Guide to U.S. Marriage-Based Green Card: Adjustment of Status and Consular Processing Timelines

How can you quickly obtain a U.S. green card through marriage? We have compiled detailed application steps and timelines, from adjustment of status within the United States to consular processing abroad, with each step thoroughly explained.

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There are several ways to become a permanent resident, and one common method is marrying a U.S. citizen or permanent resident. The green card application involves several steps, and the specific process depends on whether you apply from within the United States or from abroad.

Spouse Is a U.S. Citizen or Permanent Resident

The rules differ depending on whether your spouse is a U.S. citizen (USC) or a lawful permanent resident (LPR).

The U.S. government issues a limited number of green cards each year. These quotas are further divided by green card category and country of birth. These limits can sometimes lead to visa waiting periods.

These restrictions do not apply to spouses of U.S. citizens. Immediate relatives of U.S. citizens can obtain green cards without being subject to quota limits. This means that if you marry a U.S. citizen, you can get a green card once your case is processed. However, processing times can still be long.

If you marry a lawful permanent resident, you may need to wait for a visa number. Each month, the U.S. Department of State publishes the Visa Bulletin, which shows your priority date. You need to check the current Visa Bulletin to see if you need to wait for a visa. You will fall under the second preference category (F2A) — spouses and unmarried children under 21 of lawful permanent residents.

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Applying Within the United States (Adjustment of Status)

If you are already in the United States, you will most likely obtain a green card through adjustment of status (AOS). This process allows you to get a green card while in the United States. Note that not everyone in the United States is eligible for adjustment of status. You must be found eligible for adjustment of status. Factors such as criminal records, immigration violations, and certain diseases may make you ineligible. In some cases, you can apply for a waiver.

Steps and Timeline for Adjustment of Status

• Your spouse files Form I-130, Petition for Alien Relative, along with Supplement I-130A, with U.S. Citizenship and Immigration Services (USCIS).

• File Form I-485, Application to Register Permanent Residence or Adjust Status. If your spouse is a U.S. citizen, you can file Form I-485 and Form I-130 concurrently. If your spouse is a lawful permanent resident, you need to check the Visa Bulletin to determine whether you can file Form I-485 concurrently. As of now, spouses of lawful permanent residents can file Form I-485 concurrently. Your spouse also needs to file Form I-864 to show that you are unlikely to become a public charge (a person dependent on government financial support). You may also file Form I-765 and Form I-131, which will allow you to work and travel abroad while your case is pending.

• Attend a biometrics appointment. About 3 to 4 months after filing your AOS application, you will receive a notice to attend a biometrics appointment at your local USCIS office. There, you will have your photograph taken and fingerprints collected.

• Attend the green card interview. Before receiving your green card, you and your spouse need to be interviewed by an immigration officer at your local USCIS office. This is the final step to becoming a permanent resident. The time from filing the AOS application to the interview can range from less than 1 year to more than 3 years. The specific time depends on the local USCIS office. Offices in large cities such as New York and Miami typically have longer wait times due to a high volume of applicants.

• Receive your permanent resident card. Most people receive their green card within 1 week to 1 month after the interview, but sometimes it may take longer. If you have been married for less than two years, you will receive a conditional green card. After two years, you need to apply to remove the conditions.

The entire adjustment of status process takes approximately 1 to 3 years.

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Applying Outside the United States (Consular Processing)

If you are outside the United States, you will obtain a green card through a U.S. consulate in your country or country of residence (if different). You can also choose this route if you are not eligible for adjustment of status.

Steps and Timeline for Consular Processing

• Your spouse files Form I-130, Petition for Alien Relative, along with Supplement I-130A, with USCIS. Processing time depends on which service center handles your case and whether your spouse is a U.S. citizen or a lawful permanent resident. If your spouse is a U.S. citizen, processing time is typically 6 months to nearly 3 years. If your spouse is a lawful permanent resident, processing time is typically 1 to 2 years.

• Once the I-130 is approved, your case will be sent to the National Visa Center (NVC). If you are married to a U.S. citizen, there is no waiting time, and this process can begin immediately. If you are married to a lawful permanent resident, you may need to wait for a visa number. As of now, the wait time for the F2A category is short, and a visa number should be available when the I-130 is approved. The NVC takes about 2 weeks to process your case.

• You and your spouse need to pay fees and upload the required documents. The spouse needs to submit Form I-864 and supporting documents. You need to submit Form DS-260, the online visa application, and civil documents. After all documents are uploaded, the NVC takes about 3 months to review your documents.

• Once the NVC approves your application and documents, they will schedule a visa interview for you. Currently, it is difficult to predict the time needed for an appointment. The COVID-19 pandemic closed consulates, and not all consulates have resumed normal visa processing. Even if resumed, there is still a severe backlog of appointments. Before the pandemic, the wait time for a visa interview was typically 2 to 6 months. The specific time depends on the individual consulate.

• You will receive a visa allowing you to enter the United States. This is usually quick, within 1 to 2 weeks. Some cases are sent for administrative processing, which may add weeks or months. If this happens, it is usually because of your background or complex factors in (or suspected in) your case.

• After entering the United States, you will receive your green card within about 90 days. If you have been married for less than two years, you will receive a conditional green card. After two years, you need to apply to remove the conditions.

From filing the I-130 to receiving the green card, consular processing takes approximately 1 to 4 years.

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Applying for a green card through marriage is one of the common ways to obtain a green card. You should now have a clearer understanding of the application process and timeline.

The timeline can vary greatly. Factors such as adjustment of status or consular processing, whether your spouse is a U.S. citizen or lawful permanent resident, and the USCIS service center, field office, or consulate handling your case can all affect the timeline.