visa?​

If a foreign spouse lawfully entered the U.S. but overstayed a visa, applying for an adjustment of status still may be possible as long as marrying a U.S. Citizen.

If marrying a non-citizen, the overstayed period will play a significant role. So, if you overstayed your marriage visa for more than:

·        180 days (but still less than 1 year), you are subject to a 3-year bar if you depart the United States.

·        1 year, you are subject to a 10-year bar if you depart the U.S.

So you may conclude that given bars may exclude consular processing and your only option is to adjust status from within the United States so that the correspondent processing times would apply. Additionally, Customs and Border Protection (CBP) plays a crucial role in this process. Upon arrival in the U.S., individuals must present the necessary documentation to CBP, which has the authority to either issue the green card or deny entry if qualifications are not met, emphasizing the importance of border protection.

What if the beneficiary entered the U.S. without inspection?​

If you entered the country without inspection, you would have to leave to be eligible to be granted a Green Card. Unlawful presence in the U.S. can lead to 3 or 10 years of bars from coming back if you leave. This is when you will need to file an I-601A waiver. If approved, you will be granted a pardon for your unlawful presence. This way, the consulate officer will not deny your application based on the grounds of unlawful presence in inadmissibility.

You can file the I-601A waiver while you are still in the U.S. Once approved, you will receive a notice for a scheduled interview, and then you may leave the country.

So, how long does it take to get the approval of I-601? It depends, but the processing time of the I-601A waiver can take about 12 to 18. In addition, it takes another three months for the interview to be scheduled.

But note that the I-601A Waiver can only be filed after your I-130 is approved

Documents and Evidence

To apply for a marriage green card, couples must submit various documents and evidence to prove the legitimacy of their marriage. Essential documents include a marriage certificate, birth certificates, passports, proof of income, and proof of employment. Additionally, couples should provide joint bank account statements, tax returns, and other financial documents to demonstrate their financial interdependence. Affidavits from friends and family members who can attest to the genuineness of the marriage are also valuable. Thorough and accurate documentation is critical to avoid delays and ensure a smooth application process.

Same-Sex Marriage Green Card

Same-sex couples can apply for a marriage green card following the same process as opposite-sex couples. This involves filing Form I-130 and submitting supporting documents, including proof of marriage and financial interdependence. Same-sex couples must also attend a green card interview, where they will be questioned about their relationship and marriage. The eligibility criteria for same-sex couples are identical to those for opposite-sex couples, requiring that they be married to a U.S. citizen or lawful permanent resident and meet all other requirements, such as being at least 18 years old. With equal treatment under immigration law, same-sex couples can confidently pursue their marriage green card.

Path to Citizenship

After obtaining a marriage green card, the foreign spouse can apply for naturalization (U.S. citizenship) after three years of continuous residence as a permanent resident, which is faster than the usual five-year requirement for other green card holders. To be eligible for naturalization, the foreign spouse must meet specific requirements, including proof of continuous residence, good moral character, and language proficiency. They must also pass a citizenship test and attend an interview with a USCIS officer. With the right guidance and preparation, foreign spouses can navigate the naturalization process and achieve their goal of becoming U.S. citizens, further solidifying their place in their new home.

FAQs on How Long it Takes to Get Marriage Green Card

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

The marriage green card processing time depends on several factors, including:

1. Whether the U.S. petitioner is a U.S. citizen or green card holder

  • U.S. citizen spouse: This is the fastest route.
  • Green card holder (lawful permanent resident) spouse: Processing takes longer.

2. Whether the spouse is inside or outside the U.S.

  • Inside the U.S.: The process is called Adjustment of Status (Form I-485).
  • Outside the U.S.: The process goes through Consular Processing.

Approximate Timelines

✅ Married to a U.S. Citizen

  • Spouse inside the U.S. (Adjustment of Status): 10 to 14 months (on average)
  • Spouse outside the U.S. (Consular Processing): 12 to 18 months

✅ Married to a Green Card Holder

  • Spouse inside the U.S.: 18 to 36 months
  • Spouse outside the U.S.: 24 to 36 months

How much does a marriage green card cost?
Costs range from $1,340 to over $3,000, depending on where the applicant is located and whether an attorney is used.

How long does it take to bring spouse to usa?
Consular processing for an overseas spouse typically takes 12–18 months for U.S.-citizen cases and 2–3 years (or longer) for green-card-holder cases, depending on visa-bulletin backlogs and country of chargeability.

How long do you have to be married to get a green card?
You can file immediately after a bona-fide marriage; there is no minimum-length-of-marriage rule.

How long after marriage can i apply for green card?
As soon as you have your certified marriage certificate and the required supporting documents—you don’t need to wait.

What are the key eligibility requirements?

  • A valid and bona fide marriage
  • Legal entry to the U.S. (if applying from inside the country)
  • No major criminal or immigration violations
  • Sufficient financial support from the sponsoring spouse

What can delay the process?

  • Missing documents
  • Incomplete forms
  • Requests for Evidence (RFEs)
  • Backlogs at USCIS or U.S. consulates
  • Security clearance issues

Can I work while my green card is pending?
Yes, if you apply for and receive a Work Authorization Document (EAD) with your I-485 application.

Can I travel while it’s pending?
Only if you receive Advance Parole. Traveling without it may cancel your green card application.

What happens if my spouse dies during the process?
You may be eligible for a widow(er) petition or other humanitarian relief. This is a complex legal issue—consult an attorney.

How long until I can apply for U.S. citizenship?

  • 3 years after receiving your green card if married to a U.S. citizen
  • 5 years for all others

What is the CR1 visa processing time in 2025?
The CR1 (Conditional Resident) visa, for marriages under 2 years, typically takes 12–15 months on average.

Should I hire an immigration attorney?
While not required, an experienced attorney can ensure accuracy, reduce delays, and provide peace of mind—especially in complex cases.

How long does it take to get a marriage-based green card if the spouse is a U.S. citizen?
If both spouses live in the U.S., it generally takes 10 to 15 months from the time of filing Form I-130 and I-485 concurrently (adjustment of status). If the foreign spouse lives abroad, it typically takes 18 to 24 months through consular processing.

How long does it take to get a marriage-based green card if the sponsoring spouse is a green card holder?
If the foreign spouse is in the U.S., the timeline is about 35 to 42 months depending on visa bulletin availability. If the foreign spouse is abroad, consular processing can take 35 to 42 months months, also depending on visa bulletin movement and country of chargeability.

What is the fastest way to get a marriage green card?
The fastest route is typically adjustment of status in the U.S. when the petitioner is a U.S. citizen, allowing for concurrent filing and faster scheduling of the green card interview.

What are the stages in the marriage-based green card process?

  1. Petition Filing: Form I-130 (Petition for Alien Relative)
  2. Processing & Approval
  3. Either Adjustment of Status (Form I-485) if inside the U.S. or Consular Processing if abroad
  4. Biometrics Appointment
  5. Interview
  6. Green Card Issuance

What is concurrent filing, and how does it affect the timeline?
Concurrent filing means submitting Forms I-130 and I-485 together when the foreign spouse is in the U.S. and eligible. This speeds up the process by allowing USCIS to adjudicate both forms together, often leading to a green card in 10 to 15 months.

What is the visa bulletin, and why does it matter for green card timelines?
The visa bulletin, published monthly by the U.S. Department of State, determines green card availability for certain categories. Spouses of green card holders must wait until a visa is “current,” which can delay the process significantly.

How long does it take to receive a green card after the marriage interview?
If approved, the green card is typically issued within 1 to 4 weeks after the interview. However, USCIS may issue a Request for Evidence (RFE), which could delay the process.

How long does it take to get a marriage-based green card if the case receives a Request for Evidence (RFE)?
An RFE can add 1 to 6 months or more to the timeline, depending on how quickly you respond and how long USCIS takes to review the new information.

Can delays be caused by errors or missing documents?
Yes. Incomplete forms, missing evidence, translation errors, or incorrect filing fees can cause RFEs or rejections, significantly delaying the process.

Do USCIS processing times vary by location?
Yes. Field office and service center backlogs vary widely, meaning a case filed in one region may process faster or slower than another.

What is the difference in timelines between conditional and permanent green cards?
If the marriage is less than 2 years old at the time of green card approval, USCIS issues a 2-year conditional green card. After that, you must apply for removal of conditions (Form I-751). The initial timeline is the same, but an additional 1-2 year process comes later.

How long is the wait for a green card interview?
Interview scheduling varies by location but usually takes 10 to 15 months after submitting your application.

Can I travel while my marriage-based green card application is pending?
Only if you apply for and receive Advance Parole (Form I-131). Traveling without it before your green card is approved can result in abandonment of your application.

Is premium processing available for a marriage-based green card?
No. USCIS does not offer premium processing for family-based immigration petitions like the I-130 or I-485.

Does a prior immigration violation affect the timeline?
Yes. If the foreign spouse has unauthorized presence, misrepresentation, or prior visa overstays, it can delay or prevent approval and may require a waiver, extending the process by many months.

How long does it take to receive a green card if applying from outside the U.S. (consular processing)?
On average, consular processing takes 16 to 24 months for spouses of U.S. citizens and 35 to 42 months for spouses of green card holders, depending on country-specific factors and NVC backlogs.

Can the marriage green card be expedited?
Only under very limited humanitarian or emergency circumstances, and approval is rare. Expedite requests must show severe hardship or urgent government interest.

Does marriage fraud investigation affect the timeline?
Yes. If USCIS suspects fraud, it may issue a Stokes interview (a second, more in-depth interview), or refer the case for investigation, which could delay the process indefinitely.

How long does it take to receive a green card approval notice?
Once USCIS approves your application, you typically receive the physical green card within 7 to 30 days, depending on mailing times and production delays.

If I am on a valid visa (e.g., F-1 or H-1B), does it speed up the process?
Not directly, but being in valid status allows you to file for adjustment of status without leaving the U.S., avoiding consular delays.

How long does it take to receive a work permit (EAD) and travel document after applying for a marriage green card?
Generally 3 to 6 months, though delays are common. These benefits are only available if applying through adjustment of status.

Can processing times be affected by political or policy changes?
Yes. Changes in USCIS leadership, executive orders, or policy memos can slow down or streamline processing times at any point.

