How fast is a marriage-based Green Card approved?

How fast is a marriage-based Green Card approved?

If you have any immigration-related questions, call us today at (619) 746-8879

The current marriage-based Green Card has an average wait time of 18 months. This depends on whether you marry a US citizen or Green Card holder and the place where you live (according to the location, other conditions can be applied).

But, in general terms, this is how long it regularly takes to get a marriage Green Card:

In other words, when the spouse who is applying for the Green Card lives in the US and is married to a US citizen, you need to file Form I-130 to establish the marriage relationship and also apply for the Green Card at the same time (Form I-495, Application to Register Permanent Residence or Adjust Status). This entire process takes about 13.5 to 23.5 months. However, if the non-US-Citizen spouse lives abroad, the wait time is about 13 to 15 months.

On the other hand, if the person applying for a Green Card is married to a Green Card holder, they also need to file Form I-130 and Form I-485, and the wait time is considered the same as the other situation. Nonetheless, it could take longer (from 17 to 33 months) if the person applying for the Green Card lives abroad.

March 24, 2023 update

The April 2023 Visa Bulletin caused a drastic adjustment to the F-2A family-based category (Spouses and Unmarried Children (Under Age 21) of US Green Card Holders). Since then, the “Final Action Dates” for these applications are no longer current due to an influx of backlogs in the category. 

As for Mexican applicants, the “Final Action Date,” or priority date, has been set back to September 8, 2020. This leads to longer wait times for Green Cards under the F-2A category.

Frequently Asked Questions

• How much does the marriage Green Card process cost?
• The cost depends on several factors, one of those being if the application was filed in the US or not. Currently, the cost for someone living in the US is $1760, and for an applicant living outside the US, $1200. These costs will likely increase after May 2023, according to the USCIS.

• What do you need for a successful marriage Green Card application?
• To succeed, the applicant must be able to prove that the marriage is genuine and that they also meet all of the other eligibility requirements, such as being married to a US citizen or permanent resident, being at least 18 years old, and not having a criminal history.

• What can delay a marriage Green Card process?
• There are many reasons why delays can occur during the process, such as proving bona fides of the marriage, meeting the other requirements, and errors in the applications. USCIS may also request additional information, which can also cause delays in the process.

• Can you work with a pending marriage-based Green Card?
• Yes, you may be able to apply for work authorization if you are currently living in the US. On the contrary, you will not be able to work until you have received your Green Card and entered the US.

• Can you travel with a pending application?
• You may be able to travel outside the US if you are currently living in the US while the marriage-based Green Card is still pending with advance parole. Nonetheless, if you are applying from another country, you will not be able to travel until you receive your Green Card.

• What happens if your US citizen or permanent resident spouse dies during the pending application?
• If your spouse dies during the process, your application will be automatically denied.

• How long does it take to become a US citizen?
• After obtaining a marriage-based Green Card, you can apply for citizenship 3 years later. However, it depends on your particular circumstances to become an American.

• Do I need an attorney to apply for a marriage-based Green Card?
• You are not required to have an attorney represent you during the Green Card process, but seeking legal assistance can give you a greater chance of success.

If you need an immigration attorney in San Diego, California, contact Kannan Law, we are ready to answer your questions.