If you want to apply for a green card through marriage, you may be wondering what the average processing time for a green card through marriage really is. The immigration process, no matter what pathway you take, is usually quite lengthy, and you want to have a realistic idea of how long this will take. You also need to be aware of the common mistakes individuals make when applying for a green card, as any discrepancies or issues can result in a longer wait time. Here is everything you need to know about getting a green card through marriage and how long the entire process takes.
How to Get a Marriage Green Card
Obtaining a green card through marriage is a three-step process that starts with filing form I-130. Once you have filed that form, you will need to officially apply for a green card through form I-485, which is an adjustment of status. Keep in mind that you will only file this form if you are living in the U.S.; if you are a foreign national living abroad, you will need to file form DS-260.
After you have filed the necessary forms, you will need to attend a scheduled marriage-based green card interview.
If you receive an approval after the interview, you will be able to move onto the next steps of obtaining a green card. If you have been married for less than two years, you will receive a conditional green card. After two years, you can apply to remove the conditions on the green card and obtain a 10 year green card and after an additional year, you can apply for U.S. citizenship.
Proving Eligibility For a Marriage-Based Green Card
Just like other types of green cards, marriage-based green cards have certain eligibility requirements you must meet. To prove that you qualify for a green card through marriage, there are certain supporting documents you will need to provide when you are submitting the necessary forms. The purpose of these supporting documents is to prove your identity as well as that the marriage is legitimate.
Here are the main supporting documents you will need to provide:
- Legal marriage certificate
- Birth certificate
- Evidence that the marriage is real
- Proof of legal entry into the United States
- Proof of U.S. citizenship for the sponsoring spouse
- Proof of divorce from previous marriages, if applicable
It is important to hire an immigration attorney when you begin the process of applying for a green card through marriage. Although this process may seem straightforward, there are many issues you may run into along the way, especially when it comes to proving that the relationship is valid.
An immigration attorney can help you fill out the immigration forms, ensuring everything is correct and meets the requirements of the USCIS. If you receive a request for additional evidence, your attorney can also help you locate additional supporting documents to prove the validity of the marriage.
How Much Does a Marriage-Based Green Card Cost?
Another aspect of applying for a green card through marriage that you need to be aware of is the filing fees. Applying for a green card is a significant investment and you’ll usually need to plan well in advance to cover the application fees.
For a marriage-based green card, the application fee as of right now for applicants living in the United States is $3005. For applicants living outside of the U.S., the application fee is $1340.
Green Card Through Marriage Timeline
You may be wondering how long it takes to get a green card through marriage and the answer will be different for every situation. However, the average green card through marriage processing time is usually 9.3 months. Keep in mind that this is dependent on whether you are married to a U.S. citizen or a green card holder.
How long it takes to get a green card after marriage is also dependent on where you currently live when you apply for the green card. For instance, if you are married to a U.S. citizen the wait time is about 9.3 months for those in the U.S. and 14.3 months for those living abroad. If you are married to a U.S. green card holder and live in the U.S. or live abroad, the average wait time is 35 months.
Can You Speed Up The Process of Getting a Marriage-Based Green Card?
Unfortunately for most people, speeding up the processing time for getting a green card through marriage isn’t an option. The best way to make this process as quick and painless as possible is to simply avoid common mistakes when it comes to filing forms and providing supporting documents.
However, there are rare instances where you may have the option of requesting that your application be expedited. Expedite requests for green cards are at the discretion of the USCIS and are only granted in certain circumstances, such as:
- Severe financial loss
- Urgent employment needs
- Family or medical emergencies
- Urgent humanitarian reasons
The USCIS may also accept expedited requests if this is in connection with a clear error on the part of the USCIS. For instance, this would only be applicable if the USCIS misplaced your application or made another type of mistake that significantly delayed the processing time.
If you believe that you qualify for an expedited request, it is crucial that you get the help of an immigration attorney before you submit your request. You will need to be able to prove that you meet one of the unique situations where the USCIS would grant your request, otherwise, you will need to wait for the average processing time.
Hire an Immigration Attorney Today
Do you want to apply for a green card through marriage so that you can live and work anywhere in the U.S.? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
