Marriage Green Card Timeline
Getting a green card through marriage is a big deal for foreign nationals who marry US
citizens or green card holders. The average processing time for various stages, such as
the I-130 petition and the I-485 adjustment of status, can help set realistic expectations
for the timeline. The process is long and complicated and can take 12 to 55 months
depending on several factors. Those factors are the sponsoring spouse’s citizenship,
whether the immigrant spouse is in the US or abroad and the USCIS service center
processing the application. Knowing these variables is key to managing your
expectations.
Average Time for a Marriage Green Card
The timeline to obtain a marriage green card can vary greatly:
● 10-50 months: Total potential range.
● 12-36 months: Typical range, with some cases taking longer due to backlogs,
additional scrutiny, or other factors.
● 2024 Update: The average time to get a marriage green card is around 17
months, but this can vary based on individual circumstances.
Factors that Affect the Timeline
● Petitioner’s Legal Status: The petitioner’s legal status is a big factor in the
processing time for a marriage green card.
▪ If your spouse is a US citizen:
○ In the US: 8-18 months
○ Abroad: 18-24 months
▪ If your spouse is a green card holder:
○ In the US: 30-50 months
○ Abroad: 30-50 months
● Immigrant Spouse’s Location when Married to US Citizen: The location of
the immigrant spouse, whether in the US or abroad, matters if married to a US
Citizen. If married to a US Permanent Resident, then the location of the
immigrant spouse does not matter.
▪ In the U.S. (When Married to a U.S. Citizen): The process is faster as
you can file Form I-130 (Petition for Alien Relative) and Form I-485
(Application to Register Permanent Residence or Adjust Status)
concurrently. This can shorten the process to as little as 8 months. We
have seen recent cases where USCIS waived the interview and approved
the marriage green card in 3 months after filing the case. If the Service
Center requires an interview, they will transfer the case to the local USCIS
office. Each USCIS office has their own processing time which can be
found here.
▪ Outside the U.S. (When Married to a U.S. Citizen): Consular processing
is required, which involves additional steps like filing an I-130 petition,
processing the DS-260 at the National Visa Center, obtaining a visa
number, and scheduling an interview at a U.S. embassy or consulate. This
process typically takes 18-24 months. The timeline depends on several
factors such as how long it takes USCIS to approve the I-130, how quick
the NVC can process their part of the case, and the efficiency of the
consular office to schedule the interview and adjudicate the DS-260
application.
● USCIS Service Center Processing Times: Processing times vary based on the
USCIS service center or field office handling the case:
▪ US citizens filing I-130 for spouse: 12-18 months
▪ Green card holders filing I-130 for spouse: 30-50 months
● Current Processing Times by Service Centers:
● Delays Due to Incomplete or Incorrect Documents: Submitting incomplete or
incorrect documents can cause significant delays. Ensure all forms are correctly
filled out and all required documents are provided. Mistakes can lead to
Requests for Evidence (RFEs), which can add months to the process.
Note: The workload and efficiency of the USCIS or field office processing your case can
greatly impact the timeline. During peak filing periods or staffing shortages, processing
times can increase and wait times get longer.
Application Process Breakdown
Step 1: Filing I-130
● Purpose: Establish the marriage relationship between the US citizen or green
card holder spouse and the foreign spouse to obtain a green card through
marriage. A lawful permanent resident spouse must also act as a sponsor in the
I-130 filing process, ensuring the marriage is bona fide and meeting all necessary
requirements.
● Processing Time:
▪ US Citizens: 12-18 months
▪ Green Card Holders: 30-50 months
Step 2: Filing I-485 and Adjustment of Status (If Spouse is in the U.S.)
● Processing Time: Average across all field offices is 20 months.
Step 3: Consular Processing (If Spouse is Abroad)
● Process: After I-130 approval, the case is processed at the NVC and the
appropriate U.S. embassy or consulate.
● Processing Time: 3-5 months after the NVC receives the application.
Step 4: The Green Card Interview
● Location: USCIS service center (for US residents) or consulate (for consular
processing).
● Purpose: To prove the bona fide of the marriage to avoid any suspicion of
marriage fraud.