How can I track the progress of my marriage-based green card application?
You can use the USCIS Case Status tool online with your receipt number. You can also check the processing times for your specific USCIS service center.

If I already have children, does it affect the processing timeline for my green card?
Not directly, but if you’re including your children as derivatives, the case may take longer due to additional steps and documentation required.

How long should I wait before contacting USCIS about a delay?
You can submit an inquiry if your case is outside the normal processing time, as listed on the USCIS Processing Times webpage.

Can I use my marriage green card to work immediately after applying?
Only if you receive a Work Authorization Card (EAD) while waiting. The green card itself provides permanent work authorization upon issuance.

What happens if my case is transferred between USCIS offices?
Transfers are routine but may add a few weeks to your timeline due to logistical delays in case reassignment.

Does applying during peak immigration seasons affect the timeline?
Yes. USCIS tends to experience higher volumes in certain months, like after tax season or before elections, which can increase processing times.

How long does it take to remove conditions after getting a 2-year marriage green card?
You must file Form I-751 within 90 days before your green card expires, and processing can take 12 to 18 months. During that time, you remain in legal status.

Can applying with a lawyer reduce the timeline?
While it doesn’t shorten USCIS processing, working with an experienced immigration attorney can prevent mistakes, avoid RFEs, and ensure a smoother process, which may indirectly speed things up.

Why You Should Consult with Attorney Richard T. Herman for Your Marriage-Based Green Card Strategy

Navigating the U.S. immigration system can be overwhelming—especially when it involves something as personal and life-changing as applying for a marriage-based green card. Mistakes, delays, or misunderstandings can cost you valuable time, money, and peace of mind. That’s why it’s critical to work with a seasoned immigration attorney who not only knows the law but also understands the emotional and cultural dimensions of your journey.

Richard T. Herman is that attorney.

With over 39 years of experience representing immigrant families across the country and around the globe, Richard has built a national reputation for delivering compassionate, strategic, and effective legal guidance. He and his team at the Herman Legal Group have helped thousands of couples—just like you—successfully navigate the marriage-based green card process.

Here’s why couples trust Richard Herman with their immigration future:

·        Deep Expertise: Richard is a nationally recognized immigration lawyer with extensive experience in family-based immigration law, including complex marriage-based green card cases involving waivers, inadmissibility, or prior immigration violations.

·        Strategic Guidance: From your initial filing to your green card interview, Richard’s team develops a customized strategy that reduces risk and anticipates government scrutiny.

·        Culturally Sensitive: Richard works with couples of all backgrounds—including LGBTQ+ couples and cross-cultural marriages—and treats every client with empathy and respect.

·        Proven Results: His track record of success spans thousands of green card approvals, USCIS interviews, and cases involving overseas consular processing.

·        Accessible Nationwide: Whether you live in Ohio, California, Texas, or overseas, Richard offers virtual and in-person consultations to make expert help available wherever you are.

Need Personalized Help?

Navigating the green card process can be overwhelming, especially when forms, timelines, and legal requirements vary depending on your situation.

For expert legal help, consider consulting a firm like Herman Legal Group, led by immigration attorney Richard Herman. With decades of experience in family-based immigration and a personalized approach, their team can help you:

  • Avoid delays and denials
  • Prepare for interviews
  • Respond to RFEs
  • Ensure all forms are properly filed
  • Has decades of experience in family-based immigration
  • Offers transparent case assessments
  • Fights for clients even in the toughest immigration cases
  • Communicates clearly and promptly—every step of the way

Don’t let uncertainty or fear derail your future together. Your marriage deserves the strongest possible legal foundation—especially when dealing with an immigration system that can be complex, inconsistent, and unpredictable.

Schedule your confidential consultation today with Attorney Richard T. Herman and take the first step toward a smoother, faster, and more secure marriage green card process.

Call 1-800-808-4013 or visit https://www.lawfirm4immigrants.com/ to get started.

A Guide On Step by Step Instructions Form I-485

USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status

Living apart from your family member must be challenging, so while thinking of bringing them to the United States, you can come across plenty of information. By, far you probably learned everything about the I-130 form and green card process, and what’s more, you indeed have filed the form already.

After you submitted Form I-130 (Petition for Alien Relative), the next step to take in the green card process is to submit Form I-485 Application for Adjustment of Status with U.S. Citizenship and Immigration Services (USCIS).

The purpose of filing form I-485 application is to prove that the foreign spouse or relative is eligible for U.S. permanent residency. Unlike the I-130 form, your spouse or relative has to sign I-485, and in this process, they are called the “applicant.”

It is good to know if you are an immediate relative of the U.S. citizen (such as a spouse of a U.S. citizen who entered the U.S. lawfully) who hasn’t filed your I-130 form yet, and you are present in the United States, you are eligible to apply both forms at the same time (this process is known as “concurrent filing”).

Before reading, note that information provided on this site is not legal advice, and provided instructions may vary from case to case. So, if you think that you will need help from an immigration lawyer who can advise you if you can file Form I-140 and Form I-485 at the same time, you can contact our law firm.

At Herman Legal Group law firm, we have an individual approach to our clients, assessing each situation thoroughly to provide the best legal help and answer all your concerns.

Contact us through our confidential online form, or call one of our locations to schedule a phone consultation with an immigration attorney who will provide the right answer to your questions.

Who is Eligible to Apply Form I-485, Application for Adjustment of Status?

The applicant of Form I-485 may be an immediate relative getting their green card (lawful permanent residence LPR).

There are seven major categories listed on the form that applicants can file an I-485 based on: family, employment, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. For more clarity, those categories are further divided into 27 sub-categories for clarity.

If your relative or spouse applies as the person “who directly qualifies for an immigrant category,” he or she is considered the principal applicant, and their family members (of the principal applicant) are considered derivative applicants.

The principal applicant must indicate which category (EB-1 A, B, or C) they seek approval for and must comply with all corresponding requirements. Eligibility requirements vary depending on which immigration category (such as EB-1A, EB-1B, or EB-1C) the applicant is seeking.

Derivative applicants have to apply for an adjustment of status based on the same immigrant category the principal applicant seeks approval for.

When it comes to a green card application for married couples, only if a foreign spouse is physically present in the United States upon entering the United States on a valid visa, he or she can file an I-485 to apply for a green card.

Additionally, an immigrant visa must be “immediately available” for the spouse who may happen in two cases: Form I-130 must have already been approved (for the spouses of a green card holder), or the I-130 and the I-485 forms must be concurrently filed (in the case of the spouse of a U.S. citizen).

Form I-485 Step by Step Instructions

If an applicant is legally present in the United States and approved for an adjustment of status, he or she can seek permanent residency status. For this purpose, the applicant will use Form I-485 to file for Adjustment of Status.

Besides, the applicants must be physically present in the US to file Form I-485. Otherwise, if they are outside the U.S, they must apply for a green card through consular processing.

The short overview of the Form I-485

Part 1– provide your Social Security number or USCIS Online Account Number, or enter “N/A” for “not applicable.”, “Date of Last Arrival,” I-94 number, if you have a valid visa or you are out of status if your staying permit has expired, etc.

Part 2– choose the basis of your eligibility for a U.S. green card.

Parts 3 through 7- provide more personal and immigration-related information (about parents, marital history, and children).

Part 8– most provided answers should be “no,” as they reflect grounds of inadmissibility. If you find yourself answering “yes” to some of them, consult an attorney from Herman Legal Group law firm.

As you can see, question 61 is related to the “Public Charge” ground of inadmissibility. If you have received public benefits, it doesn’t mean you’ve done anything illegal. Still, you will have to prove that you will not need such help in the future (exemptions are an asylee, refugee, special immigrant juveniles, U visas, and VAWA applicants).

Part 9– if you are disabled, you can ask for accommodations here, such as having a medical caregiver accompany you into the interview.

Part 10– requires your signature (parents can sign on behalf of children and fill in Parts 11 and 12);

Part 13– you shouldn’t fill it out before the interview.

Part 14 – provide you space to enter more information.

When To File Form I-485?

Principal applicants who want to file Form I-140 (for EB-1) approval can file an I-485 adjustment application after getting the approval notice of USCIS. An immigrant visa number is immediately available, or if there was concurrent filing allowed.

Derivative applicants who seek an adjustment of status can get Form I-485 approved only when the principal applicant is granted LPR status.

When it comes to principal applicants’ spouses and children (unmarried and under 21 years of age), they may file Form I-485 if an immigrant visa is immediately available to them and meet all the filing requirements. These applicants can file the I-485 form:

  1. Concurrently with the principal applicant’s application (concurrent filing)
  2. After the principal applicant files a Form I-485 that remains pending
  3. Upon USCIS approval of the principal applicant’s Form I-485 and at the time of the principal applicant’s Form I-485 approval (spouse or child)
  4. Upon the principal applicant obtaining an immigrant visa and entered the United States as an LPR, if the principal applicant is still an LPR and if at the time of his or her entry, you were the principal applicant’s spouse or child.

As it may seem, some parts of the form may be pretty tricky, but don’t worry. Within the immigration services that our law firm provides, we can also help you out with filing form I-485.

Documents to Support Form I-485

The applicant has to file an I-485 application with additional evidence. The aim is to prove that the applicant is eligible for a green card. The evidence the applicant has to submit may vary depending on the category and other factors, as well.

An applicant who prepare this adjustment of the status package will usually include:

  • Form I-485 —to claim immigration status and adjust the status of the permanent resident (green card holder).
  • Form I-130, Petition for Alien Relative — which is only for family-based applications and may be filed concurrently with Form I-485.
  • Form I-130A, Supplemental Information for Spouse Beneficiary
  • Form I-864, Affidavit of Support — if your application is a family-based petition (including K-1 fiancés), or an employment-based petition related to a business that is five percent or more owned by your family; Also, applicants must remove the public charge ground of inadmissibility (asylum and refugee applicants are exempted).
  • Form I-693 — provided by USCIS doctor, this form establishes that the applicant is not inadmissible to the United States on public health grounds.

There are two optional forms:

  • Form I-765, Application for Employment Authorization — to request employment permission. An adjustment of the status applicant is eligible to request work authorization.
  • Form I-131, Application for Travel Document — to obtain an advance parole travel document to re-enter the United States after traveling abroad.

