How much time is involved in obtaining a green card after marriage?
How long does it generally take to obtain a green card after entering into marriage?
A foreign national who marries an American citizen or U.S. permanent resident has the opportunity to become a Lawful Permanent Resident (LPR) of the United States and receive a Green Card once all of the eligibility requirements have been satisfied.
Furthermore, a foreign-born spouse who has received a Green Card after marriage has the option to become an American citizen through the naturalization process after satisfying the U.S. residency requirement and other criteria.
This guide will give you the essential information about marriage-based Green Cards, including the basic application procedure and how long it takes to get a Green Card after marriage, so keep reading to learn more!
Table of Contents
What happens when one marries an American citizen?
When a foreign national marries a U.S. Permanent Resident Green Card holder, he or she does not automatically become a Lawful Permanent Resident (LPR) of the United States and receive a Green Card.
Rather, the foreign-born spouse of a Green Card holder will need to get a Green Card after marriage by going through the Family Sponsorship process.
Once the foreign-born spouse of a U.S. Permanent Resident has been living in the USA with a Green Card for the required amount of time and also satisfied the other eligibility criteria, he or she will have the option to apply to become an American citizen through the naturalization process.
How to apply for the Green Card by marriage
- The American citizen or permanent resident sponsor will file with U.S. Citizenship and Immigration Services (USCIS):
- Form I-130 Petition for Alien Relative
- Form I-130A Supplemental Information for Spouse Beneficiary
- Form I-864 Affidavit of Support
- If USCIS approves the Form I-130 Petition for Alien Relative, the next steps will depend on whether the sponsored spouse is being sponsored by an American citizen or U.S. permanent resident AND whether the sponsored spouse is already living in the USA or is residing outside of the United States:
- Sponsored Spouse Is Married to a U.S. Citizen and Living in the USA:
- Sponsored spouse files Form I-485 Application to Register Permanent Residence or Adjust Status with USCIS
- Sponsored spouse will provide biometrics during appointment scheduled by USCIS
- Sponsored spouse and sponsoring spouse will attend an interview at the USCIS office
- If approved, the marriage-based Green Card will be sent to the sponsored spouse a few weeks after the interview
- Sponsored Spouse Is Married to a U.S. Citizen and Living Outside the USA:
- The sponsored spouse files Form DS-260 Immigrant Visa Electronic Application
- The National Visa Center will process the Form DS-260 and send it to the US embassy
- The sponsored spouse will attend the consular interview at the US embassy or consulate
- If approved, a U.S. Immigrant Visa will be placed in the passport of the sponsored spouse
- The sponsored spouse will immigrate to the United States to join his or her spouse living in the USA
- USCIS will send the marriage-based Green Card to the sponsored spouse several weeks later
- Sponsored Spouse Is Married to a U.S. Permanent Resident and Living in the USA:
- The sponsored spouse must wait for a visa number to become available
- Once a visa number becomes available, the sponsored spouse files Form I-485 with USCIS
- Sponsored spouse will provide biometrics during an appointment scheduled by USCIS
- Sponsored spouse and sponsoring spouse will attend an interview at the USCIS office
- If approved, the marriage-based Green Card will be sent to the sponsored spouse a few weeks after the interview
- Sponsored Spouse Is Married to a U.S. Permanent Resident and Living Outside the USA:
- The sponsored spouse must wait for a visa number to become available
- Once a visa number becomes available, the sponsored spouse files Form DS-260
- The National Visa Center will process the Form DS-260 and send it to the US embassy
- The sponsored spouse will attend the consular interview at the US embassy or consulate
- If approved, a U.S. Immigrant Visa will be placed in the passport of the sponsored spouse
- The sponsored spouse will immigrate to the United States to join his or her spouse living in the USA
- USCIS will send the marriage-based Green Card to the sponsored spouse several weeks later
Please note that this is an overview of the process, other steps may be required (for example, a medical exam may be requested), government fees must also be paid, and the requirements and procedures are subject to change.
How long does it take to get a marriage Green Card?
In general, it can take approximately 11-16 months to get a marriage Green Card; however, it can take around 20-30 months in some cases, such as when the sponsored spouse is not living in the USA.
The main factors that will impact the Marriage Green Card Timeline
The amount of time required to get a marriage Green Card will depend on factors such as:
- whether the sponsored spouse is living in the USA or outside of the United States
- whether the sponsored spouse is married to an American citizen or U.S. permanent resident
- whether the Form I-130 and Form I-485 are filed at the same time or separately
- how busy the U.S. government officials are who are processing the petitions and applications
Marriage Green Card Timeline
Currently Living in the U.S.
- Sponsored spouse who is married to an American citizen: around 11-16 months
- Sponsored spouse who is married to a U.S. permanent resident: about 11-16 months
Currently Living Abroad
- Sponsored spouse who is married to an American citizen: approximately 12-18 months
- Sponsored spouse who is married to a U.S. permanent resident: around 20-30 months
Final Words
After an American citizen or U.S. permanent resident marries a foreign national, there is a process that can be followed for him or her to receive a marriage-based Green Card.
It takes several months to get a Green Card after marriage, so patience and persistence are important during the process.
In general, it takes less time to receive a marriage-based Green Card if the sponsored spouse is married to an American citizen compared with the longer processing time if the sponsored spouse is married to a U.S. permanent resident.
The process can move forward faster if the sponsored spouse is already living in the USA and the Form I-130 Petition for Alien Relative and the Form I-485 Application to Register Permanent Residence or Adjust Status are filed at the same time.
Although the process to get a Green Card after marriage is lengthy and involves several steps, a successful outcome is well worth the time and effort, since both spouses will be able to live in the USA together for an unlimited period of time.
Furthermore, a Green Card holder can apply to become an American citizen after living in the USA for a certain amount of time and meeting other eligibility requirements.
There are additional ways to get a Green Card, including through other types of Family Sponsorship, Employment-Based Green Cards, and the Green Card Lottery.
Since 2001, USAFIS has been helping thousands of people around the world to pursue their American Dream to live and work in the USA.
USAFIS can provide you with a US Visa Assessment that will evaluate your details and let you known which visa option is right for you.
Additional services are also available to USAFIS customers to help them have a smooth relocation experience.
Frequently Asked Questions (FAQ’s)
Do you automatically get a Green Card when you marry a U.S. citizen?
No, you do not automatically get a Green Card when you marry a U.S. citizen. The U.S. citizen can, however, sponsor his or her foreign-born spouse for a marriage-based Green Card.
Can I apply for a Green Card immediately after marriage?
Yes, you can immediately start the process to get a Green Card after marriage. Documentation and other proof will need to be provided to USCIS during the application process to verify that the marriage is legitimate. If the spouses have been married for less than two years, a conditional Green Card that is valid for two years will be issued. Afterwards, before the conditional Green Card expires, the sponsored spouse can apply to USCIS to receive a regular Green Card which is valid for 10 years.
How long does it take to get a Green Card through marriage?
It can take from about 11 months up to around 30 months to get a Green Card through marriage, depending on various factors. When the sponsored spouse is already legally living in the USA, it can take approximately 11-16 months to receive a marriage-based Green Card. If the sponsored spouse is not living in the USA, it could take about 12-18 months if married to an American citizen or around 20-30 months if married to a U.S. permanent resident. Other factors could decrease or increase the amount of time required.
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