Getting a green card by marrying a U.S. citizen or permanent resident is an exciting process, but couples often wonder, “How long will it take?” Knowing the marriage green card timeline can make the journey smoother. This guide explores the steps in the green card marriage timeline for applicants in NYC. It will help couples understand the different stages involved in getting a marriage based green card timeline.
Key Stages of the Marriage Green Card Process
Getting a green card through marriage is a process with multiple stages. It starts by submitting paperwork, and then you receive the actual green card. Remember, the marriage visa process time may vary due to the case’s complexity, the USCIS workload, and how accurately you filled out the details.
- Filing the Petition: First, you file Form I-130. The U.S. citizen or permanent resident spouse submits this, proving a valid marriage to the non-resident spouse. On average, processing takes 7 to 10 months, but times can differ based on which service center handles the case.
- Application for Green Card: apply for the green card itself. If the spouse is in the U.S., file Form I-485 for Adjustment of Status. If abroad, go through Consular Processing. For Adjustment of Status, it’s around 9 to 11 months. For Consular Processing, times vary by country, generally ranging from 8 to 12 months. But this part happens after Form I-130 is approved.
- Biometrics Appointment: Then, the applicant attends a biometrics appointment to provide fingerprints and photographs.
- Interview and Approval: Lastly, the couple may need to go for an interview at a USCIS office or U.S. consulate. After this interview, the green card can be approved.
Marriage Green Card Timeline Table (2023/2024)
| Stage | Estimated Timeframe | Notes |
| Filing I-130 Petition | 7-15 months | Longer processing times in NYC due to high volume. |
| USCIS Receipt Notice of I-130 | 2-3 weeks after filing | Confirmation of petition received. |
| Approval of I-130 Petition | See above total timeframe | Moves to next stage once approved. |
| I-485 Application for Adjustment of Status or Consular Processing | 8-14 months (Adjustment of Status) | 3-5 months (Consular Processing) | Time after I-130 approval. Separate for those applying from abroad. |
| Biometrics Appointment | 3-5 weeks after application | Mandatory for applicant. |
| Interview | 1-2 months after biometrics | May vary; not all applicants will have an interview. |
| Green Card Issuance | 1-2 months after interview/approval | (Adjustment of Status) | Within 2 weeks after entry (Consular Processing) |
Updates on USCIS Fees:
Be aware that USCIS fees are set to increase significantly on April 1, 2024. Notably, the fees for key forms involved in the marriage green card process will see considerable hikes:
- Form I-130 (Petition for Alien Relative) fees will increase by 26%.
- Form I-485 (Application to Register Permanent Residence or Adjust Status) fees will also see an 18% increase for the standalone application.
Prospective applicants should consider submitting their applications before the April 1 deadline to avoid these increased fees.
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Conclusion
For couples in New York City, patience and preparation are key when navigating the marriage green card timeline. The process from 2023 into 2024 remains complex and can be lengthy, especially in high-demand areas. By understanding each step, ensuring the accuracy of your filings, and preparing for potential interviews, you can streamline your journey toward obtaining a marriage-based green card in NYC.
Marriage Green Card Timeline FAQs
Can I stay in the US while waiting for a marriage green card?
Yes, it is possible to visit your spouse in the United States while your marriage-based green card application is pending.
How long does it take to process I-130 for the spouse of a green card holder?
The processing time for Form I-130, Petition for Alien Relative, can vary widely depending on the service center. In general, it can take anywhere from 29–40 months.
What is the 90 day rule for green card?
It states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions
Can I get my fiancé a green card after 90 days?
You must travel to the United States to marry your fiancé(e) within 90 days of arriving. After you marry, you may apply for an adjustment of status to get a Permanent Resident (Green) Card.
What is the 3-year rule for a green card?
The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.
Sources:
- USCIS – Bringing Spouses to Live in the United States as Permanent Residents
- USCIS – Check Case Processing Times
- USCIS Policy Manual, Volume 8, Part J, Chapter 3
- USCIS Policy Manual, Volume 12, Part G, Chapter 2
- https://www.immigrationhelp.org/news/marriage-green-card-processing-time-aos
- https://www.boundless.com/immigration-resources/how-long-does-marriage-green-card-take/
- https://www.immi-usa.com/immigration/marriage-based-greencard/timeline/