The form we listed above is typically used for a family-based adjustment of the status package. Still, your situation may require some other, as well, such as a birth certificate, copy of your passport, passport-style photos, and a Notice of Action. Note that your answers in the application will determine what forms and documents you should submit with Form I-485.

If you seek to adjust status under section 245(i) of the Immigration and Nationality Act, you should use Form I-485 Supplement A.

What is Processing Time for I- 485?

The processing time for Form I-485 will vary based on the application, USCIS caseload, and the whether the adjustment of the status application package is filed accurately.

After you adequately filed Form I-485, USCIS will send you an email confirming that your application arrived. This receipt notice, usually coming within two to three weeks, is known as Form I-797C, Notice of Action.

If you don’t file Form I-485 properly, USCIS will reject the application by sending you a Notice of Action or, you can receive a Request for Evidence if USCIS needs additional documents. These are situations that will cause delays.

It is essential to correctly file your application package and submit all required supporting documents. Again, an experienced immigration attorney can help you.

Within two to three weeks after applying, you will receive a notice for a biometrics appointment.

Within five to eight weeks after filing, you will have a short biometrics screening.

Four to eight weeks after applying, you will receive a Form I-797, Notice of Action, to attend an interview to adjust your status as a permanent resident.

The next step is attending an adjustment of the status interview before the U.S. immigration officer, usually six to 12 months after filing I-485. You can get permanent residence right after the interview, or your green card may arrive about eight to 14 months.

In the event of a denial, USCIS will send you a notice explaining the reasons.

So, after having an insight on necessary steps that you will undertake after filing your Form I-485, Application to Adjust Status, you can see that I-485 processing time can take anywhere from 8 to 14 months. In addition, you can check your case status with your receipt number.

Where to File I-485

The place where you will file your Form I-485 depends on the eligibility category you belong to. For example, A K-1 fiancé(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiancé(e), will file their application to USCIS Chicago Lockbox.

What are Filing Fees for the I-485 Form?

Filing fees also vary depending on your category.

You can use a money order, personal check, or cashier’s check to pay the fee. If you use a check to pay the fee, you must make your check payable to the U.S. Department of Homeland Security.

At a USCIS lockbox facility, there is also the option to pay by credit card. For this purpose, you will have to use Form G-1450, Authorization for Credit Card Transactions.

On the USCIS website, you can find the Fee Calculator that will help you determine the fee that applies to your case.

How long you can stay in the United States depends on the information indicated on your Arrival/Departure Record:

  • Form I-94, Arrival/Departure Record, or
  • Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Record.

If you remain in the United States longer than the date indicated on your I-94, you become unlawfully present, leading to legal consequences. The U.S. Immigration and Enforcement have the authority to remove individuals who overstay.

If, as a nonimmigrant visitor, you remain in the United States after the approval duration of your stay, you will not be able to file for extensions, changes, or adjustments to the status. Moreover, you may be barred from re-entry for 3 to 10 years and eventually get your green card. Still, specific categories of applicants may be exempted.

Those are:

  • the spouse of a U.S. citizen,
  • the U.S. citizen’s children under age 21
  • the U.S. citizen’s parents if the U.S. citizten is 21 or older.

To adjust status after an overstayed visa, you must submit concurrently three applications:

  • Form I-130, Petition for Alien Relative;
  • Form I-864, Affidavit of Support; and
  • Form I-485, Application to Register Permanent Residence or Adjust Status.

Do I Need an Attorney for Filing I-485, Or Can I File It By Myself?

You file the I-485 form by yourself, no matter what grounds you file for, even if it applies to an employment-based green card. Still, as you could see through this article, the form is complex, and some might find it confusing. If not appropriately filed, an applicant can risk rejection or delay.

With proper instructions, you can avoid these costly mistakes. The best solution is to find a trustworthy lawyer who will ensure that your application will be approved and help you adjust your status.

We have been providing immigration services helping foreigners to adjust their status or apply for a green card. By contacting us, you will ensure that our immigration attorney will answer individual questions on form I-485 and any other concerns.

Some stages of the process can be complex, so having the attorney by your side at any time is an advantage and ensure the process goes smoothly.

The attorney can provide you with instructions, help you fill out the application, advise you on supporting documents that you need to enclose, ensure you do not miss any important date, help you get prepared for the interview, and lead you on how to prepare your application package properly. Most importantly, your attorney will be ready to answer any concerns raised at any stage of the process and adjust the strategy if needed.

There are other useful links to articles on our blog where you can learn about the green card process, but keep in mind that information on the site is not legal advice or affiliated with government immigration services.

Marrying a Non-US Citizen: Visa, Green Card & Legal Process Explained
international couple embracing on their wedding day

What Happens When You Want to Live with Your Fiancé in the United States

Congratulations, you found love! Now where will your happily ever after be? If you’re a U.S. citizen or have lawful permanent resident status you might be wondering if this can be in the United States. The answer is yes, but there is a process to follow, guided by U.S. Citizenship and Immigration Services (USCIS), if you want to live together in the United States.

Your non-citizen spouse will need their own marriage green card to come and live with you. Depending on the situation, the application process will be slightly different.

Here, we will go through specifics such as the current place of living, so before continuing to read this article, you may want to check your eligibility and learn more about a marriage-based green card.

If You and Your Fiancé Are Already in the United

If both you and your fiancé(e) are already in the U.S., your fiancé(e) likely has a temporary visa, such as a work visa or a visitor visa. The good news is that your fiancé(e) can transition from their temporary visa to a green card (lawful permanent residency) through a process called Adjustment of Status. This process allows them to remain in the U.S. while their green card application is being processed, avoiding the need to return to their home country.

Marriage in the U.S.

Before proceeding with your spouse’s green card process, you will need to get legally
married. Here’s how to prepare:

  • Marriage License Requirements: Each U.S. state has its own set of requirements for obtaining a marriage license. As a non-U.S. citizen, your fiancé(e) will typically need to present valid identification, such as:
    • A passport
    • Driver’s license or state-issued ID
    • In some cases, a birth certificate may be required to verify legal age.

If your fiancé(e) was previously married, they may also need to provide proof of their single status (e.g., a divorce decree or death certificate of a previous spouse). Additional requirements, like blood tests or waiting periods, may apply depending on the state.

To ensure compliance with local regulations, check the specific requirements in your county. You can refer to the Find Law guide on Marriage Licenses by State for more detailed information.

Marriage Abroad

If you’re marrying a non US citizen and planning to do so outside the U.S., it’s essential to understand the process for marrying a non US citizen and follow the local laws of the country where the marriage will occur. Generally, the U.S. will recognize marriages performed abroad as long as they meet the legal requirements of that country and do not violate U.S. public policies (such as laws prohibiting bigamy).

For information on specific countries’ marriage requirements, consult the Visa Reciprocity Schedule.

If You’re a U.S. Citizen

As a U.S. citizen, you have a streamlined option to help your spouse get a green card faster through Concurrent Filing. This method allows you to file both Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) at the same time, reducing the overall wait time for green card approval.

By using concurrent filing, your spouse can remain in the U.S. while waiting for the green card and even apply for work and travel authorization in the meantime.

Addressing Unlawful Presence

If your non-citizen spouse entered the U.S. legally (e.g., on a visa) but has since overstayed or lost their status, USCIS may waive the period of unlawful presence as part of the adjustment of status process. This means they can still apply for a green card without needing to leave the U.S., as long as they meet the eligibility criteria.

Entered Without Inspection (EWI) or Parole in Place

In cases where a non-citizen spouse entered the U.S. without a visa or parole (referred to as Entered Without Inspection, or EWI), they are generally not eligible to file for adjustment of status directly. However, certain individuals can cure their unlawful entry through Parole in Place (PIP) or by receiving Advance Parole:

  • Parole in Place is available to some spouses of U.S. citizens, including those married to active-duty or veteran members of the U.S. Armed Forces. It allows these individuals to remain in the U.S. and adjust their status without leaving the country.
  • Advance Parole is available for DACA holders and other non-citizens who need permission to travel abroad and re-enter the U.S. lawfully. After re-entering the U.S. on advance parole, some individuals can then file for adjustment of status.

If you believe these situations apply to you, it is important to explore your options carefully, as these cases can be complex. Working with an experienced immigration attorney can help ensure the process goes smoothly and in compliance with U.S. immigration laws.

Couple planning wedding & immigration process

Filing Process: Adjustment of Status

Once you are married, the next step is filing Form I-130 to establish your relationship and initiate your spouse’s green card application. The steps vary depending on whether you are a U.S. citizen or a lawful permanent resident:

Step 1: Determine Eligibility

Purpose: Ensure that you and your spouse are eligible to apply for adjustment of status.

Eligibility Requirements:

  • For the U.S. Citizen/Permanent Resident Spouse:
    • Must be a U.S. citizen or lawful permanent resident.
    • Must have a legally recognized marriage to the foreign national.
  • For the Foreign Spouse:
    • Must be physically present in the United States.
    • Must have entered the U.S. lawfully (e.g., with a visa or under the Visa Waiver Program).
    • Must not have violated any terms of their entry, though some exceptions may apply.

Step 2: File Form I-130, Petition for Alien Relative

Purpose: Establish the marital relationship between the U.S. citizen/permanent resident
and the foreign spouse.

Steps:

  • Complete Form I-130:
    • Download Form I-130 from the USCIS website and fill it out with information about both spouses.
  • Gather Supporting Documents:
    • Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, green card).
    • Marriage certificate to prove the relationship.
    • Evidence of any prior marriages being legally terminated (e.g., divorce decrees, death certificates).
    • Passport-sized photos of both spouses.
  • Submit Form I-130:
    • Send the completed Form I-130, along with the supporting documents and a filing fee of $675 (as of April 2024), to the appropriate USCIS address.
    • Wait for the receipt notice (Form I-797) confirming that USCIS has received your petition.

Step 3: File Form I-485, Application to Adjust Status (Concurrent Filing with I-130)

Purpose: Apply for the foreign spouse to become a lawful permanent resident (green card holder). You can file Form I-485 concurrently with Form I-130.

