How Long Does a Marriage-Based Green Card Take? Timeline Explained

When you are applying to a marriage based green card, it is entirely natural to ask yourself a question, how long the process will last. To most couples it is a big milestone to be taken as they endeavor to establish a life in the United States and waiting could be a stressful experience. While timelines vary, understanding the general process can help you set realistic expectations.

The Eligibility: Making the Petition.

This typically starts with the filing of the U.S. citizen or green card holder spouse filing Form I-130 in order to establish that the marriage was real and legally valid.

In the event that the spouse who applies to be given the green card is already in the United States and meets the requirements, he/she can also file Form I-485 at the same time. This is referred to as Adjustment of status. Submission of both forms concurrently would be useful in expediting the case.

The first stage may require several months to process, depending on the workload of USCIS and your case.

Background Checks and Biometrics.

The applicant would be then booked into a biometrics appointment after filing. Here, photos and fingerprints are captured in conducting background checks. It is a normal procedure and it normally occurs within a matter of few weeks to a couple of months of filing the application.

Work Permit While You Wait

You may also issue a work permit in case you submitted an Adjustment of Status. Most of the applicants get their employment authorization within a few months and this enables them to legally work as the green card application awaits. This may be a huge relief to couples who have to handle finances at the waiting period.

The Marriage Interview

In the majority of situations, both partners will be requested to be interviewed by an officer of the USCIS. This is to ensure that your marriage is not fake. You might be questioned on the way you met, your day to day activities, mutual duties, and your future.

This interview is a very crucial aspect of the process. It is a difference to be prepared and organized. Most of the couples opt to consult a marriage based green card attorney to help them become fully prepared and be confident during the interview.

How Long Does It All Take?

The average marriage based green card would take 10 months up to more than 20 months.

The schedule will be based on various aspects, which include:

• The citizenship of your spouse or whether he is a permanent resident of the U.S or not.
• No matter whether you are an inside applicant or outside applicant to the United States.
• USCIS processing times
• Requesting of additional documents.

In case your marriage is less than two years upon approval, a conditional two-year green card will be granted to you. In case you are married over two years, you will be granted a 10 year green card.

What Can Cause Delays?

The reasons of delays are numerous, and they can include incomplete paperwork, absent documents, Requests for Evidence, or a re-scheduling of interviews. Mistakes even minor ones can extend the process by several months.

This is the reason why most couples tend to seek the services of an immigration lawyer that residents of Edison NJ recommend. Professional assistance may be what can be done to avoid mistakes, decrease stress, and present your case in the most transparent and correct way.

Final Thoughts

The green card marriage procedure is not a mere paperwork. It concerns the future of you, your family and your stability in the United States. When the waiting period may be a lengthy one, the journey can become a lot easier with the appropriate preparation and correct legal advice.

When you are all set to start or when you have some questions regarding your case, the Law Office of Abhisha Parikh would like to assist you to take the basic steps forward with some confidence. Contact us today and get a consultation and begin the journey to permanent residence.