Navigating the process of obtaining a marriage-based green card in the United States can be complex. This guide provides a comprehensive overview of the steps involved, including concurrent filing of Form I-130 and I-485, processing times, and what to expect after approval. Here’s everything you need to know to understand the timeline and processes for 2024.
How Much Does the i-130 and i-485 Concurrent Filing Processing time?
Concurrent filing of Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status, can potentially streamline the immigration process for family members of U.S. citizens. The processing time for these forms can vary based on several factors, including the caseload of the specific USCIS service center handling the applications, the complexity of the case, and the completeness of the submitted documentation.
On average, the entire process can take anywhere from 8 to 14 months. However, applicants should regularly check the USCIS processing times page for the most current estimates and stay prepared for potential requests for additional information or interviews that could extend the timeline.
Benefits of Concurrent Filing:
- Faster overall processing times.
- Ability to apply for work authorization (Form I-765) and advance parole (Form I-131) simultaneously.
- Streamlined processing for immediate relatives of U.S. citizens.
Breakdown of I-130 and I-485 Concurrent Filing Processing Time
The processing time for concurrent filing can vary. As of 2024, the general timeline is as follows:
- Receipt of Application: USCIS sends a receipt notice within 2-4 weeks.
- Biometrics Appointment: Typically scheduled 5-8 weeks after filing.
- Work Authorization and Advance Parole: Approved within 3-6 months.
- Interview and Decision: The adjustment of status interview is usually scheduled 8-14 months after filing, followed by a decision.
How Long Does I-485 Take After I-130 Approval?
If you filed Form I-485 separately, the processing time after I-130 approval varies:
- Receipt of I-485: USCIS sends a receipt notice within 2-4 weeks.
- Biometrics Appointment: Typically scheduled 5-8 weeks after filing.
- Interview and Decision: The adjustment of status interview is usually scheduled 8-14 months after I-485 filing, followed by a decision.
What is the Marriage Green Card Timeline?
The total time to receive a marriage-based green card can range from 10 months to over 3 years, depending on various factors such as USCIS workload, the complexity of the case, and the applicant’s location. The typical steps include:
- Filing Form I-130: Takes 2-12 months for approval.
- Filing Form I-485: If filed concurrently with I-130, the total time is generally 10-14 months. If filed separately, it adds another 8-14 months after I-130 approval.
- Biometrics Appointment: Within 5-8 weeks of I-485 filing.
- Work Authorization and Advance Parole: 3-6 months after I-485 filing.
- Adjustment of Status Interview: 8-14 months after I-485 filing.
I-130 Processing Time for Spouse
The processing time for Form I-130 can vary:
- U.S. Citizens Petitioning for Spouses: Generally 6-12 months.
- Lawful Permanent Residents Petitioning for Spouses: Typically 12-24 months, as it may involve waiting for a visa number to become available.
I-130 Approved, I-485 Pending
If Form I-130 is approved and Form I-485 is still pending, the applicant can expect:
- Continued Processing of I-485: USCIS will continue to process the adjustment of status application.
- Biometrics Appointment: If not already completed, a biometrics appointment will be scheduled.
- Interview Notice: An interview notice will be sent, usually 8-14 months after I-485 filing.
- Approval or Request for Evidence (RFE): After the interview, USCIS may approve the application or request additional information.
Marriage Green Card Timeline 2024
For 2024, the marriage green card timeline includes the following stages:
- Initial Filing: Concurrent filing of I-130 and I-485.
- Receipt Notice: Within 2-4 weeks.
- Biometrics Appointment: 5-8 weeks.
- Work Authorization and Advance Parole: 3-6 months.
- Adjustment of Status Interview: 8-14 months.
- Decision: Typically 10-14 months from initial filing.
Green Card Marriage Timeline: Key Considerations
Several factors can influence the timeline for a marriage-based green card:
- USCIS Workload: Processing times can fluctuate based on the number of applications received.
- Completeness of Application: Incomplete or incorrect applications can lead to delays.
- Interview Readiness: Being prepared for the interview with all required documents can expedite the process.
- RFE Response: Promptly responding to any Requests for Evidence can avoid further delays.
Conclusion
Obtaining a marriage-based green card in 2024 involves several steps and can take anywhere from 10 months to over 3 years, depending on various factors. Concurrent filing of Form I-130 and I-485 can streamline the process, and understanding the typical timeline can help applicants prepare better. Keeping track of USCIS notifications, attending biometrics appointments, and preparing thoroughly for the adjustment of status interview are crucial steps to ensure a smooth application process.
With diligent preparation and awareness of the process, applicants can navigate the journey to obtaining a marriage-based green card more effectively.