● Timing:
▪ U.S. Residents: 7-15 months after application submission.
▪ Spouses Abroad: Varies by consulate.
If the couple has been married for less than two years, the immigrant spouse will
receive a conditional green card, valid for two years. After two years, they can apply for
a permanent marriage green card.
Expedite the Marriage Green Card
Process
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.
- 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 loses their job because they cannot
travel for work, this could also be a reason for expedited processing. - 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. - 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.
- 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. - 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: - Review USCIS Guidelines: Make sure your situation qualifies under USCIS
expedite criteria. - 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. - 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. - 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 “InfoPass” to be transferred to a live person and ask to initiate a “Service
Request” to expedite. - 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. - USCIS Ombudsman: If USCIS is not responding to your expedite request, file
an inquiry with the USCIS Ombudsman which you can find here - Writ 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.
- Write a formal letter or email to the NVC requesting expedite: Be brief but
clear in explaining why your case qualifies for expedite. Include:
▪ 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. - 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.
- 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.
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.
Will the K-3 bring my spouse in faster?
If you are outside the U.S. and married to a US Citizen, it’s recommended to file the K-3
after the I-130. The K-3’s only purpose is to allow the foreign spouse to enter the U.S.
while the I-130 is pending with USCIS. But in most cases USCIS approves the I-130
before the K-3 interview. But in any case, it costs nothing to file the I-129F with USCIS.
So why not?
It doesn’t bring the spouse in any faster in most cases, but it’s an insurance policy in
case the I-130 gets held up by USCIS.
Filing for a K-3 visa, involves several steps to allow the spouse of a U.S. citizen to enter
the U.S. while waiting for the approval of their visa petition.
Step 1: File Form I-130, Petition for Alien Relative
● Supporting Documents:
▪ Proof of U.S. citizenship (e.g., U.S. passport, birth certificate).
▪ Marriage certificate.
▪ Evidence of any prior marriages being legally terminated (e.g., divorce
decrees, death certificates).
▪ Passport-sized photos of both spouses.
Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Although traditionally used for
fiancé(e) visas, this form is also required for the K-3 visa)
● Supporting Documents:
▪ Copy of the Form I-130 receipt notice (Form I-797).
▪ Additional evidence of the marital relationship, if available.
▪ Passport-sized photos of both spouses.
Step 3: Wait for USCIS Approval
● I-129F Processing: Once USCIS receives Form I-129F, they will process the
petition. If approved, USCIS will forward the application to the National Visa
Center (NVC).
● I-130 Processing: If the I-130 petition is approved before the K-3 visa
application is processed, the K-3 visa process will be moot and the applicant
must proceed directly to the visa process.
Step 4: National Visa Center (NVC) Processing
● NVC Review: Once the I-129F is approved, the NVC will assign a case number
and send the petition to the U.S. embassy or consulate in the foreign spouse’s
country.
● NVC Notification: The NVC will notify the foreign spouse to start the visa
application process at the U.S. embassy or consulate.
Step 5: Apply for the K-3 Visa at the U.S. Embassy or Consulate
● Complete Form DS-160: The foreign spouse must complete the online
Nonimmigrant Visa Application (Form DS-160). This form is required for all non-
immigrant visa applications, including the K-3.
● Pay Visa Fees: The foreign spouse must pay the visa application fee.
● Schedule the Interview: After completing the DS-160 and paying the fees, the
foreign spouse must schedule an interview at the U.S. embassy or consulate.
● Prepare for the Interview:
▪ Valid passport.
▪ DS-160 confirmation page.
▪ Proof of payment of visa fees.
▪ Medical examination results from an approved physician.
▪ Affidavit of Support (Form I-134) showing that the U.S. citizen spouse can
support the foreign spouse.
▪ Additional supporting documents, if requested by the embassy (e.g., proof
of ongoing marital relationship, police certificates, etc.)
Step 6: Interview
● Interview Process: The consular officer will review the documents and ask
questions to verify the relationship and eligibility for the K-3 visa.
● Approval: If approved, the foreign spouse’s passport will be stamped with the
visa and they can travel to the U.S.
