Can I Apply For Green Card Right After Marriage?

To obtain a marriage-based green card, you must complete Form I-130: Petition for Alien Relative, which establishes a valid marriage to a U.S. citizen or green card holder. The petition must include a copy of your civil marriage certificate and all divorce decrees, death certificates, or annulment decrees that demonstrate all previous marriages entered into by you and/or your immediate relative. If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident based on your family relationship if you meet certain eligibility requirements. Processing times for the spousal visa can range from 8 months to 5 years. The beneficiary, or person applying to receive a green card, is generally automatically eligible once they are lawfully married to a U.S. However, there are four key reasons why a green card application might be denied to an otherwise eligible spouse:

1. The U.S. citizen spouse must start the process for you by submitting a visa petition on Form I-130 to United States Citizenship and Immigration Services (USCIS). The form must be accompanied by evidence of the marriage being legally valid and proof that the marriage is bona fide.

The process of applying for a Green Card involves completing two forms: an immigrant petition and a Green Card application (Form I-485). If you are filing jointly with your U.S. citizen or lawful permanent resident spouse, you must file Form I-751 within 90 days before your Green Card expires. If you are a child filing a joint petition separately, you may do so at any time. If you are married to a U.S. citizen, you can obtain a marriage green card even after overstaying a visa by several years. Evidence of lawful entry is required by submitting a copy of a visa stamp or the Form I-94 (Arrival/Departure record) with the I-485 application. After two years, you will need to file Form I-751 to remove the conditions of residence and get a permanent green card. If you have been married for less than two years at the time of your interview, you can begin the naturalization process by filing Form N-400 after three years of marriage. Once your application is approved, you will receive your Green Card in the mail approximately 8-14 months after you initially filed.

Can you get green card immediately?

It may take up to 90 days to get your permanent resident card. You entered the U.S. with an immigrant visa. You paid the fee after you entered. It may take up to 90 days to get your permanent resident card.

How can I get I-130 approved fast?

How can I speed up the I-130 process? There are a few ways to get approval quickly, but they aren’t guaranteed. To avoid delays, file a complete, error-free I-130 the first time. Once your I-130 petition is filed, there are a few other options:

File an expedite request with USCIS; contact your congressional representative; stay in touch with USCIS. Check the status of your petition online or by calling USCIS.

What is Form I-130 used for? By filing Form I-130 and providing the supporting documentation, you show you plan to sponsor an immigrant family member and understand the financial commitment.

Submitting the I-130 petition to USCIS is the first step to getting a family-based green card. It proves you have a real family relationship with the person you’re sponsoring for a green card and shows you’re willing to support them financially if they’re approved. This is especially important when getting a marriage-based green card.

What is the 90 day rule for I-130?

What is the 90-day rule? If you do something wrong within 90 days of entering the US, you may lose your green card or be banned from entering the US forever. If you want to change or adjust your status to permanent residency, think about the 90-day rule. This article explains the 90-day rule and its implications. What is the 90-Day Rule? Nonimmigrant Intent Explainer Single intent vs. dual intent Visa Fraud Could Land You a Lifetime Ban How to comply with the 90-Day Rule How do I count the 90 days? What happens to recent entries? How About Multiple Visas?

What is the fastest spouse visa in the USA?

Fiancé(e) and Spousal Visa Application Process and Timeline. If you want to get to the U.S. fast, the K-1 fiancé(e) visa is the fastest option. If you want a green card quickly, a marriage-based visa is faster. For details on the steps involved, see the K-1 Fiancé Visa and Marriage-Based Immigrant Visa application guides. Overview: K-1 visa processing times have slowed. The average time to get the first step done, USCIS approval of the Form I-129F Petition for Alien Fiancé(e), was between 6 and 15 months in early 2024.

Can you marry someone in another country if you’re already married?

If you are married to someone in the U.S., what happens overseas depends on the country. If polygamy is recognized in another country, you can get married again. However, if you return to the U.S., your foreign marriage won’t be recognized. If you are already married in the U.S., you have to get divorced or widowed before you can remarry. Laws vary by state and country. Contact a local family law attorney before planning a wedding in a foreign country.

Can my wife stay in the US while waiting for a green card?

Adjustment versus consular processing. Few people can choose between adjustment of status and consular processing. But some U.S. citizen spouses in the United States can choose. Most eligible spouses prefer to adjust their status. It lets the foreign spouse stay in the United States while waiting for the green card. Consular processing often results in quicker processing times. The couple may be separated. Each path has its own pros and cons. Read Adjustment of Status vs. Consular Processing for a detailed breakdown.

Inadmissible grounds. All green card applicants are checked for admissibility before entering the United States. If the applicant is already in the U.S., they are still checked for inadmissibility before becoming a permanent resident. People with a criminal or terrorist history, drug abuse, infectious diseases, or other characteristics will not be allowed to enter the U.S. The following list summarizes some of the major classes of inadmissibility. Sometimes a waiver is available.

How to get a green card faster than 90 days?

Choose the right green card category. Consult with an experienced Duluth immigration attorney to find the right green card category for you. Make sure you meet all the eligibility requirements. Our immigration team can help you gather all the necessary documents and make sure your application is complete and accurate. If USCIS asks for more information or evidence, respond quickly to avoid delays. USCIS offers premium processing for an additional fee for certain categories and circumstances. This can speed up the process to within 15 days. This option isn’t available for all green card categories and doesn’t guarantee approval. Stay informed and manage expectations. USCIS offers online tools to track your case. An immigration attorney at Barrios Virgüez can help you understand USCIS updates and manage your expectations.

Factors Considered by USCIS for Expedite Requests. You can ask USCIS to speed up your green card application for certain reasons. USCIS looks at each case individually. USCIS may speed up your application in certain cases.

If you or your family are facing eviction, foreclosure, or loss of essential services; if you or a family member are in a medical emergency or severe illness; if you or a family member are in danger; if you or a family member are helping a nonprofit organization. If you have a unique skill, talent, or contribution that benefits the U.S., or if USCIS made a clear error.

When to file I-130 after marriage?

If you are a U.S. citizen or permanent resident, you can file the Petition for Alien Relative (Form I-130) with USCIS as soon as you marry your immigrant spouse. Form I-130 is the first step for any alien who wants to immigrate to the United States as the relative of a U.S. citizen or lawful permanent resident. If you are a U.S. citizen or lawful permanent resident, you can file the Petition for Alien Relative (Form I-130) with USCIS as soon as you and your immigrant spouse are married. This is the first step for anyone who wants to immigrate to the United States as the spouse or other close family member of a U.S. citizen or green card holder. The form is signed and submitted by the U.S. family member who is petitioning for the immigrant.

Can I stay in the US after marrying a U.S. citizen?

Your spouse can apply for permanent residence and stay in the United States while we process the application. File Form I-129F, Petition for Alien Fiancé(e). You can find the forms and instructions on our website at www.uscis.gov.