Steps:

  • Complete Form I-485:
    • Download Form I-485 from the USCIS website and fill it out with the foreign spouse’s information.
  • Gather Supporting Documents:
    • Copy of the Form I-130 receipt notice (Form I-797) if filing separately.
    • Copy of the foreign spouse’s birth certificate (translated if necessary).
    • Copy of the foreign spouse’s passport and visa or I-94 record showing lawful entry.
    • Marriage certificate.
    • Two passport-sized photos of the foreign spouse.
    • Form I-864, Affidavit of Support, completed by the U.S. citizen/permanent resident spouse to show financial support.
    • Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-approved civil surgeon.
  • Filing Fees:
    • The filing fee for Form I-485 is $1,440 (as of April 2024).
  • Submit Form I-485 (and Concurrent Forms):
    • You can file Form I-485 concurrently with Form I-130. Additionally, you can include OPTIONAL Form I-765 (Application for Employment Authorization) and OPTIONAL Form I-131 (Application for Travel Document) to allow the foreign spouse to work and travel while their green card application is being processed.
    • Filing Fees:
      • Form I-765 (Employment Authorization): $520.
      • Form I-131 (Travel Document): $630.
    • There are no fee waivers for these forms when filed concurrently with Form I-485.
  • Mail the Package:
    • Send the completed forms (I-130, I-485, I-765, and I-131), along with supporting documents and the appropriate fees, to the designated USCIS lock-box based on your location.

Step 4: Biometrics Appointment

Purpose: The foreign spouse will provide fingerprints, photos, and a signature for background checks.

Steps:

  • Receive Appointment Notice:
    • USCIS will send a notice with the date, time, and location of the biometrics
      appointment.
  • Attend the Appointment:
    • The foreign spouse must attend the appointment and provide the required biometrics.
    • Bring the appointment notice and a valid photograph ID.

Step 5: Attend the Adjustment of Status Interview

Purpose: A USCIS officer will review your application and interview both spouses to confirm the legitimacy of the marriage.

Steps:

  • Receive Interview Notice:
    • USCIS will schedule an interview at a local USCIS office. You will receive a notice with the interview date, time, and location.
  • Prepare for the Interview:
    • Bring original copies of all submitted documents, including:
      • Passports
      • Marriage certificate.
      • Birth certificates.
      • Proof of ongoing relationship (e.g., joint financial accounts, lease/mortgage documents, photos).
  • Attend the Interview:
    • Both spouses must attend the interview together.
    • The USCIS officer will ask questions about your relationship, marriage,
      and background.
  • Interview Outcome:
    • Approval: If the officer is satisfied, the foreign spouse’s green card application will be approved.
    • Request for Evidence (RFE): If more information is needed, USCIS may issue an RFE. Respond promptly with the requested documents.
    • Denial: If the application is denied, you will receive an explanation, and you may appeal the decision or reapply if possible.

Step 6: Receive the Green Card

Purpose: Once approved, the foreign spouse will receive a green card, granting them
lawful permanent resident status.

Steps:

  • Receive Approval Notice:
    • If your application is approved, USCIS will send an approval notice.
  • Green Card Delivery:
    • The green card will be mailed to the address provided on the application within a few weeks.
    • The foreign spouse can now live and work in the U.S. as a lawful permanent resident.

If You are a Lawful Permanent Resident

As a lawful permanent resident (green card holder), your spouse can eventually obtain permanent residency, but the process involves additional steps and a longer wait compared to U.S. citizens. Here’s what you need to know:

Maintaining Valid Immigration Status

One key difference for spouses of green card holders is that they must maintain valid immigration status while waiting to apply for a green card. This means your spouse will need to have a valid work, student, or visitor visa throughout the process. Without valid status, your spouse may face difficulties adjusting to permanent residency.

Additionally, the adjustment of status (Form I-485) cannot be filed immediately after submitting Form I-130. Your spouse must wait until a visa number becomes available, which is determined by the Visa Bulletin under the F2A category for family preference visas. You can check the current visa availability and priority dates on the Visa Bulletin issued by the U.S. Department of State.

Visa Numbers and Wait Time

U.S. immigration law caps the number of green cards issued each year for family preference categories, which includes spouses of lawful permanent residents. For spouses of U.S. citizens, visa numbers are always available because they are considered immediate relatives. However, spouses of green card holders fall under the F2A visa category, where there is a waiting list for visa numbers.

Here’s how the process works:

  1. Form I-130 Filing: You, as the green card holder, will file Form I-130 to start the process.
  2. Priority Date: After filing, your case will receive a priority date. This date determines your spouse’s place in line for a visa number.
  3. Visa Availability: Once your spouse’s priority date becomes current, a visa number will be available, allowing them to move to the next step—filing Form I-485 for adjustment of status.

The wait time for F2A visas can vary but typically ranges from a few months to several years. Currently, the process can take up to 2 to 3 years. During this waiting period, your spouse must maintain their visa status to avoid complications

Next Steps for Your Spouse

Once a visa number becomes available, your spouse can file Form I-485: Application to Adjust Status to become a lawful permanent resident. At this point, they can also apply for work authorization (Form I-765) and travel authorization (Form I-131), allowing them to work and travel while the green card application is processed.

Couple discussing legal & marriage documents

The 90-Day Rule for Adjustment of Status: What You Need to Know

When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial especially for those who plan on marrying a foreigner or who intend to marry a U.S. citizen or take other steps towards permanent residency shortly after entering the U.S.

What is the 90-Day Rule?

The 90-Day Rule is a USCIS policy to determine the intent of non-immigrant visa holders when they entered the United States. This rule is applicable to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.

The Presumption of Preconceived Intent: Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country. This rule is particularly relevant in cases of a US citizen marrying foreigner shortly after the foreign national’s arrival.

For example, if someone enters the U.S. on a tourist visa which is for short term visit and not for immigration purposes and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual really intended to go back to their home country or if they always planned to stay in the U.S. permanently.

Rebutting the Presumption: The good news is that the presumption of preconceived intent is rebuttable. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.

Some ways to rebut the presumption include:

  • Providing detailed explanation of circumstances: Applicants can explain the circumstances that led to their marriage or application for adjustment of status within the 90-day period. For example, if the marriage was spontaneous and not planned before entering the U.S., this should be clearly stated.
  • Offering evidence of changed circumstances: In some cases, events or circumstances may have changed after the individual’s arrival in the U.S. that prompted their decision to marry or apply for adjustment of status. Documenting these changes can help rebut the presumption of preconceived intent.
  • Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse and other individuals who can attest to the legitimacy of the relationship or change in circumstances can be helpful in rebutting the presumption.

What if the Presumption is Not Rebutted?

If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied.

In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.

What to Do If You Are Affected by the 90-Day Rule

If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:

  1. Seek advice: Given the complexity of U.S. immigration law and the consequences of denial, it’s highly recommended consult with an experienced immigration attorney before you take any step that can trigger the 90-Day Rule.
  2. Document your intent: If you decide to marry or apply for adjustment of status within the 90-day period, ensure you have all the documentation of your intent and the circumstances surrounding your decision. This documentation can be helpful in rebutting the presumption of preconceived intent.
  3. Be ready to provide evidence: USCIS may request additional evidence or an interview to review your case. Be ready to provide detailed explanation to prove that your actions were not pre-planned before entering the U.S.

How to Get Married in U.S. as a Foreigner?

  1. Check Legal Requirements:
    • Each U.S. state has its own marriage laws, so first find out the specific requirements where you plan to marry.
    • Generally, you need to be of legal age (usually 18+), and both parties must consent.
  2. Obtain a Marriage License:
    • You and your partner must apply for a marriage license at the local county clerk’s office.
    • You’ll need to provide identification (passport, visa, or driver’s license) and sometimes proof of legal entry or residency.
  3. Provide Necessary Documents:
    • Foreigners usually need a valid passport.
    • Some states may require additional documents like a birth certificate, divorce decree (if previously married), or a certificate of no impediment.
  4. Wait for the License to Become Valid:
    • Some states impose a waiting period (a few hours to a few days) between obtaining the license and when you can marry.
  5. Hold the Marriage Ceremony:
    • You can have a religious or civil ceremony.
    • The marriage must be officiated by someone authorized by the state (judge, clergy, or designated official).
  6. Register Your Marriage:
    • After the ceremony, the officiant files the marriage certificate with the county.
    • You can then request certified copies for your records or immigration purposes.

If You’re in the United States but Your Future Spouse Isn’t

If you’re living in the U.S. and your future spouse is abroad, marrying an immigrant in the US involves several options for bringing them to the United States. Choosing the right path depends on whether you are already married or planning to marry after they arrive.

Option 1: I-130 and Consular Processing

If you get married abroad, you can file Form I-130: Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS) to start the immigration process for your spouse. This process is called consular processing and will end with your spouse’s interview at a U.S. embassy or consulate in their home country.

Here’s how it works:

  1. Filing Form I-130: Once you file the I-130 petition with USCIS and it is approved, your case will be forwarded to the U.S. consulate or embassy in your spouse’s country.
  2. Consular Interview: Your spouse will undergo a medical exam and attend an interview at the U.S. embassy or consulate. The interview is a key step in the process, where your spouse will need to demonstrate the authenticity of your marriage and meet other immigration criteria.
  3. Receiving the Green Card: Once approved, your spouse will receive a visa to enter the U.S. as a lawful permanent resident (green card holder). Upon arrival in the U.S., their green card will be processed.

Processing Time: The entire consular processing timeline generally takes 18 to 24 months, but delays can occur, so it’s crucial to stay updated via the USCIS website.

Option 2: K-3 Visa (Spouse of a U.S. Citizen)

If you’re a U.S. citizen and have already filed the I-130 petition, you have the option of filing Form I-129F for a K-3 visa, which allows your spouse to enter the U.S. while the I-130 petition is still pending. Here’s what you need to know:

  • No Filing Fee: USCIS does not charge a fee for the K-3 visa petition, so filing it may provide a backup option in case the I-130 process takes longer than expected.
  • Is It Faster?: In most cases, the K-3 visa is not a quicker route because by the time the K-3 visa is ready for the embassy interview, the I-130 petition may already be approved. However, it is often recommended as an “insurance policy” in case the I-130 gets delayed.

Important Note: The K-3 visa is only available if the I-130 petition is still pending at USCIS during the K-3 interview. Once the I-130 is approved, your spouse will move forward with consular processing, making the K-3 visa redundant.