Step 7: Enter the U.S.
● Arrival: Upon arrival in the U.S., the foreign spouse is admitted as a K-3 non-
immigrant.
● Adjustment of Status: The K-3 visa holder must file Form I-485, Application to
Register Permanent Residence or Adjust Status, to get a green card.
Notes
● Validity: K-3 visa is valid for 2 years with extensions. But usually, it is a
temporary solution, and the goal is to adjust status to permanent residency.
● Concurrent Processing: If the I-130 petition is approved before the K-3 visa is
issued, the K-3 visa will be moot, and the spouse must proceed with the visa
process.
Tips for Marriage Visas and Green Cards
- Processing Times: Check the USCIS website or consult with your attorney
about processing times. Check your application status through receipt notices
and updates from the USCIS or National Visa Center. - Proving the Marriage is Bona Fide: One of the challenges is proving the
marriage is real. Providing several supporting documents, such as joint bank
statements, joint lease agreements, and photos together, can help establish the
marriage. - Prepare for the Green Card Interview: Gather all necessary documents,
practice possible interview questions, and ensure you and your spouse are ready
to prove your marriage.
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 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? 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.
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. Applicants
can provide evidence to USCIS they did not have an intent to immigrate when they
entered the U.S.
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:
- 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 taking any step that can trigger the 90-Day Rule. - 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. - 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. - FAQs
My marriage green card application is taking longer than the usual processing
time. What should I do?
If your case is taking longer than the standard processing time, you can file a case
status update request with USCIS. If there’s still no movement, you can contact your
congressman for help or file a FOIA request to get more information about your case.
My spouse was denied a marriage green card. How long will it take to reapply?
If your spouse’s green card is denied, it will greatly impact the timeline to reapply. You
may need to address the denial, gather more documents, and consider appeal and
federal court litigation if denied again. Consult with an immigration attorney to explore
your options and avoid further delays.
Can same-sex couples apply for marriage green card and how long?
Yes, same-sex couples can apply for a marriage green card just like opposite-sex
couples. The processing time is the same, but the circumstances of your case may
affect the timeline. Ensure your marriage is recognized in the jurisdiction where you got
married.
If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending,
how long will it take?
If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending, it will
speed up the process. But you may need to update the application to reflect the new
citizenship status, which may require additional documents. If this happens during
consular processing, the petitioner may need to file a new I-130 based on their U.S.
citizenship.
Can I travel while my marriage green card is pending?
If you are applying for a marriage green card while in the U.S., it’s not recommended to
travel abroad without getting advance parole, which is a travel document that allows you
to re-enter the U.S. If you travel without this, USCIS may consider your application
abandoned and you may face delays or denial.
Can I work while my marriage green card is pending?
Yes, if you are in the U.S. and your application is pending, you can apply for an
Employment Authorization Document (EAD). This will allow you to work while waiting for
the final decision on your green card application. The EAD is a valuable document that
will allow the applicant to work during the processing period.
What if my spouse dies during the process?
If the sponsoring spouse dies during the application process, the application may be
revoked. But in some cases, the immigrant spouse can still proceed with the application.
Consult with an immigration lawyer in such situations. There are specific provisions that
will allow the surviving spouse to continue the process.
How long to become a U.S. citizen?
If you are a lawful permanent resident, you can apply for citizenship after 5 years. If you
are married to a U.S. citizen, you can apply for citizenship after 3 years. These are
estimates, and the actual time may be shorter or longer depending on your case. The
path to citizenship has additional requirements such as continuous residence and
physical presence.
Do I need an attorney for a marriage green card?
While you do not need an attorney to represent you during the green card process,
having an experienced immigration attorney can increase your chances of success,
particularly if your case has higher risk factors or if you need support in making an
expedite request.
What is Conditional Permanent Residence (CR1)?
If the marriage is less than 2 years old when the green card is approved, the foreign
spouse will get a conditional permanent residence. This means the green card is valid
for only 2 years, and the couple must file a joint petition to remove the conditions on
residence before the card expires. This requires proving the marriage is ongoing and
genuine. Removing the conditions is a critical step to get a permanent green card.
