To qualify for a green card through marriage, you must have a bona fide marriage. This means you married for genuine love and the intent to remain together for a lifetime. Of course, we all understand that many marriages begin with good intent but end in divorce. Provided you are not divorced or legally separated, it is possible to obtain a green card.
However, we always recommend that you seek the counsel of an experienced immigration attorney in situations with marital problems. USCIS officers are smart enough to recognized these issues. Therefore, contact an attorney if you are living apart at separate addresses at any point in the marriage.
Sometimes a married couple is forced to live apart, even in different countries. This is usually the result of an employment assignment or other temporary situation. Examples include a spouse serving in the U. These situations generally are not problems, but they do make your situation more complicated.
The time it takes to get a green card through marriage can vary depending on the immigration path consular process or adjustment , visa availability, case load, and your ability to submit an organized application package. Currently, the visa bulletin is current for spouses of permanent residents F2A category. That means an immigrant visa is immediately available. There are always visas available to spouses of U.
In the future, the visa wait time for F2A could grow. At the time of writing this article, backlog for many petitions and applications is extremely high due to COVID restrictions and policies during the Trump administration. USCIS processing times should come down over the next few months. As such, the adjustment of status time line is running approximately 8 to 14 months for applicants of a green card through marriage.
The consular processing time line is taking approximately 7 to 12 months. As a general rule, a permanent resident is eligible to naturalize as U. The permanent resident spouse of a U. Removal of Green Card conditions. Provisional Unlawful Presence Waiver. Same Sex Marriage. O-1 Entertainment Visas. EB-3 Visas. Citizen or a Permanent Resident , Where the beneficiary is in the U.
What if the beneficiary overstayed their visa? What if the beneficiary entered without inspection? How long does it take in case of an RFE? How long does it take for us to file your application? Which are the main factors that impact the Marriage Green Card Timeline? Citizen vs Permanent Resident :. The average processing times for this case are: If the petitioner is a U. Citizen: 9 to 12 months on average If the petitioner is a PR: 12 to 16 months on average.
Assuming you are filing the I and I petitions concurrently, the following are the estimated processing times for each local field office as for now: Los Angeles, CA: 10 to The following are the processing times of the I petition for each service center as for now: For the California Service Center, as mentioned before, the processing times are: What if the beneficiary spouse entered legally but overstayed their visa?
What if the beneficiary is in the U. How much time should it take if the petitioner is going through a divorce? Contact us. Boundless takes all the required government forms for your situation and turns them into simple questions you can answer online in under two hours.
Get started today. With Boundless, you get an experienced independent attorney to review all of your materials and answer your questions. Ready to start? See how we help you.
Boundless — for people who want the expertise of an immigration lawyer, not the price tag. If you marry a permanent resident and are not eligible to apply for the green card yet, you can only work if you have a nonimmigrant status that allows work authorization.
No, because you will not be a U. You can apply to become a U. In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years.
After two years, you will need to file Form I to remove the conditions of residence and to get a permanent green card. If you have already been married for two years when you are interviewed for your initial green card, that card will be permanent. It may not seem logical, but you have to be very careful about travel if you marry an American or green card holder. If you are in F, J, or tourist status, you are expected to have a home abroad and the intent to return there. When you apply for a visa stamp at a U.
Marriage to a U. If you need a new visa stamp in order to return to the United States, the likelihood that your will visa will be denied is strong—even if you plan to continue as a full-time student. As long as you have a valid visa stamp, will be continuing as a full-time student, and have your I or DS signed for travel by OIS, you may be able to re-enter the United States even if you have married a U.
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