Option 3: K-1 Fiancé(e) Visa

If you’re a U.S. citizen and prefer to get married in the United States, your future spouse can apply for a K-1 visa, commonly known as a fiancé(e) visa. The process of marrying a US citizen involves several important steps to ensure legal entry and status adjustment. Here’s the process:

  1. Filing Form I-129F: Start by filing Form I-129F with USCIS. Once the petition is approved, your fiancé(e) can submit the DS-160 application at the U.S. embassy to obtain the K-1 visa.
  2. Entering the U.S.: Upon receiving the K-1 visa, your fiancé(e) can travel to the U.S. You must marry within 90 days of their arrival.
  3. Adjustment of Status: After the wedding, your spouse can file Form I-485 to adjust their status to a lawful permanent resident (green card holder).

Processing Time: The K-1 visa process typically takes 6 to 12 months.

Key Requirements for the K-1 Visa:

  • In-Person Meeting: Before applying for a K-1 visa, you and your fiancé(e) must have met in person at least once within the last two years.
  • 90-Day Deadline: After your fiancé(e) enters the U.S., you must marry within 90 days. If not, they may face deportation or be required to leave the U.S.

Once married, your spouse will need to attend a biometrics appointment and potentially an interview with USCIS. If they wish to work or travel outside the U.S. while the green card application is pending, they can apply for a work permit (Form I-765) or travel permit (Form I-131).

Temporary Separation and Timelines

Regardless of the option you choose, there will be a period of temporary separation while your spouse waits for their visa or green card approval outside the U.S. Keep in mind the following processing times:

  • K-1 Fiancé(e) Visa: 6 to 12 months
  • I-130 Spousal Visa (Consular Processing): 18 to 24 months

These timelines are subject to change, so be sure to check the USCIS website or consult with your immigration attorney for the latest updates.

Happy couple enjoying a swing outdoors

Detailed Step-by-Step Process for K-1 Fiancé Visa

Step 1: Filing Form I-129F – Initiating the Process

The first step is for the U.S. citizen (the petitioner) to file Form I-129F: Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that:

  • Both parties are legally free to marry (i.e., not currently married to anyone else).
  • The couple intends to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.

Along with Form I-129F, the petitioner must submit proof of the relationship (photos, communications, travel records, etc.) and evidence of meeting in person within the last two years (unless a waiver is requested). Approval of Form I-129F by USCIS indicates acceptance of the couple’s intent to marry but does not guarantee the issuance of a visa or entry into the U.S.

Step 2: Visa Issuance by the Department of State (DOS)

Once USCIS approves the I-129F petition, the case moves to the National Visa Center (NVC) under the Department of State. Here’s what happens next:

  1. Case Number Issued: NVC assigns a case number and forwards the petition to the U.S. Embassy or Consulate in the foreign fiancé(e)’s country of residence.
  2. Filing DS-160 Application: The foreign fiancé(e) must file the form DS-160 : Online Nonimmigrant Visa Application and schedule the visa interview at the designated U.S. Embassy or Consulate.
  3. Required Documents: The foreign fiancé(e) must bring the following documents to the visa interview:
    • Proof of the relationship (e.g., photos, evidence of communication)
    • Valid passport
    • Form I-134: Affidavit of Support (showing that the U.S. citizen can financially support the fiancé(e))
    • Completed medical exam by an approved physician
    • Police clearance certificates from any country where the fiancé(e) has lived for more than six months.
  4. Visa Interview & Approval: The consular officer will conduct an interview to verify the authenticity of the relationship. If the officer is satisfied, the K-1 visa will be issued. Once granted, the fiancé(e) has six months to use the K-1 visa to enter the U.S.

Step 3: Entry to the United States

Upon arrival in the U.S., the K-1 visa holder will be processed by Customs and Border Protection (CBP) at the port of entry. CBP will admit the K-1 visa holder into the U.S. for 90 days, during which time the marriage must take place. It is crucial that the K-1 visa holder marries the U.S. citizen petitioner within this 90-day window, or they may have to leave the U.S.

Step 4: Adjustment of Status After Marriage

After the marriage takes place, the foreign spouse must apply for permanent residency by filing Form I-485: Application to Register Permanent Residence or Adjust Status. This form allows the foreign spouse to change from non-immigrant (K-1 visa holder) to lawful permanent resident (green card holder).

Important Note on Conditional Residence:

  • If the green card is granted within 2 years of the marriage, the foreign spouse will receive conditional permanent residency, which is valid for two years.
  • If the green card is granted after 2 years of marriage, the foreign spouse will receive unconditional permanent residency, valid for 10 years.

During this process, the foreign spouse can also apply for work authorization (Form I-765) and advance parole (Form I-131), which permits international travel while the green card is pending.

Step 5: Removing Conditions on Permanent Residence

If the foreign spouse is granted conditional permanent residency, they must remove these conditions before their two-year green card expires. This is done by filing Form I-751: Petition to Remove Conditions on Residence within the 90-day period before the second anniversary of receiving the conditional green card.

The couple must jointly file Form I-751 and provide evidence that the marriage is ongoing and genuine (e.g., joint bank accounts, lease or mortgage, shared bills, etc.). If the couple divorces before this filing, the foreign spouse may request a waiver, but they must prove that the marriage was entered in good faith.

Failure to file Form I-751 on time can result in the loss of permanent resident status and potential deportation.

Key Timelines to Remember:

  • K-1 Visa Validity: Once issued, the K-1 visa is valid for six months for entry into the U.S.
  • 90-Day Marriage Rule: After entering the U.S., the K-1 visa holder must marry the U.S. citizen petitioner within 90 days.
  • Adjustment of Status: After marriage, file Form I-485 as soon as possible to begin the green card process.
  • Removing Conditions: File Form I-751 within 90 days before the two-year anniversary of receiving conditional residency.

I-130 for Spouse Living Abroad

If your spouse is living abroad and you want to bring them to the U.S. as a lawful permanent resident, you’ll need to start with the Form I-130: Petition for Alien Relative. Here’s a step-by-step breakdown of the process:

Step 1: Filing Form I-130

  1. Download and Complete Form I-130:
    • Visit the USCIS website to download Form I-130.
    • Fill out all required information about yourself (the petitioner) and your spouse (the beneficiary).
  2. Gather Supporting Documents: You will need to gather essential documents to prove your citizenship or permanent resident status and the legitimacy of your marriage:
    • Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, birth certificate, naturalization certificate, or green card).
    • Your marriage certificate to confirm the marital relationship.
    • Proof of termination of any previous marriages (divorce decrees or death certificates).
    • Passport-sized photos of both you and your spouse (as per USCIS photo specifications).
  3. Submit the Petition:
    • Mail the completed Form I-130, along with supporting documents and the required filing fee, to the appropriate USCIS lock-box or service center based on your location. Use the USCIS filing addresses to determine the correct mailing address.
    • Once received, USCIS will send you a Receipt Notice (Form I-797) confirming they have received your petition. Keep this notice for your records as it contains your case number.

Step 2: Wait for USCIS Approval

Once USCIS receives your I-130 petition, they will review it to determine whether your marriage is legitimate and meets eligibility criteria.

  1. Processing Time: Processing times can vary widely based on the service center handling your case, but it generally takes several months to over a year. You can track the status of your petition on the USCIS Case Status page using your case number.
  2. Possible Outcomes
    • Approval: If USCIS approves your petition, they will forward your case to the National Visa Center (NVC) for further processing.
    • Request for Evidence (RFE): If USCIS requires additional documentation, they will issue an RFE. It is crucial to respond promptly and thoroughly to avoid delays.
    • Denial: If the petition is denied, USCIS will explain the reasons for denial. You may be able to appeal the decision or refile with stronger evidence to support your case.

Step 3: NVC Processing

Once your petition is approved by USCIS, it moves to the National Visa Center (NVC)
for further processing.

  1. Receive NVC Case Number and Instructions: NVC will issue a case number and send instructions on how to proceed. You will be required to complete several additional steps before your spouse’s visa interview is scheduled.
  2. Pay Required Fees: Log into the Consular Electronic Application Center (CEAC) portal and pay:
    • The Immigrant Visa Application Processing Fee.
    • The Affidavit of Support Fee.
  3. Submit Immigrant Visa Application (Form DS-260):
    • Complete Form DS-260: Immigrant Visa Application through the CEAC portal. This form provides your spouse’s biographical information and is required to move forward with the visa process.
  4. Upload Supporting Documents: After completing Form DS-260, you’ll need to upload the following documents through the CEAC portal:
    • Affidavit of Support (Form I-864): This form is completed by the U.S. petitioner to show they can financially support their spouse.
    • Civil Documents: For the foreign spouse, this includes:
      • Birth certificate
      • Marriage certificate
      • Police certificates from any country where they have lived for six months or more since age 16.
      • Passport biographical page.
      • Any additional documents requested by the NVC.
  5. NVC Document Review
    • The NVC will review all documents submitted through the CEAC portal. If any documents are missing or incorrect, they will notify you to correct the issues.
    • Once all documents are verified, the NVC will schedule your spouse’s visa interview at the U.S. Embassy or Consulate in their home country.

Step 4: U.S. Embassy or Consulate Visa Interview

  1. Visa Interview Appointment: The U.S. Embassy or Consulate will send instructions to your spouse, detailing the date and time of the interview. Your spouse must prepare for the interview by gathering the required documents, including:
    • Form I-864 (Affidavit of Support)
    • Civil Documents (such as birth and marriage certificates)
    • Medical Examination results from a U.S. Embassy-approved doctor
    • Passport and recent passport-sized photos
    • Any additional evidence that supports the marriage’s legitimacy (photos, communications, etc.)
  2. Medical Exam: Before the visa interview, your spouse must complete a medical examination with an embassy-approved physician. The results will be sent directly to the embassy or consulate.
  3. Visa Interview Outcome: During the interview, the consular officer will ask questions to verify the relationship and ensure all required documentation is in order. If satisfied, the officer will approve the immigrant visa, allowing your spouse to enter the U.S. as a lawful permanent resident.

Step 5: Entering the United States

Once your spouse’s visa is approved, they will receive an Immigrant Visa Packet and have up to 6 months to enter the U.S. Upon arrival at a U.S. port of entry, Customs and Border Protection (CBP) will review their documents, and they will be admitted as a lawful permanent resident.

  • Shortly after entering, your spouse will receive their green card by mail, officially granting them permanent residency status.
Person reviewing a registration form marriage

Can I Request an Expedite of the I-130 Petition?

What is an Expedite Request?

