If you want your spouse to live with you in the U.S., a marriage-based green card is one of the potential paths to achieve this. This is either through adjustment of status, if your spouse is already in the U.S., or consular processing, if they are abroad. One of the first things people want to know is how long it takes. Your marriage-based green card timeline depends on several factors. Each factor plays a key role in the process. So, how long does a marriage-based green card take? Below you will find helpful information on what to expect.
How Long Does a Marriage-Based Green Card Take?
The timeline for a marriage-based green card can vary from case to case. In some cases, the process can extend beyond one year. There are several factors that play a role in the timeline. Some of these are within your control, and some of these are not. Consider the following factors as you navigate the process. This list is not exhaustive. An attorney can evaluate the specific facts of your situation. From there, they can identify any factors that may affect your specific case.
Factors Outside of Your Control
While you cannot change the following factors, it is helpful to understand what to expect. The following factors can play a role in the marriage-based green card application process.
USCIS or Embassy Workload
Processing speed depends heavily on how busy your specific USCIS field office or embassy is. Application volume fluctuates throughout the year, and a surge in filings can slow down every case in the queue. This is regardless of how well-prepared your application is. To get a general sense of what to expect, check out the current USCIS case processing time estimates. These figures change often, so check them frequently for the most up-to-date information.
Which Office Handles Your Case
Timelines can differ between USCIS field offices in the U.S. You can check the current USCIS case processing times for the most current information. The same is true for the different embassies or consulates abroad. You can check the visa appointment wait times by embassy or consulate as well. Wait times vary depending on the office that handles your case. Two cases with identical facts can move at very different speeds depending on the specific location. Because you do not choose the office that handles your case, this is one of the more unpredictable variables in the timeline.
Your Spouse’s Country of Origin
Some embassies and consulates have longer wait times. This can include wait times to schedule the interview. It can also include additional administrative processing at the local embassy or consulate. These delays are tied to local conditions, staffing levels, and security review requirements specific to that post. In many cases, it has nothing to do with the application itself. It is helpful to check the visa appointment wait times to get an idea of what to expect. These figures change often, so check them frequently for the most up-to-date information.
Factors Within Your Control
There are several factors outside of your control throughout the process. However, some variables are within your control. Carefully preparing your application is essential.
Submitting a Complete and Accurate Application
Filling out a complete, well-organized initial application helps avoid missing or inconsistent information. These are two common pitfalls made when preparing a marriage-based green card case. The submitted documents differ depending on whether your spouse is inside the U.S. or outside the U.S. Taking the time to carefully prepare your application upfront is consistently one of the most effective approaches. An attorney can help you organize your documentation and create a case strategy plan.
Responding Promptly to a Request for Evidence
If the USCIS office, embassy, or consulate wants more information from you, it will send a Request for Evidence (RFE). This is not uncommon throughout the marriage-based green card application process. Responding promptly to an RFE can help you avoid further delays. You also need to provide exactly what was requested. Typically, USCIS does not continue processing until it receives a complete response. If you have an RFE and have questions about your case, schedule a consultation with an attorney. They can help you navigate the process.
Preparing for Your Interview
The interview can feel overwhelming for many people. Preparing for the interview in advance can help you feel more organized. This includes gathering your documentation and organizing it beforehand. Be sure you know what you have and where it is. While it is not required, using a binder or folder system can be helpful. Tab your documents so you know exactly where they are. While not a guarantee, this can reduce the risk of the officer needing to follow up afterward for additional evidence. An attorney can help you prepare for your interview and review your documentation.
When to Seek Legal Support from An Attorney
Understanding the factors within and outside of your control helps manage your expectations. It can help prepare you for what is to come. The distinction between what you cannot control and what you can do is essential. While it cannot guarantee a particular outcome, doing everything you can on your end can reduce the risk of unnecessary delay.
The marriage-based green card process comes with several steps. If you need to submit an initial application or respond to an RFE, contact an attorney. The Law Office of Ashley Weston can assess your case and help you understand your options. Schedule your free, no-obligation consultation today. I look forward to talking with you!
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