After marrying a U.S. citizen or green card holder, you and your spouse may be looking to begin your life together in the United States. To do this, you must obtain a green card, allowing you to remain in the country as a permanent resident. Securing permanent residency allows immigrant spouses to stay in the country, along with many other benefits.
Unfortunately, the process of securing a green card can be lengthy. For couples in a same-sex marriage, understanding the gay marriage green card process is crucial, as it involves additional steps to prove the legitimacy of the relationship. However, by being properly prepared and knowing what to expect, you can ensure that you get through the marriage green card timeline as quickly as the bureaucratic process will allow.
What Is a Green Card Through Marriage?
A marriage green card is one of the most common types of permanent resident cards. This type of green card is one of the quickest and easiest to obtain as long as you entered into a legitimate marriage. The legitimacy of your marriage will be highly scrutinized when applying for a green card in this manner, as many people get married in an attempt to cheat the system.
Even though a marriage-based green card is one of the quickest types to acquire, it can still be several months to well over a year before you finally have the green card in your possession. Exactly how long it will take and the process depends on the specifics of your case.
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How Long Does It Take to Get a Marriage Green Card?
The timeline for getting a green card through marriage is generally going to be anywhere from six months to a year and a half. Factors such as whether you are applying while within the United States or abroad and if you are married to a U.S. citizen or a green card holder can affect how long the process will take.
| If you’re married to a… | And currently live in… | Then your wait time is… |
| U.S. Citizen | The U.S. | 11-20 months |
| Outside the U.S. (Abroad) | 7.5-13.5 months | |
| U.S. Green Card Holder | The U.S. | 11-20 months |
| Outside the U.S. (Abroad) | 13.5-35.5 months |
The green card through marriage timeline can also be affected by which USCIS or consulate office you apply through and their current backlog.
Marriage Green Card Timeline
There are many steps in the marriage-based green card timeline. The specific steps you will need to follow, depend on the manner in which you are applying and the residency status of your sponsor spouse.
Scenario #1: Married to U.S. Citizen & Applicant Spouse Living Inside the U.S.
People applying for a marriage-based green card through this method are likely going to have the shortest wait to receive their permanent residency. There are five main steps in this process.
Step 1. Filing Green Card Application
The first step towards receiving your marriage-based green card is filing your application. Multiple documents must be submitted when applying for a green card, as well as some optional documents you can file if necessary for your situation. Documents you will file when submitting your application include:
- Form I-130: Petition for Alien Relative
- Form I-130A: Supplemental Information for Spouse Beneficiary
- Form I-485: Application to Register Permanent Residence or Adjust Status
- Form I-864: Affidavit of Support Under Section 213A of the INA
- Form I-765: Application for Employment Authorization (optional)
- Form I-131: Application for Travel Document (optional)
You will also need to include filing fees and supporting documents along with your Form I-130, including items proving:
- The sponsor spouse is a U.S. citizen or green card holder
- The marriage is legally valid
- The marriage is based on an actual relationship and not done solely for the purpose of obtaining a green card.
- The nationality of the beneficiary spouse
Step 2. Biometrics Appointment
After USCIS receives your green card application, they will issue a receipt notice after about two to three weeks with your case number. This number can be used to track the status of your application online with the USCIS Case Status Checker.
After that, you will receive a notice of an appointment date for your biometrics to be taken. This notification will usually arrive between three and five weeks after filing, and your appointment will be scheduled for about a week after the notice is received.
At the biometrics appointment, USCIS will take your fingerprints, photograph, and signature. This information will be used to run a background and security check.
Step 3. Employment Authorization Document (EAD) Card Arrives for the Applicant
If you chose to file the optional Form I-765: Application for Employment Authorization and Form I-131: Application for Travel Document, you will likely receive your approval notice and EAD card in the mail a few months after filing. The EAD card will allow you to work in the U.S. and travel outside the country while your green card application is being processed.
Step 4. Attending the Interview
Anytime between four and ten months after filing, you will receive notice of your scheduled in-person interview by mail. Both the applicant and sponsor spouse will need to attend. The notice will also contain information about your interview, including any documents you need to bring with you.