A formal request to USCIS to prioritize and speed up the processing of your application. USCIS reviews these requests on a case-by-case basis and considers them under specific criteria.

USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to try if any of the following apply.

  1. Severe Financial Loss: A person or company may be eligible if a delay would cause significant financial harm. For example, if a medical practice would have to lay off staff due to the delay in a physician’s employment authorization, USCIS may expedite the request. If an applicant would lose their job because they cannot travel for work, this could also be a reason for expedited processing.
  2. Emergency or Urgent Humanitarian Situations: USCIS may expedite cases involving emergencies or urgent humanitarian reasons such as critical medical conditions, death or serious illness of a family member, or extreme living conditions due to conflict or natural disasters.
  3. Nonprofit Organizations: A nonprofit organization working in the cultural or social interests of the United States may request expedited processing for a case that supports its mission. Examples include a medical professional needed for urgent research or a religious leader required for a critical outreach program.
  4. Government Interests: Expedited processing may be granted when a federal, state, or local government agency identifies a case as urgent, such as those involving national security, public safety, or other significant government interests.
  5. Clear USCIS Error: If USCIS made a clear error in processing your application, such as issuing an EAD with incorrect information that prevents you from working, you may request expedited correction.

How to Request Expedite with USCIS?

If you think your situation applies to one of the above, you can request expedite by following these steps:

  1. Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
  2. Prepare Your Request: Gather documents that clearly show the urgency or compelling nature of your situation. This might be medical records, financial statements, or letters from government officials.
  3. Submit Your Request: Contact the USCIS Contact Center to start your expedite request. You may be asked to follow up with a formal letter explaining your reasons and providing the necessary evidence.
  4. Follow Up: After submission, follow up with USCIS to confirm receipt of your request and to check status. Be prepared to provide additional documentation if asked. It’s not a bad idea to call the USCIS hotline at 1 (800) 375-5283, use the phrase “Info Pass” to be transferred to a live person and ask to initiate a “Service Request” to expedite.
  5. Congressional Assistance: Also contact one of your Senators for help in following up with USCIS on the expedite request. Each Congressional office has a website and an online form for you to fill-out to request assistance with this federal agency.
  6. USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here
  7. Write of Mandamus: In cases where USCIS is taking extreme delay, beyond normal processing, you may want to file a Writ of Mandamus which is a lawsuit against USCIS, filed in federal district court. This can be an effective way to move things along, either because the Judge orders it or because the US Attorney representing USCIS initiates the forward movement of the case.

How to Request Expedite with NVC (National Visa Center)

If your spouse is outside the U.S., you can file an expedite request with the NVC after the case is transferred from USCIS

  1. Write a formal letter or email to the NVC requesting expedite:
    • Case Details: NVC case number, petitioner and applicant names, and any other relevant case information.
    • Reason for Expedite: Clearly state the reason for your request and reference the evidence you are providing to support your request.
    • Contact Information: Your contact information in case NVC needs to reach you for additional information.
  2. Submit Your Expedite:
    • Via email: Send the request and documents to NVCExpedite@state.gov.
    • Online inquiry form:
      • Go to NVC Public Inquiry Form.
      • Fill out the form with your case number and contact information.
      • In the message box, explain why you are requesting expedite and mention you are attaching documents (if applicable).
      • Submit.
    • Note: Attach all documents in one PDF if submitting by email and ensure the file size is under 5 MB.
  3. Follow-up: After you submit your expedite request, you may receive an email from NVC. If NVC needs additional information or documents, respond quickly to avoid delays. It is also a good idea to follow up after a few weeks if you have not heard back or received an update on your request. You can also contact your member of Congress to follow up with NVC.

NVC will review your request and decide if it’s approved after consulting with the US Embassy. If approved, your case will be processed ahead of others and NVC will contact you with next steps. If denied, your case will continue to be processed as normal.

Important Notes

  • Expedite is not guaranteed: Each request is evaluated on a case-by-case basis and approval is based on the strength of your evidence and your specific situation.
  • Expedite does not waive interview: Even if approved, you will still need to go through the standard interview process at the U.S. embassy or consulate.
  • Keep copies: Keep copies of your expedite request and all documents.
Couple signing immigration and marriage papers

Marriage Visa Alternatives

Bring Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification

For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists bringing your partner to the U.S. on a dual intent work visa like the H-1B or L-1.

This route can be faster and less expensive, but it is crucial to meet specific requirements.

The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees.

This is the fastest and lowest cost option to reunite the couple in the U.S.!

What Are Dual Intent Visas?

Dual intent visas allow foreign nationals to work temporarily in the U.S. while also having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intra company transfers) are two key examples.

Eligibility Criteria for H-1B and L-1 Visas

H-1B Visa:

  • Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
  • Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
  • Wage Requirements: The employer must offer the prevailing market wage for the position.
  • Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
  • Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.

For more on which employers qualify as cap-exempt, see:

Job-Hunting Tools for H-1B Employers:

L-1 Visa:

  • Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
  • Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
  • Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.

Benefits of a Dual Intent Visa

  • Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
  • Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
  • Speed: The H-1B visa process takes 3-6 months, and premium processing is available for an additional fee, which can get it done in as little as 15 days. The L-1 process is also rapid if the employer has an approved blanket petition, which makes the process even simpler.

Transition to a Marriage-Based Green Card

Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

After the I-485 is approved, your spouse gains permanent resident status, allowing them to live and work indefinitely in the U.S.

To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current. One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.

Considerations and Challenges

While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements.

The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria. Consulting with an immigration lawyer is essential to determine eligibility and navigate the process effectively.

Travel documents and international marriage preparation

If Both You and Your Future Spouse Are Outside the United States

If both you and your future spouse are currently living outside the U.S., you have several options to consider depending on your plans. Whether you want to come to the U.S. to marry and stay, marry and return abroad, or even get married online, it is important to understand your choices and the immigration processes involved.

Option 1: K-1 Fiancé Visa (For Marrying in the U.S. and Staying)

If your plan is to come to the U.S. to marry and remain here, the K-1 fiancé visa is the best option. This visa allows your future spouse to:

  1. Enter the U.S. for the purpose of getting married.
  2. Marry within 90 days of entering the country.
  3. Adjust status to a permanent resident (green card holder) after the marriage.

Option 2: Marriage on a Tourist Visa With Return Abroad

If you simply wish to marry in the U.S. but do not plan to stay, such as for employment or family reasons abroad, you can marry while on a temporary visa, such as a tourist visa (B-2). However, there are important considerations:

  • Temporary Stay: You can marry in the U.S. but must return to your home country to apply for a green card through consular processing.
  • The 90-Day Rule: USCIS follows the “90-day rule,” which presumes visa fraud if you enter the U.S. on a temporary visa (like a tourist visa) and apply for a green card within 90 days of entry. To avoid issues, you must be clear that you intend to return abroad and not stay after marrying in the U.S.

This option works well if you plan to return abroad immediately after the wedding and apply for a green card from outside the U.S. while continuing your life abroad.

Option 3: Living Abroad After Marriage

If you intend to marry your spouse and live abroad for an extended period, this is also possible. The U.S. government will recognize marriages conducted abroad as long as they meet the local legal requirements and don’t violate U.S. laws regarding:

  • Parental consent (if applicable).
  • Divorce rules (ensuring all previous marriages have been legally terminated).

You can later file for a green card when you’re ready to move to the U.S., using consular processing through the I-130 petition.

Option 4: Online Marriage

Another option for international couples is to get married online. Certain U.S. states, like Utah, allow couples to marry remotely and receive a valid U.S. marriage certificate, even if both are abroad during the ceremony. However, keep in mind:

  • To use this marriage certificate in the U.S. immigration process, the marriage must be consummated (you must meet in person) before filing the I-130 petition for a green card.

This option is convenient for couples who need to marry quickly but can’t travel to the U.S. or another country for the ceremony. However, it is only useful for immigration purposes if followed by in-person consummation.

Regardless of where you marry, the U.S. citizen spouse must file Form I-130: Petition for Alien Relative with USCIS to start the process of bringing their spouse to the U.S. as a lawful permanent resident. Even if you’re living abroad, the I-130 must be filed with USCIS in the United States.

Once the I-130 is approved, your spouse can apply for an immigrant visa at the U.S. Embassy or Consulate in their home country through consular processing. This process can take 18 to 24 months from start to finish, depending on visa availability and processing times.

cross-cultural couple wedding celebration

Consular Processing of I-130 in Emergencies

In some situations when there are urgent or exceptional circumstances, the U.S. Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S. embassy or consulate. This is usually for cases where immediate processing is needed and filing through regular USCIS channels would not be enough to address the time sensitive situation.

Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the US quickly due to an emergency.

If the Embassy approves the request for consular processing of I-130, then the visa will be expedited. Door to door processing time is 2 to 4 months.

Examples of Emergencies:

  • Military Emergencies: A U.S. service member stationed abroad may need immediate processing due to a sudden deployment or transfer with little notice.
  • Medical Emergencies: If the petitioner or beneficiary is facing a medical emergency that requires immediate travel, expedite may be warranted.
  • Threats to Personal Safety: Situations where the petitioner or beneficiary is under an imminent threat, such as being forced to flee due to civil unrest or natural disaster.
  • Close to Aging Out: When the beneficiary is nearing the age where they would no longer be eligible for certain benefits, expedite may be necessary.
  • Naturalized Petitioner: If the petitioner has recently naturalized and the family members need a new petition based on their U.S. citizenship, especially if they are already abroad for a visa interview.
  • Adoption of a Child: In cases where the petitioner has adopted a child abroad and needs to depart the country imminently, expedite can be requested if they have a full and final adoption decree and have met residency and legal custody requirements.
  • Short Notice of Job Relocation: When a U.S. citizen petitioner living abroad receives a job offer or reassignment to the United States with little notice and there is an urgent need to relocate. This is the most common reason for I-130 consular processing.

Discretionary: Acceptance of I-130 locally is at the discretion of the consular officer and is case by case basis. The decision is usually for situations where filing domestically with USCIS or online with an expedite request would not be enough to address the urgency of the case.

Local Filings: If DOS decides to accept and adjudicate an I-130 petition at a U.S. embassy or consulate, the process will be expedited. But if the consular office declines to accept the filing, petitioners are advised to file with a USCIS lock-box or online and request expedite through regular channels.