Pro Tip: If the immigrant spouse has the CR1 visa in hand and valid for 6 months and
the 2-year anniversary of the marriage is within a month or so, it may be worth delaying
the immigrant’s entry to the U.S. so that the entry date to the U.S. is after the 2 year
wedding anniversary. Then upon entry, the immigrant will be a Permanent Resident with
no conditions.
How does a pandemic or natural disaster affect marriage green card processing
time?
Pandemics, natural disasters, or other significant events can cause processing delays
due to USCIS office closures, staff shortages, or disruptions in consular services. In
some cases, USCIS may issue blanket authorizations for expedited processing for
those affected by such events. Stay informed about any temporary policies or changes
in processing times due to unforeseen circumstances.
What if my spouse and I move while the green card application is pending?
If you and your spouse move to a new address while the green card application is
pending, you must notify USCIS of the change of address within 10 days. Failure to
update your address can result in delays or missed communications such as interview
notices or requests for more information.
Documents for Marriage Green Card
Documents from the U.S. Citizen Spouse:
● Proof of U.S. Citizenship: U.S. passport, birth certificate or naturalization
certificate
● Proof of Marriage: Marriage certificate
● Proof of Termination of Prior Marriages: Divorce decrees or death certificates
for all prior marriages
● Affidavit of Support (Form I-864): Shows that they can financially support their
spouse (for I-485 or DS-260)
● Proof of Financial Ability: Tax returns, W-2 forms, pay stubs or letter from the
employer (for I-485 or DS-260)
● Proof of Domicile: Evidence resides or will reside in the U.S. such as utility bills,
lease agreements or mortgage statements
● Proof of Relationship: Photos together, joint bank account statements, and
other documents showing a shared life.
Documents from the Foreign National:
● Passport
● 2 recent passport-style photos
● Visa and Travel Documents: Copies of the visa, I-94 records, and other travel
documents
● Birth Certificate: Original or certified copy
● Marriage Certificate: Original
● Police Clearance Certificate: Police certificate from any country where the
foreign national has lived for more than 6 months since the age of 16
● Medical Examination Report (Form I-693): Completed by a USCIS-approved
physician
● Proof of Lawful Entry: Evidence of lawful entry to the U.S. such as visa stamps
or I-94 records
● Proof of Relationship: Additional evidence like photos, emails, or affidavits from
friends and family.
Filing Fees and Additional Costs
The cost of the marriage green card process varies based on the location of the
immigrant spouse.
● In the U.S. (Adjustment of Status): $3,265, including optional work
authorization and advance parole, plus medical exam fees.
▪ I-130: $675
▪ I-485: $1,440
▪ I-765: $520
▪ I-131: $630
● Abroad (Consular Processing): $1,355, plus medical exam fees.
▪ I-130: $675
▪ DS-260: $325
▪ Affidavit of Support: $120
▪ Green card: $235
Medical Examination and Other Required Documents
Applicants must have a medical exam by a USCIS or Embassy approved doctor. The
medical exam is a required step to ensure the applicant meets health-related standards
for immigration, including all required vaccines. Typical cost for a medical exam is $300
to $500.
Conclusion
The time it takes for a spouse seeking a marriage-based green card can vary
significantly depending on various factors, including whether the immigrant spouse is
residing in the U.S. or abroad, and whether they are married to a U.S. citizen or a lawful
permanent resident.
Typically, cases processed through the National Benefits Center take around 0/4–8
months for U.S. citizens and longer for legal permanent residents, though the timeline
can extend from 0/2–10 months or more in some cases. The process often involves
completing the immigrant visa electronic application (DS-260) and attending a marriage
green card interview.
Given the complexities involved, from managing the application process to addressing
any challenges at the National Benefits Center, working with an experienced
immigration lawyer is highly recommended. This ensures that the application is handled
correctly, maximizing the chances of obtaining immigration benefits and legal
permanent resident status in a timely manner. Herman Legal Group can help you
through this process. With years of experience in helping clients with marriage green
card applications, we are here for you every step of the way. Contact us today to start
your path to permanent residency in the U.S.