During your green card interview, USCIS will review the information you provided and ask questions about your application to ensure that all the details you supplied are accurate and that you are not attempting to obtain a green card through fraud.
Questions asked during the interview will be used to:
- Check your criminal history
- Ascertain whether you have ever defrauded the U.S. government
- Ensure you have never been deported
- Determine whether you have any serious illnesses
- Test the validity of your marriage
- Discover whether you have the necessary financial support
Step 5. Green Card Arrival
After your interview, all you have to do is sit back and wait for a decision on your green card. In some cases, you may receive this decision by the end of your interview. If your application is approved, you will receive your green card in the mail sometime between two weeks and two months after your interview.
Scenario #2: Married to U.S. Citizen & Applicant Spouse Living Outside the U.S.
When applying from outside of the U.S. with a U.S. citizen sponsor, the process is similar, but there are a few significant differences. The green card marriage timeline for these applicants is typically longer than the timeline for those applying from within the United States.
Step 1. Form I-130 Processing
Applicants will need to file Form I-130: Petition for Alien Relative and Form I-130A: Supplemental Information for Spouse Beneficiary, the same as those applying within the United States. However, you will not need to submit Form I-485 when applying in this manner, and Form I-864 will be submitted in a later step.
Along with these forms, you will also need to submit supporting documents, including paperwork showing:
- The sponsor spouse is a U.S. citizen or green card holder
- The marriage is legally valid
- The marriage is based on an actual relationship and not done solely for the purpose of obtaining a green card.
- The nationality of the beneficiary spouse
About two weeks after you submit your application, you will receive a notice from USCIS acknowledging the receipt of your application along with a case number that you can use to track the status of your application using the USCIS Case Status Checker.
Step 2. National Visa Center Processing
Between six months and a year after submitting your application, you will receive your approval notice from USCIS, and your case will be transferred to the National Visa Center (NVC) for processing. Two to four weeks after receiving your approval notice from USCIS, NVC will send you a letter containing your case number and invoice ID number.
It is now time to file Form DS-260: Immigrant Visa Application. You will file this application along with Form I-864: Affidavit of Support Under Section 213A of the INA and pay the required filing fees and supporting documents.
After you submit Form DS-260 online, you will immediately receive a receipt notice. Then, two to four weeks later, you will receive your notification of approval from NVC. One to two months after that, your interview appointment letter will arrive informing you of the date, time, and location for your green card interview.
Step 3. Interview at U.S. Embassy or Consulate
Your interview will be conducted at your local U.S. embassy or consulate. Before attending your interview, you will need to complete several pre-interview requirements. The requirements will be specific to your case and will likely include at least some of these common requirements:
- Medical exam
- Gathering of documents
- Specific requirements for the embassy or consulate where your interview will take place
Step 4. Attending the Interview
Your interview will likely take place about a month after you receive the application notice. The applicant must attend the interview, but the attendance of the sponsor spouse is optional. At your interview, the USCIS officer will go over the information you provided and ask a series of questions to ensure that your answers match those in the documents already submitted.
The questions the officer asks will be used to:
- Check your criminal history
- Ascertain whether you have ever defrauded the U.S. government
- Ensure you have never been deported
- Determine whether you have any serious illnesses
- Test the validity of your marriage
- Discover whether you have the necessary financial support
Step 5. Green Card Arrival
A few weeks after attending your interview, you will receive your passport with your visa and a sealed immigrant package. DO NOT open the sealed immigration package. You will then need to pay a final Immigrant Fee to USCIS to complete your immigration process.
The visa you receive will be valid for six months and allow you to travel to the U.S., where the sealed immigrant packet you received will be handed over to the border customs official. You will then be admitted to the country, and two to three weeks later, your green card will arrive in the mail.
Scenario #3: Married to Green Card Holder & Applicant Spouse Living Inside the U.S.
The process for receiving a green card through this method is very similar to if you are applying within the U.S. and married to a United States citizen. The main difference in the green card by marriage timeline comes in the first steps, as you can not concurrently file Form I-130 and Form I-485 when the sponsoring spouse is a green card holder rather than a U.S. citizen.