Special Considerations

Civil Marriages: For U.S. immigration purposes, only civil marriages are recognized. A valid marriage license must be issued by local or national authorities in the country where the marriage took place.

Non-Recognized Marriages: USCIS does not recognize certain types of marriages, even if they are valid in the place of celebration. These include:

  • Polygamous marriages
  • Underage marriages that do not meet the legal age of consent
  • Civil unions or domestic partnerships are not classified as marriages
  • Proxy marriages where one person was not present during the ceremony, unless the marriage is legal where it was celebrated and the couple consummated the relationship before filing the I-130.
  • Marriages entered into solely for immigration purposes

Same-Sex Marriages: Same-sex marriages are recognized by USCIS as long as the marriage was performed in a country or jurisdiction where same-sex marriage is legal. The validity of the marriage for immigration purposes is determined by the laws of the country where the marriage took place.

Marriage Fraud: USCIS takes marriage fraud very seriously. Entering into a marriage solely for immigration benefits is illegal and can lead to severe penalties, including:

  • Up to 5 years in prison
  • Fines of up to $250,000, or both

USCIS may require evidence proving the authenticity of your relationship (bona fides) during the application process or interview. This could include photos, joint financial records, or other proof of a genuine marital relationship.

Fun Fact: Weddings and Culture

Weddings in the U.S.: Planning a wedding in the U.S. can be an exciting opportunity to blend different cultural traditions. Whether you prefer a traditional American wedding or want to incorporate elements of your spouse’s culture, there is plenty of room for personalization.

Destination Weddings: Some couples choose destination weddings abroad for a unique and adventurous experience. If you marry abroad, ensure you comply with the local marriage laws so your marriage is legally recognized in the U.S.

Wedding Vendor Resources: Choosing the right vendors (e.g., caterers, photographers, venues) is crucial for making your wedding day memorable. Be sure to review contracts carefully and consider consulting legal professionals to ensure everything goes smoothly.

Important Reminder: Marrying for financial gain or immigration benefits is illegal. Be mindful of U.S. immigration laws to avoid serious legal consequences.

Couple paperwork for marriage & visa applications

How can you protect yourself when marrying a foreigner?

  • Verify identity and marital status. Get certified copies of your partner’s birth certificate, passport, and (if applicable) divorce decree to confirm they’re free to marry.
  • Discuss finances openly. Share credit reports, debts, and assets on both sides; consider a prenuptial agreement that covers property division and spousal support in case of divorce.
  • Screen for immigration fraud. Be sure your relationship is genuine on both sides; sudden pressure to file immigration papers or wire large sums can be a red flag.
  • Understand legal obligations. Signing an I-864 Affidavit of Support makes you financially responsible for the immigrant spouse until they become a U.S. citizen or earn 40 Social-Security quarters—often 10 years or longer, even after divorce.
  • Consult professionals early. An experienced family-law attorney and an immigration attorney can explain rights, duties, and exit strategies in both realms.
  • Maintain independent finances at first. Separate bank accounts and credit cards can reduce risk while you build mutual trust.
  • Keep documentation. Save evidence of a bona-fide marriage (photos, joint leases, travel records) to satisfy USCIS and protect yourself if the relationship is questioned later.

FAQ: Common and Not-So-Common Issues

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How Do You Replace a Lost or Stolen Green Card?

Green Card serves as proof of your permanent resident status. By the main rule, as stated in Section 264 of the Immigration and Nationality Act (INA), lawful permanent residents must carry their alien registration receipt card at all times. For this reason, you have to make sure you have a binding document, so it can be treated as evidence of your status.

Whenever your Green Card (Permanent Resident Card) is lost or stolen or damaged you must replace it. Phrasing Replacing Green Card has a larger meaning than Renewal. We talk about replacing a lost, stolen, or expired Green Card, while Renewal refers to exchanging an expired card for a new one.

To request a new card, you should submit documentation with U.S. Citizenship Immigration and Services (USCIS) – a government agency that takes care of immigration-related services. In the following article, we will show you how to move forward with this application.

How to replace a Green Card?

General info

You must replace your Green Card first by filing Form I-90, Application to Replace Permanent Resident Card. You can do it either online or by mail (post). When you decide to submit a motion online, you may be able to track the case, which includes seeing when your application is delivered, receiving online updates of your case, and even the possibility to contact the government directly.

Remember, you must replace your card also when you are a commuter and are now taking up actual residence in the United States, OR a permanent resident residing in the United States and now want to take up the commuter status; OR when your card contains incorrect information OR your biographic information has changed (e.g., you legally changed your name).

Form I-90

Your Form I-90 receipt notice will state that it provides evidence of your lawful permanent resident status for 12 months from the expiration date on your Form I-551, Permanent Resident Card, (also known as a Green Card). It will also confirm that you remain authorized to work and travel during this time. Once you present it with your expired Green Card, your Form I-551 can be used as evidence of your lawful permanent resident status.

Next steps

  • Within 1–2 weeks after USCIS receives your application, you should receive another notification letting you know the date and location of your biometrics appointment;
  • Remember to always respond to U.S. Citizenship and Immigration Services to any notice of action promptly. You can do it online or by mail;
  • If USCIS approves your application, you will receive your new Green Card by mail.

My Green Card is lost, what do I do?

First, you need to know that there is a difference in procedures involved, depending on whenever you lost your card on U.S. territory or outside of the U.S. Therefore, we have divided the answer to how to replace your Green Card into two passages.

Losing a Green Card in the U.S.

If your Green Card is lost and it happened in the U.S., the process to replace your Green Card in this situation is quite simple. To do this, you also need to file Form I-90, Application to Replace Permanent Resident Card. You can file Form I-90 online or by mail.

Documentation required usually involves a photocopy of your original Green Card, a copy of another form of government-issued identification such as a driver’s license, or other evidence of your status and personal information.

Whether you have to travel abroad, and there is no way to postpone it, you have to call United States Citizenship and Immigration Services (USCIS) by using 1-800-375-5283 (TTY 800-767-1833) and request an I-551 stamp on your travel document. This stamp serves as proof of your permanent resident status and is valid for one year.

Calling USCIS

When calling USCIS, you should be prepared to provide USCIS with specific information regarding your application, such as your name, date of birth, receipt number, and Alien Number. When your Green Card is lost, and you don’t remember the number, please see our article on where else to find an Alien Registration Number.

Losing a Green Card outside the United States

In the event, your Green Card was lost, stolen abroad, and you are returning to the United States after an absence of less than one year, you may submit an application for a Boarding Foil – formerly known as transportation letter – via form I-131 A. This document is valid for 30 days or less, for a single entry. This document authorizes a transportation line to carry you to the United States without any penalty and proves your permanent residence status for this time. To issue a Boarding Foil, the officer at U.S. Embassy or Consulate interviews you to confirm that you hold a Lawful Permanent Resident status in the United States. There is a filing fee of $575. For current info on the filing fee visit the USCIS website.

Always remember to notify the police department in the jurisdiction in which your card was stolen to obtain a police report. You need to attach this report when filing documentation.

Great to know:

If you happen to be outside the United States when your card has expired, but it had a 10-year validity period, you do not need a Boarding Foil. The airline may board you with the expired card, provided you meet all their other conditions for travel. For more information, visit the USCIS website, call automated USCIS service at 1-800 375 5283, or contact our law firm.

Conditional Resident with an expired card (with a two-year validity) may be boarded if also in possession of a Notice of Action (Form I-797). The Notice of Action extends the validity of the card for a specified length of time (typically for one year).

Older Green Cards

If your Green Card was issued between 1979 and August 1989, it doesn’t have an expiration date, so you do not have to renew or replace them unless you use the Global Entry program (in this case, you need to get a new Green Card).

Global Entry is a government agency program that allows quickened clearance for pre-approved, low-risk travelers upon their arrival in the United States. If you are a member of this program, you can use an automated process available at selected airports.

Some Green Cards are no longer valid

If you have one of the previous versions of the Green Card (for example, USCIS Form AR-3, Form AR-103, or Form I-151), you must remember to file a request for a new one, as you need it for proving your permanent residence status.

What are the fees for replacing lost or stolen Green Card?

The standard green card replacement filing fee is $455, plus $85 for the one with biometric services for a total of $540. Some applicants do not have to pay or must pay only the biometrics fee. For more details, please see our other articles related to Green Card questions.

How long does it take to replace a Green Card?

Replacement of your lost or stolen Green Card may take 6-10 months. However, processing times change regularly. Please visit the USCIS website for the latest wait-time estimate. The process to replace a lost card also depends on how well you plan the entire undertaking and apply for a replacement before your card expires. The procedure involves gathering documentation and preparing it well in advance.

For better organization, you can use the legal advice of a professional law firm, which will communicate with the government for you, prepare the necessary documentation for the application, help you pay filing fees, and file it in whichever way is more suitable for you.

We recommend seeking the help of an immigration law firm especially, if USCIS denies your green card replacement application.

Replace your Green Card for other reasons

If you need to replace your Green Card for other reasons than lost, stolen, or damaged, for example, if your Green Card Replacement is correlated to an expiration date, you may want to see our Renew your Green Card article.

A Guide On How To Renew Your Green Card

If you are on this page, you most probably know that officially referred to as the “I-551 Permanent Resident Card”, your Green Card serves as proof of your permanent residence status in the U.S. As a rule, you need to renew your Green Card every 10 years. There are however circumstances when you have to replace your card.

The following article will help you figure out the difference. We will make sense of the procedures: how to file online or by mail, what to do if your Green Card expired or will expire within the next six months. We will also cover Green Card renewal in terms of what kind of documents you will need, how long will the process take, how much does it cost, and more.

When do I need to get a new card?

Most of the time you must renew your Permanent Resident Card every 10 years. There can be an exception when the card expires if you get a conditional Green Card. In this case, your card is good to go only for two years. To remove the conditions on your permanent resident status, you must initiate this process within the 90-day period before your Green Card expiration date.

There are also rules when to file an application to replace Permanent Resident Card.

