How long does it take to obtain a green card if the spouse is in the US?
The timeline for obtaining a green card through marriage when the spouse is already in the United States can vary based on several factors. Here is a general outline of the process:
- File Form I-130, Petition for Alien Relative: The U.S. citizen spouse must file this form to establish the qualifying relationship with the foreign spouse. Processing times for the I-130 can vary, but it typically takes several months.
- National Visa Center (NVC) Processing: Once the I-130 is approved, the case is forwarded to the National Visa Center for additional processing. This includes submitting visa fees and supporting documentation. The NVC processing can take a few months.
- Consular Processing or Adjustment of Status: If the foreign spouse is outside the U.S., they go through consular processing at a U.S. embassy or consulate. If the foreign spouse is already in the U.S., they may be eligible to adjust their status to that of a permanent resident. The timeline for consular processing or adjustment of status can vary, but it often takes several months.
- Interview: Both consular processing and adjustment of status require an interview to assess the validity of the marriage and other eligibility factors.
- Conditional Green Card: If the marriage is less than two years old at the time the foreign spouse obtains the green card, they will receive a conditional green card. The conditional green card is valid for two years.
- Removal of Conditions: To convert the conditional green card into a permanent one, the couple must file a joint petition (Form I-751) during the 90-day period before the conditional green card expires. This involves proving that the marriage is still valid. The processing time for the removal of conditions can also vary.
How long does it take to obtain a green card if the spouse is abroad?
Obtaining a green card through marriage when the spouse is abroad typically involves a process called consular processing. Here’s a general outline of the marriage green card timeline:
- File Form I-130, Petition for Alien Relative: The U.S. citizen spouse must file this form to establish the qualifying relationship with the foreign spouse. Processing times for the I-130 can vary, but it typically takes several months.
- National Visa Center (NVC) Processing: Once the I-130 is approved, the case is forwarded to the National Visa Center for additional processing. This includes submitting visa fees and supporting documentation. The NVC processing can take a few months.
- Consular Processing: After the NVC processing, the case is transferred to the U.S. embassy or consulate in the foreign spouse’s home country. The foreign spouse will attend an immigrant visa interview at the U.S. embassy or consulate. The waiting time for an immigrant visa interview appointment can vary, and the actual processing time at the embassy or consulate may also vary.
- Medical Examination and Background Check: Before the interview, the foreign spouse is typically required to undergo a medical examination and background checks.
- Immigrant Visa Issuance: If the consular officer approves the immigrant visa, the foreign spouse will receive an immigrant visa on their passport, allowing them to travel to the United States.
- Travel to the United States and Pay the USCIS Immigrant Fee: After receiving the immigrant visa, the foreign spouse can travel to the United States. Before traveling, they must pay the USCIS immigrant fee online.
- Receive Green Card: Upon arrival in the U.S., the foreign spouse’s green card will be mailed to their U.S. address.
How to expedite the processing time of a marriage green card application?
Expediting the processing time of a marriage green card application is generally challenging and reserved for specific circumstances. U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have guidelines for requesting expedited processing in certain situations. Here are some factors that might be considered for expedited processing:
- Extreme Hardship: If there are compelling and urgent circumstances that would result in extreme hardship if the green card is not granted quickly, the applicant may request expedited processing. This could include serious medical issues, financial hardship, or other situations that make it crucial for the foreign spouse to join the U.S. citizen spouse as soon as possible.
- Urgent Travel: If the foreign spouse has urgent travel needs due to unforeseen circumstances, such as a family emergency, they may request expedited processing.
- Military or Governmental Interests: In some cases, members of the U.S. military or government may be eligible for expedited processing due to the nature of their service.
To request expedited processing, you typically need to follow these steps:
- Contact USCIS or the Consulate: Reach out to USCIS or the U.S. embassy or consulate handling your case as soon as possible. Contact information can usually be found on the USCIS website or the website of the U.S. embassy or consulate in the foreign spouse’s home country.
- Provide Supporting Documentation: Clearly explain the reason for the expedite request and provide any supporting documentation that demonstrates the urgency and need for expedited processing. This could include medical records, letters of support, or other relevant evidence.
- Follow Specific Instructions: USCIS and the Department of State have specific instructions for requesting expedited processing. Make sure to follow these instructions carefully.
Keep in mind that the decision to grant expedited processing is at the discretion of USCIS or the consular officer, and not all requests are approved. It’s important to provide clear and compelling evidence to support your request.