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So first, your spouse will have to file the I petition for alien relative on your behalf. Currently for USC petitioners priority date is always current as well as Permanent Resident petitioner, priority date is current and can go immediately to the next step. The final main factor that will determine the processing time for your marriage based green card application is where you and your spouse reside.
Assuming you are filing the I and I petitions concurrently, the following are the estimated processing times for each local field office as for now:. Now, if you are not filing concurrently, and you are only filing the I the case of consular processing for example , the processing times for your I application will be determined by the service center your application is sent to.
There are five 5 Service Centers in total: California, Nebraska, Potomac, Texas and Vermont and each one of them has jurisdiction over certain types of applications, and also territory. For the I for example, every Service Center has jurisdiction, so every service center is allowed to process this application.
In this case, the service center your application is sent to will be determined by the state you reside in. Each Service Center also has different processing times which may vary depending on their workload.
The following are the processing times of the I petition for each service center as for now:. If you were lawfully admitted to the country but then overstayed your visa, you can still apply for an adjustment of status as long as you are marrying a U.
If you overstayed your visa for more than days but less than 1 year , you are subject to a 3-year bar if you depart the United States. If you overstayed your visa for more than 1 year, then you are subject to a year bar if you depart the U. So how does this affect the timeline? Well, given the bars you may face if you depart the country, the consular processing option is of course off the table.
If you overstayed your visa, your only option is to adjust status from within the country, so the correspondent processing times would apply. If you entered the U. Depending on how much time you were unlawfully present in the U. This is when a waiver comes to play, specifically the IA waiver.
How does this affect the timeline? Well, until a few years ago , people in this situation used to have to leave the country so a waiver could be filed and it would be months, maybe years before they could come back and families would be split for all this time. Since the proclamation made in , the IA waiver can be filed while you are still in the country, and only once it has been approved and you have been scheduled for an interview, you leave the country.
This reduces the amount of time that families have to spend apart and it also gives immigrants more confidence. The IA waiver can take about 12 to 18 months to be processed and then another 3 additional months for the interview to be scheduled. RFE stands for Request For Evidence, and it basically means that your application is lacking some kind of evidence for the immigration officers to make a decision on it.
RFEs are usually issued around 3 months after the application is submitted, and you have 30 to 90 days to respond to it. If this happens, please add 30 to 90 days to your timeline as it is the time you will take to respond to the RFE. If the petitioner is still going through a divorce, you need to wait until he has the final divorce decree to get married again. We usually take about 2 weeks to file our client cases from the time we receive the requested documents and the completed questionnaire.
The attorneys at the Immigration Law Office of Los Angeles ILOLA , will take care of your case as if it was their own, so you can have peace of mind that everything is being done with a level of care, proficiency, and detail orientation that only experience can give you. With more than 80 years of combined experience, 35, cases approved, a Give us a call at or Today is the day to reach for your immigration dreams.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. To conclude, an estimated processing time for the green card, in this case, will be from months. If you live in the U. You can check its availability in the U.
When USCIS completes your green card application processing, it will send you a scheduled interview appointment notice, usually to attend it within a month. Both you and your spouse will have to attend the interview. Note that the petitioner must see a USCIS-approved doctor for a medical exam in the country where the interview is scheduled. If you live outside the United States and your spouse is a U. The petitioner green card holder has to file the Form I package and Form IA, Supplemental Information for Spouse Beneficiary, and wait for the approval of the green card application, usually about months.
When NVC identifies the case, the spouse of a U. As we mentioned earlier, you can check this in the Visa Bulletin. All the required forms and documents should be submitted with NVC, typically taking months to make a decision. The next step is attending the U. After months, a foreign spouse will attend an interview at a U. The spouses living abroad will receive the physical marriage green card to the U. In this case, the estimated time of the green card process will take a bit longer, so after the marriage interview and approval, the green card will arrive within months.
If a foreign spouse lawfully entered the U. The overstayed period will play a significant role. So, if you overstayed your marriage visa for more than:. So you may conclude that given bars may exclude consular processing and your only option is to adjust status from within the United States so that the correspondent processing times would apply. If you entered the country without inspection, you would have to leave to be eligible to be granted a Green Card. Unlawful presence in the U. This is when you will need to file an IA waiver.
If approved, you will be granted a pardon for your unlawful presence. This way, the consulate officer will not deny your application based on the grounds of unlawful presence in inadmissibility. You can file the IA waiver while you are still in the U. Once approved, you will receive a notice for a scheduled interview, and then you may leave the country.
So, how long does it take to get the approval of I? It depends, but the processing time of the IA waiver can take about 12 to In addition, it takes another three months for the interview to be scheduled. Immigrating to the United States is a worthy but complicated process, and supporting a loved one to come to the U.
Identifying and managing the proper immigration documentation I Petition for Alien Relative, I application to register, ds online application, and similar and procedures concurrent filing, medical examination, getting a conditional green card, consular processing, etc.
Richard Herman and the dedicated immigration attorneys at Herman Legal Group have helped thousands of couples unite in the U. By looking through your case, assisting you in filling out necessary forms, and filing proper documentation, our immigration lawyer will lead you through the process, making sure you meet important deadlines. This will ensure you are well prepared at any phase of the process. The main factors that will impact the Marriage Green Card Timeline.
The green card timeline will be impacted by: The status of the petitioner a U. Citizen or a Permanent Resident , Whether the beneficiary lives in the U. S or outside the U. So, depending on the main factors, we can have four possible situations where the marriage green card processing time will differ: The spouse seeking a marriage-based green card lives in the U. In this case, the waiting period to get a marriage green card is about months since: The application processing time takes about months, Scheduling interviews and approval takes months.
There are four steps to follow in this process. Step 1. Step 2. Biometrics Appointment Upon receiving your immigrant visa application, USCIS will issue a biometrics appointment notice for the foreign spouse. Step 3. Attending the Interview From 4 to 12 months after applying, the U. Step 4.
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Sign up for a new account in our community. It's easy! Already have an account? Sign in here. Register to Reply or Ask a Question Go to first unread post. Posted February 9, Hello folks, I am married to a US citizen my wife for one year and a half. Share this post Link to post Share on other sites. The Mean Lady Posted February 10, Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers. Create an account or sign in to comment You need to be a member in order to leave a comment Create an account Sign up for a new account in our community.
Register a new account. Sign in Already have an account? Sign In Now. The conditional card has a restriction; the card expires after two years. Within 90 days of expiration, the couple must petition for a permanent card or Form I, Petition to Remove Conditions. The two-year period of the conditional card provides the USCIS with a chance to observe the marriage and determine that is is a real marriage and not just an attempt to get a permanent Green Card.
The couple must file a form I and provide supporting evidence to show their married life is authentic. They frequently ask for more information and a meeting. The purpose of the questions and meetings are to demonstrate that the couple lives together and shares a life as a married couple. The process includes going into an office for biometrics such as fingerprints, background checks for a new card.
How to Get a Green Card by Marriage. Visas - Related Forms U. Adjustment of Status After the marriage that must take place within 90 days, the foreign spouse can ask for an Adjustment of Status. Employment Authorization Document Form I Immigration News U.
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