If you are a lawful permanent resident, you have to replace your Green Card if:

  • Your card was lost, stolen, mutilated, or destroyed
  • Replace the Permanent Resident Card if it contains incorrect information
  • Yo changed your name or other biographic information
  • You became a permanent resident before you turned 14 years old, you are required to file for a new card when you become 14 years old
  • Green Card expired or will expire within the next six months;
  • Permanent Residents changing their status from residing to commuter status and reverse;
  • Your status has been automatically converted to permanent resident status (e.g. in the case of special agricultural workers)
  • You have a previous version of the alien registration card, which are no longer valid and must be replaced with a current Green Card;
  • You never received the previous card issued

Notice that any card that prooves status of lawful permanent residents is called alien registration card, be it green card or a permanent visa.

Why do I need a current Green Card?

Make sure you keep your card up-to-date. When your card expires, you may have difficulties proving that you are a permanent resident. This could also affect your ability to travel or to prove that you are eligible to work in the United States.

You don’t lose your permanent resident status, but you might get into trouble if USCIS discovers that you have violated the law requiring you to carry a valid card with you.

What should I do with my expired Green Card?

For permanent residents that want to replace a Green Card with a brand new one, you should begin with filing “Form I-90 – Application to Replace Permanent Resident Card“. You can file online via USCIS’s official website or by paper (via mail).

At this point, after achieving this immigration status, you are probably familiar with the USCIS – a government agency that deals with immigration services. An application to renew your Green Card has to also be filed to this institution.

It is a good idea to establish a USCIS online account, no matter by which route you decide to submit an official government form. This account may help you to check and track your case status.

For filling online:

  1. Create a USCIS online account
  2. Submit evidence and supporting documents
  3. Pay filing fee
  4. You will get a receipt notice
  5. Receive case status updates about your case
  6. Respond to requests when you get this notice
  7. Wait for your new Green Card

For filing by paper:

  1. Download I-90 form
  2. Fill it in electronically
  3. Print it
  4. Sign it (in ink)
  5. Attach evidence and supporting documents
  6. Mail your application
  7. Wait for your new Green Card

Note: You cannot file Form I-90 online, if you are applying for a fee waiver. If you feel uncertain about your eligibility, you can always reach out to professional immigration services like us.

Filing online vs. filing by paper

To add a dash of otherwise necessary dramaturgy, you should know that the Department of Homeland Security’s Office of Inspector General (DHS OIG) in its November 2016 report concluded that over the past three years, USCIS issued at least 19,000 green cards with incorrect information, or were issued as a duplicate. In most cases, this involved forms submitted through the online system.

Over the same three-year period, USCIS received over 200,000 notifications from approved applicants concerning missing green cards, partly as a result of cards being sent to wrong addresses.

Writing this, we prepared you a quick matrix, which shows the differences between filing official government forms by paper and online submission. It may help you to determine, which option you feel comfortable with.

Good news: Even if you filed your application by paper, you can still create your USCIS online account to receive updates.

For more convenience, we recommend having a USCIS account with the government official website. You can check the status not only when you replace your Green Card, but also for other official government proceedings, like those related to: U.S. Citizenship, Alien Registration Number, or other lawful permanent resident status processes.

What do I Need to Renew My Green Card?

The application is filed through one of the agencies of the Department of Homeland Security – USCIS. In most cases, you need only to provide a copy of your expired green card as proof that you qualify for renewal.

If you need to replace your green card for a different reason — for example, if it was lost, stolen, or damaged — you’ll need to provide other documentation. With your lawful permanent resident status, you can renew or replace your expired Green Card either online or by submitting an application online. Required evidence depends for example on Application Type.

IMPORTANT: If you want to file online, always remember to share sensitive information only on official government, secure websites.

You must read the instructions attached, as they would tell you if either you need to provide proof of your U.S. address and what types of documents will work as evidence for your application. In Question 1, you need to check a box stating whether you either are a lawful permanent resident, a permanent resident in commuter status (you live near the U.S. border in either Canada or Mexico and have a special green card that allows you to travel back and forth), or a conditional resident (in this case you will need to check a specific list to determine if you use this form to deal with the expiration of your card).

Rule of thumb: The categories you choose in your I-90 application to replace or renew your Green Card, will determine what documents you need to include as evidence, which documents are described in USCIS’s instructions.

We can help you choose which supporting documents to submit with your specific Form I-90 application.

How much does it cost to renew my Green Card in 2021?

The cost of your green card renewal varies

From $85 for applications you submit, where you have reached your 14th birthday, and your existing card will expire after your 16th birthday,

To $540 with a full form filing fee and biometric services fee. Basically, the total cost to renew or replace your Green Card depends on the Reason for Application, Form Fee, ad if the Biometric Services are required.

The Filing of Form I-90 cost is $455, however, a biometric services fee of $85 may also be required. If you wish to file your Form I-90 by paper, you may pay with a money order, personal check, cashier’s check, or by credit card, using the designated form. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for government service. Filing and biometric service fees are not subject to refund, regardless of any action USCIS takes on your application or if you withdraw your request. Exceptions to this rule are as follows: when you are filing Form I-90 because you never received your new Green Card, (no fee as long as USCIS mailed the card more than 30 days ago), it was returned to USC as undeliverable, you haven’t moved from the address you provided in your file.

Tip: Use fees calculator from USCIS official website to determine total amount, or contact us.

How long does it take for Permanent Resident Card Renewal?

After USCIS receives your Form I-90 with all required evidence, you will get a confirming receipt notice, biometric services notice (if applicable), notice to appear for an interview, if needed, and finally notice of USCIS decision.

At the moment, the green card renewal timeline for lawful permanent residents is approximately 10 to 12 months. Please keep in mind, that poorly prepared applications or ones that contain incorrect information can result in longer processing times. In such cases, it is an especially good idea to hire a law firm that will deal with the Department of Homeland Security or any other government body.

Good news:

Even if your Green Card Renewal takes ages, you can still get temporary proof of permanent resident status for going outside the United States, employment, and other purposes.

In a separate article, we will take a closer look at a Replacing a Lost, Stolen, or Damaged Green Card.

Green Card Number – What You Need to Know

In the following article, we will clarify the topic of Green Card Number. To illustrate it properly, we will cover the basics of the Permanent Resident Card, introduce you to the Green Card Number itself, show you how to read it, and decipher all the mysterious numbers it consists of. You will also find out the differences between this particular number and the other widely used number related to immigration services. We will also present you with different Green Card designs, so you can easily read all the important information right from your card.

Permanent Resident Card – The Basics

Green Card is a common name for the identification card issued by U.S. Citizenship and Immigration Services (USCIS) to permanent residents – permanent resident card. A permanent resident is an immigrant, who is legally allowed to live and work in the U.S. indefinitely. It is important to note here, that although some permanent resident cards contain no expiration date, most are valid for 10 years.

If you have been granted conditional permanent resident status, the card is valid for 2 years. Green cards got their nickname because they were green in color from 1946 to 1964 at the beginning of the introduction. This was adopted easily, especially since it was inconvenient to use the official name. Throughout the passing decades, they were decorated in all sorts of colors: blue, pink, or yellow. In 2010 they became green again.

What is a Green Card Number?

A green card number is an individually assigned number that U.S. Citizenship and Immigration Services (USCIS), a government agency, used to track your case, before issuing the Green Card.

A permanent resident card number is a 13 digit number listed on every Green Card. It often begins with 3 letters followed by 10 numbers. We will show you how to recognize this number and decipher the number in the next passage.

Another name for Green Card Number is a receipt number.

Green Card Number = Permanent Resident Card Number = Receipt Number

How to read a Green Card Number?

Green Card Number is located on the bottom of the back of the card, directly in the first line of this long set of characters. As we mentioned above, you should search for 13 digits starting with 3 letters. Those letters have their specific meaning, they stand for the U.S. Citizenship and Immigration service center that received your resident status case. On this specimen, you can see “LIN”.

LIN stands for Lincoln Service Center (now known as Nebraska Service Center). It means that your case was received there.

Right after the service center code, you can see two digits that represent the fiscal year the case was received. It is important to remember that the fiscal year is not the same as a calendar year. The fiscal year is counted from October 1 to September 30.

To give you some perspective, as an example, if your case was received by a service center on the 15th of October, 2019, your Green Card Number would have a fiscal year of two numbers – 20. If a case was filed between October 2016 and September 2017, your Permanent Resident Card Number will have number 17 in this respective position.

Following the fiscal year, 3 digits indicate the workday that the case was opened on a computer. Those 3 numbers for workday are based on 365/366 days per year, minus holidays and weekends. So if your green card reads TSC 21 043, your case was received at the Texas Service Center in the 2021 fiscal year, on the 43rd workday.

The last 5 numbers represent your unique immigrant case number — the number of the approved case that finished in a success of a green card being granted to you.

Green Card acronyms you may want to know

CSC – California Service Center

EAC – Eastern Adjudication Center (now known as Vermont Service Center)

IOE – ELIS (file)

MSC – Missouri Service Center (now known as National Benefits Center)

NBC – National Benefits Center

NSC – Nebraska Service Center

TSC – Texas Service Center

VSC – Vermont Service Center

WAC – Western Adjudication Center (now known as California Service Center)

YSC – Potomac Service Center

More Examples of Green Card Numbers

The below are specimens of the Green Card with marked Receipt Numbers on them. Since these are just examples and not real Green Cards, only service center numbers have a real significance.

LIN stands for Lincoln Service Center (now known as Nebraska Service Center)

SRC – Southern Regional Center (now known as Texas Service Center)

The characters “<” carry no significance, they simply hold the space between relevant numbers.

Did you know: The authorities of the United States give away 55 000 Green Cards every year in The Diversity Visa Program. Contact our law firm for details.

Difference between Green Card Number and Alien Registration Number

This is an important one. To efficiently navigate the depths of your own administrative or any government agency-related affairs, you should learn to distinguish between Green Card Number and Alien Registration Number. For this article, remember that the first number is only on the back of the Green Card and has 13 digits, while the second number (also called A-number or USCIS number) has only 9 digits and is on both sides.

For more details, please see our article on A-number or contact our law firm

Summary Of a Green Card Number

For your convenience, we summarized the Receipt Number as short as possible. To easily recognize this number, remember that it is structured as follows :

3 for service center code → 2 for fiscal year → 3 for workdays → 5 for your unique case number

Does the information you have read give you the feeling that you are just deciphering an enigma code? We understand that sometimes you just don’t want to waste your valuable time dealing with all the matters related to a government agency. If you wish your immigration paperwork to be done in an optimized manner, contact our law firm.

No document is Enigma to us.