Step 1. Form I-130 Processing
Applicants will need to file Form I-130: Petition for Alien Relative and Form I-130A: Supplemental Information for Spouse Beneficiary. These forms are used to establish that:
- The sponsor spouse is a real person
- The sponsor is a lawful permanent resident of the United States
- The sponsor and applicant are, in fact, married
- The marriage is real, and not entered into for fraudulent purposes
This information is used to prove the right of the applicant to apply for a green card. About two weeks after applying, you will receive a notification that USCIS has accepted your application. This notice will contain your case number, which you can use to check the status of your application with the USCIS Case Status Checker.
Step 2. Visa Number Availability
Along with your case number, you will also receive a “priority date.” This is the date when you can begin the next stage of your application. The time for this date can vary. However, if you are lucky, you will receive a priority date allowing you to immediately begin the next steps of the process.
Step 3. Form I-485 Processing
The next step will be to file Form I-485: Application to Register Permanent Residence or Adjust Status, as well as Form I-864: Affidavit of Support Under Section 213A of the INA.
If you want to work in the United States or travel outside of the country while waiting for your green card, you can also submit the optional Form I-765: Application for Employment Authorization and Form I-131: Application for Travel Document.
This is the step in the process where you actually apply for the green card. The information collected in these forms will be used to show that the applicant spouse:
- Is a real person
- Has a current immigration status that doesn’t prevent them from getting a green card
- Is in good health
- Has the financial support to not need government assistance
- Has good moral character
Step 4. Green Card Interview and Approval
Approximately two to three weeks after filing these forms, you will receive notice of receipt from USCIS. You will then receive notification of your biometrics appointment, which will be scheduled for four to six weeks after submission of Form I-485. At the appointment, your fingerprints, photograph, and signature will be taken by a USCIS officer.
If you filed forms to allow you to work in the U.S. and travel outside of the country while waiting for your green card, you will receive your Employment Authorization Document (EAD) a few weeks later. Four to 10 months after submitting your adjustment of status application, you will receive notice of your interview, which will likely be scheduled for about a month in the future.
Both sponsor and applicant spouse must attend the green card interview and bring along any supporting documents mentioned in the interview notice. During the interview, the officer will ask you questions and check them against the information you have already provided. The questions asked by the officer will be used to:
- Check your criminal history
- Ascertain whether you have ever defrauded the U.S. government
- Ensure you have never been deported
- Determine whether you have any serious illnesses
- Test the validity of your marriage
- Discover whether you have the necessary financial support
Step 5. Green Card Arrival
After your interview, you can sit back and wait for your green card to arrive. You will likely get your green card in the mail one to two months after your interview.
Scenario #4: Married to Green Card Holder & Applicant Spouse Living Outside the U.S.
This is typically the longest green card application timeline through marriage.
Step 1. Form I-130 Processing
The first step will be to file Form I-130: Petition for Alien Relative and Form I-130A: Supplemental Information for Spouse Beneficiary. You must submit supporting documents along with these forms demonstrating:
- The sponsor spouse is a U.S. citizen or green card holder
- The marriage is legally valid
- The marriage is based on an actual relationship and not done solely for the purpose of obtaining a green card.
- The nationality of the beneficiary spouse
Around two weeks after submitting these forms, you will receive a notification from USCIS acknowledging that they have received your application. Included in this notice will be a case number that you can use to track the status of your using the USCIS Case Status Checker.
Six months to a year after submitting your application, you will receive an approval letter from USCIS, and your case will be transferred to the National Visa Center (NVC) for processing.
Step 2. Visa Number Availability (F2A category)
You will then have to wait a couple more weeks for a visa number to become available.
Two to four weeks after receiving your approval notice from USCIS, NVC will send you a letter containing your case number and invoice ID number.
Step 3. NVC Processing
Another two to three weeks later, you will receive a welcome letter from NVC confirming your case number and invoice ID number. You will then pay processing fees for Form DS-260: Immigrant Visa Application and Form I-864: Affidavit of Support Under Section 213A of the INA. About a week later, you will receive notification of successful fee processing.
