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
- If your spouse is a US citizen:
- 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 “Info Pass” 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.
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?
FAQs
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.
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.
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