How long does a marriage Green Card takes?
Understanding how long a marriage Green Card takes to be approved depends on several factors, including what type of family relationship allows for your Green Card eligibility.
Another important point is whether your relative holds U.S. citizenship or legal permanent residence, where you are from, where you are applying for the Green Card as well as whether USCIS must ask for additional proof while it is deciding your case.
In this post, we’ll cover how long it takes to get a Green Card through marriage.
How fast can my spouse get Green Card?
Keep in mind, that there are other ways to get a Green Card, such as through employment or as a refugee, but the process and timeline for getting a green card are very different in each case.
If you’d like to get an idea for how long you can expect to wait for your marriage Green Card, though, read on. Keep in mind that USCIS processing times frequently change, so if you prefer, contact us!
In general, the current total wait time for a marriage Green Card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or Green Card holder and where you currently live.
There are many situations to define the waiting time, for example, if your spouse seeking a Green Card, lives in the U.S. and you are a U.S. citizen, the estimated time is 22-40 months.
But if the spouse seeking a green card lives in the U.S. and is married to a U.S. Green Card holder, the total estimated time is 21-56 months.
Another situation is if the spouse seeking a Green Card, lives abroad and is married to a U.S. citizen, the total estimated time is 10-15 months. If the spouse seeking a Green Card, lives abroad and is married to a U.S. green card holder, in general, the total estimated time is 10-15 months too.
Can I Stay in US While Waiting for Marriage Green Card?
It depends on which category you are applying under and which country you are from.
Some spouses can stay in the U.S. for the whole process of applying for a U.S. Green Card.
Other spouses must leave the U.S., either while they wait for a visa or in order to attend their immigrant visa interview.
In general, an immigrant visa is immediately available if:
- You are the direct relative of a U.S. citizen petitioner;
- You are applying based on having received asylum or refugee status in the U.S;
- You are applying for residence certain other family members;
- If you have a U.S. employer in a category where there are fewer applicants each year than the number of available visas.
In resume, you need to know if you’re allowed to apply for your Green Card without leaving the U.S., through the procedure known as “adjustment of status”.
If your eligibility category makes you a “preference” beneficiary, then a visa is not immediately available to you.
After your petition on Form I-130 or I-140 with U.S. Citizenship and Immigration Services is approved, you will receive a “Priority Date,” or a place on the waiting list.
So, you don’t receive any right to remain in the U.S. while you wait for your Priority Date to become current.
Once you file for your adjustment of status and your EAD gets approved you are allowed to work in the U.S.
Are you needing information about Green Card? We have the best help putting together all required forms and documents and submitting them to the USCIS.
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