How To Apply For a US Green Card Through Marriage: Getting a U.S. Green Card through marriage is a pathway many individuals take to live permanently in the United States. Marriage to a U.S. citizen or permanent resident offers one of the most common ways for foreign nationals to gain legal residency. However, the process can be long and complicated, with various steps to follow and forms to fill out. The key to success in this process is understanding the legal requirements, necessary documentation, and timelines involved.
In this guide, we’ll explain how to apply for a U.S. Green Card through marriage. We’ll break down the entire process step by step, covering everything from how long you must be married before you can apply to the actual application process itself. For many, this is a life changing step, and knowing the steps will help avoid common pitfalls and mistakes that could delay or even ruin the chances of getting a Green Card.
The process of obtaining a Green Card through marriage is not just about submitting the correct paperwork. It’s about demonstrating that the marriage is real and not solely for immigration purposes. The U.S. Citizenship and Immigration Services (USCIS) is very thorough when processing marriage based Green Cards to prevent fraud. Therefore, understanding the timeline and the documentation required is crucial. Let’s dive into the details of the process and how to make sure your application is successful.
How Long Do You Have to Be Married to Get a Green Card?
One of the most common questions for couples considering applying for a U.S. Green Card through marriage is: “How long do we need to be married before we can apply?” The answer to this depends on whether you are applying for a Green Card as the spouse of a U.S. citizen or as the spouse of a permanent resident.
For U.S. citizens, there is no minimum requirement for how long you must be married to apply for a Green Card. As soon as the marriage is legal and recognized in the United States, you can begin the application process. However, there is a catch if you and your spouse have been married for less than two years at the time of your Green Card approval. In that case, the Green Card you receive will be conditional, meaning it will only be valid for two years.
Once the two years have passed, you will need to file to remove the conditions, proving that your marriage is still valid and not just for immigration purposes. If you have been married for more than two years when your Green Card is approved, you will receive a permanent Green Card without any conditions.
For spouses of U.S. permanent residents, the process is a bit more complex. The main difference is that there are yearly limits on the number of Green Cards available to spouses of permanent residents. This means that even if you’re married, you will still need to wait for a visa number to become available. The wait can be anywhere from a few months to several years, depending on your country of origin and the number of applications filed in that category.
What Is the Fastest Way to Get a Green Card?
The fastest way to obtain a Green Card through marriage is by marrying a U.S. citizen. The reason is that U.S. citizens do not have any annual limits on Green Card issuance for their spouses. Once you are married, you can file a petition, and the processing time will depend on your specific case, such as where you are applying from and the complexity of your application.
Generally, if you are applying from within the United States (adjustment of status), the process takes anywhere from 10 months to 2 years. If you are applying from outside the U.S. (consular processing), it could take between 12 months to 3 years, depending on the U.S. embassy or consulate’s processing time in your home country.
For spouses of U.S. permanent residents, the process can take longer because of the annual caps on Green Card issuance. In these cases, even though the application may be processed quickly once a visa becomes available, waiting for the visa could take several years, depending on your country’s visa bulletin and the number of applicants.
There are ways to expedite your application if you face special circumstances, such as extreme hardship or if you qualify for expedited processing due to urgent matters. However, these circumstances are rare, and most people will experience the standard processing times.
What Is the Current Wait Time for a Green Card?
The current wait time for a Green Card varies widely based on a few key factors, including whether you are applying as the spouse of a U.S. citizen or permanent resident, where you are applying from, and the specific processing times at the relevant U.S. embassy or consulate.
For spouses of U.S. citizens, the process usually takes around 10 months to 2 years if applying from within the U.S. (adjustment of status). If you are applying from outside the U.S. (consular processing), it can take anywhere from 12 months to 3 years, depending on the embassy’s processing speed and your country’s specific case load.
For spouses of U.S. permanent residents, the wait time can be significantly longer because of the annual caps on visas in this category. While the petition can be filed relatively quickly, it could take several years for a visa number to become available, depending on your country of origin and the number of applicants.
It’s important to keep in mind that these wait times can fluctuate based on the backlog in the U.S. immigration system, changes in policy, or external factors such as the COVID-19 pandemic, which has caused significant delays in processing times across the board.
Are You Automatically a U.S. Citizen If You Marry an American?
No, marrying a U.S. citizen does not automatically grant you U.S. citizenship. While marriage to a U.S. citizen allows you to apply for a Green Card, becoming a U.S. citizen is a separate process that requires meeting specific residency and application requirements.
After obtaining your Green Card, you must wait a certain number of years before you can apply for U.S. citizenship. Typically, if you are married to a U.S. citizen, you can apply for naturalization after 3 years of permanent residency. During this time, you must maintain continuous residence in the U.S., be physically present for at least half of those 3 years, and demonstrate good moral character.
If you are not married to a U.S. citizen, you generally must wait 5 years after obtaining a Green Card before applying for citizenship. The naturalization process involves passing a citizenship test, attending an interview, and swearing an oath of allegiance to the U.S.
Can I Live in America If I Marry an American?
Yes, if you marry a U.S. citizen or permanent resident, you can apply for a Green Card, which will allow you to live and work in the U.S. legally. After the Green Card is granted, you will become a permanent resident of the United States, with the right to live, work, and travel freely within the country.
If you are already living in the U.S. when you marry, you can apply for a Green Card through the process known as adjustment of status. If you are outside the U.S., you can apply through consular processing, which will allow you to obtain the necessary visa to enter the U.S. and then apply for a Green Card.
It’s important to remember that the U.S. government takes marriage fraud seriously. Therefore, your marriage must be legitimate and not for the sole purpose of gaining immigration benefits. You must be able to demonstrate the authenticity of your relationship during the application process.
How Long Does It Take to Get a Green Card?
The process of getting a Green Card through marriage can take anywhere from 10 months to several years, depending on your specific situation. If you are married to a U.S. citizen, the wait time can range from 10 months to 2 years if you are applying for adjustment of status within the U.S. or from 12 months to 3 years if applying through consular processing abroad.
For spouses of U.S. permanent residents, the wait time can be significantly longer due to the annual limits on Green Card issuance in this category. It can take anywhere from 1 to 5 years or longer to obtain a Green Card, depending on the country of origin and the number of applicants in that category.
To expedite the process, ensure that you submit all necessary documentation, attend all required interviews, and follow up regularly on your case. Delays often occur due to incomplete paperwork or a backlog at the U.S. Citizenship and Immigration Services (USCIS) or consular processing centers.
Conclusion
How To Apply For a US Green Card Through Marriage: Applying for a U.S. Green Card through marriage can be a long and complex process, but it’s one of the most reliable paths to permanent residency in the United States. Whether you are married to a U.S. citizen or permanent resident, understanding the steps involved and the timeline for processing can help make the journey smoother. It’s crucial to ensure that your marriage is genuine, provide all required documents, and remain patient throughout the process.
With the right preparation and knowledge, obtaining a Green Card through marriage can be a life-changing opportunity to build your future in the United States.
