Marriage-Based Green Card Process in 2024/2025

Marriage-based green card process in 2024/2025 involves several critical steps that applicants must follow to secure lawful permanent residency in the United States through marriage to a U.S. citizen or permanent resident. It can be difficult to navigate the immigration laws in the United States, particularly if you want to apply for a green card based on marriage. It’s critical for couples who are married to foreign nationals and are either U.S. citizens or permanent residents to comprehend the timetable and procedures involved in this process. The procedure is still organized and meticulous in 2024–2025 and consists of multiple crucial steps, from submission to approval.

1. Initial Filing: Form I-130 and I-485

The journey begins with filing Form I-130, Petition for Alien Relative, which establishes the qualifying relationship between the U.S. citizen or permanent resident and the foreign spouse. Alongside this, Form I-485, Application to Register Permanent Residence or Adjust Status, can be filed concurrently if the foreign spouse is already in the U.S. and eligible to adjust status.

Timeline: The processing time for Form I-130 varies based on the service center but typically ranges from 6 to 12 months. Concurrent filing of Form I-485 may take around 12 to 24 months, depending on the applicant’s location and the U.S. Citizenship and Immigration Services (USCIS) workload.

2. Biometrics Appointment

After filing, the foreign spouse will receive a notice for a biometrics appointment, where fingerprints, photographs, and a signature are collected. This step is crucial for conducting background and security checks.

Timeline: This appointment usually occurs within 4 to 8 weeks after filing Form I-485.

3. Employment Authorization and Advance Parole

While waiting for the green card, the foreign spouse can apply for Employment Authorization Document (EAD) and Advance Parole (AP) using Form I-765 and Form I-131, respectively. These documents allow the spouse to work in the U.S. and travel abroad.

Timeline: Processing for EAD and AP typically takes 5 to 7 months from the date of filing.

4. Interview Appointment

A crucial step in the process is the interview at a USCIS field office. Both spouses are required to attend, and the interview aims to verify the authenticity of the marriage and the eligibility of the foreign spouse for permanent residency.

Timeline: The interview is usually scheduled 12 to 24 months after filing the initial forms, though this can vary significantly based on local processing times.

5. Approval and Issuance of Green Card

If the interview is successful and all documentation is in order, the foreign spouse may receive an approval notice. The physical green card is then mailed shortly after.

Timeline: After the interview, it may take a few weeks to a few months to receive the green card, depending on the USCIS processing times.

6. Conditional Green Card (If Applicable)

For marriages less than two years old at the time of green card approval, a conditional green card is issued, valid for two years. To remove the conditions, the couple must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card’s expiration.

Timeline: The process to remove conditions and receive a 10-year green card can take 12 to 18 months.

The marriage-based green card process in 2024/2025 involves several steps and a timeline that can vary widely based on individual circumstances and USCIS processing times. Couples should prepare for a process that may take several months to a few years, depending on various factors such as location, the complexity of the case, and USCIS workload. Seeking guidance from an immigration attorney can help handle this complex journey and ensure all requirements are met efficiently.

Frequently Asked Question About Marriage-Based Green Card Process in 2024/2025

1. How long does it take to get a marriage-based green card?

The timeline can vary widely depending on factors such as USCIS processing times, the applicant’s location, and the completeness of the application. Generally, the process can take between 12 to 24 months for applicants filing from within the U.S., and longer for those applying from abroad.

2. Can I work while waiting for my green card?

Yes, if you are applying from within the U.S., you can apply for an Employment Authorization Document (EAD) using Form I-765. Once approved, this allows you to work legally while your green card application is being processed.

3. What is a conditional green card?

A conditional green card is issued to spouses who have been married for less than two years at the time their green card is approved. This card is valid for two years. To remove the conditions and obtain a 10-year green card, the couple must file Form I-751 within 90 days before the card’s expiration.

4. Do both spouses need to attend the interview?

Yes, both the U.S. citizen or permanent resident spouse and the foreign spouse are typically required to attend the interview at a USCIS field office. The interview aims to verify the authenticity of the marriage and the eligibility of the foreign spouse for a green card.

5. What happens if we miss the interview appointment?

Missing the interview without prior notification to USCIS can result in the denial of your application. If you cannot attend the scheduled interview, you should contact USCIS as soon as possible to request a reschedule.

6. Can we travel outside the U.S. while waiting for the green card?

Yes, but you need to obtain Advance Parole using Form I-131 before traveling. Advance Parole allows you to re-enter the U.S. without abandoning your green card application. Traveling without Advance Parole may lead to the denial of your application.

7. What if our application is denied?

If your application is denied, USCIS will provide a detailed explanation for the decision. You may be able to appeal the decision or file a motion to reopen or reconsider the case. Consulting with an immigration attorney is recommended in such situations to understand your options.

8. How can we prove our marriage is genuine?

Evidence of a bona fide marriage may include joint financial documents, proof of shared residence, photos together, affidavits from friends and family, and other documentation that shows you live together and share a life as a married couple.

9. What if we get divorced before the green card is approved?

If you divorce before the green card is approved, it may result in the denial of the application. However, each case is unique, and specific circumstances may affect the outcome. Consulting with an immigration attorney is advisable in such situations.

10. How do we check the status of our application?

You can check the status of your application online through the USCIS website using the receipt number provided when you filed your application. Additionally, you can set up email or text notifications to receive updates on your case status.