You are then ready to submit Form DS-260 and Form I-864. You will need to submit these forms along with the required supporting documents. The submission of these forms is done online, and you will receive a receipt of successful submission immediately after applying. Then, after about three weeks, you will get notice of approval from NVC.
After another one to two months, your interview appointment letter will arrive, and your interview will likely be scheduled for about a month after you receive notice.
Step 4. Interview at U.S. Embassy or Consulate
There are several things that must be done before attending your interview. You can get a checklist specific to your case by selecting your embassy or consulate online. Common requirements include:
- Medical exam
- Gathering of documents
- Specific requirements for the embassy or consulate where your interview will take place
While the applicant spouse must attend the interview, attendance of the sponsor spouse is optional. During your interview, the USCIS officer will review the documents you have submitted and ask you questions to ensure your answers match. The questions asked will be used to:
- Check your criminal history
- Ascertain whether you have ever defrauded the U.S. government
- Ensure you have never been deported
- Determine whether you have any serious illnesses
- Test the validity of your marriage
- Discover whether you have the necessary financial support
Depending on the wait times at your embassy or consulate, you will have to wait a few more weeks to receive your passport with your immigrant visa and your sealed immigrant packet. DO NOT open the sealed immigrant packet. You will then need to pay a final immigrant fee to USCIS after your visa arrives and before you travel to the United States.
Step 5. Green Card Arrival
Your immigrant visa will likely be valid for six months, which means you must travel to the U.S. within six months of receiving your visa. However, validity periods can sometimes vary, so it is essential to check the expiration date on the visa. When you arrive in the U.S. and go through border customs, you will present your sealed immigrant packet to the customs officer.
You will then be admitted to the country, and after another two to three weeks, your green card will arrive in the mail.
Factors That Impact the Marriage Green Card Timeline
Along with the status of the sponsor spouse and whether the applicant is applying from inside or outside the United States, the other biggest factor that comes into play with a spouse green card timeline is the service center where the application is processed.
However, other factors can also affect your wait time, including the visa number availability and the current processing time of the NVC if applying while abroad.
One major factor in the wait time that can easily be avoided is unnecessary delays caused by submitting inaccurate information on the required forms. Getting help through an immigration solutions company can help ensure that everything is filled out correctly and minimize the chances of your application being denied or delayed.
What if the Beneficiary Spouse Entered the U.S. Legally but Overstayed Their Visa?
If the applicant spouse entered the country legally but then overstayed their visa, it is still possible to apply for a green card if marrying a U.S. citizen. If you overstayed by less than 180 days, the marriage green card timeline should not be affected, whether you are applying from within or outside the United States.
However, if you overstayed your visa by 180 days to one year, you will face a three-year bar if you leave the country. An overstay of more than a year will result in a 10-year bar if you exit the country. That means you will no longer have the option of applying for a visa from outside of the country as the consular processing timeline will no longer apply.
However, there should not be any trouble applying from within the United States. Although, you may find the USCIS officer will ask you additional questions and scrutinize your case further if you have significantly overstayed.
What if the Beneficiary Entered the U.S. Without Inspection?
If the applicant spouse entered the country without inspection, it can make getting a green card quite challenging. The marriage green card timeline can be greatly elongated. Before applying for a green card, the applicant must first leave the county. Depending on how much time they were in the U.S. unlawfully, there could be a three or 10-year bar on their reentry.
If this is your situation, you will need to file an I-601A waiver. If approved, this waiver will grant you a pardon for your unlawful presence and ensure that your application won’t be denied on this basis. You can file the I-601A waiver while still in the United States. Once the waiver has been approved and your interview scheduled, you will need to leave the county.
Processing of the waiver can take from a year to 18 months, and you will then have to wait up to three more months for your interview to be scheduled. You will file your waiver petition after receiving approval for Form I-130. The marriage green card timeline in this situation will likely be between two and two and a half years.
Get Started on Your Green Card Application Today
No matter what path you are taking to receive your marriage-based green card, it is always best to get started as soon as possible and avoid any unnecessary delays. At ImmigrationDirect, we can help ensure that your application is filed accurately and on time so that you are able to get your green card and enjoy the benefits of permanent residency as soon as possible.
