When considering applying for a marriage-based green card, a key question is how long you must be married before applying and how long the process will take. There is no minimum amount of time that you need to be married before starting the process, but the length of your marriage can affect the type of green card you receive and how the U.S. Citizenship and Immigration Services (USCIS) handles your case.
1. No Minimum Time Requirement to Apply
You don’t need to be married for a set period to apply for a marriage-based green card. As soon as you are legally married to a U.S. citizen or lawful permanent resident (LPR), your spouse can file a Form I-130 (Petition for Alien Relative) to begin the green card process.
2. Conditional vs. Permanent Green Cards
The length of your marriage impacts whether you receive a conditional green card or a permanent green card:
- If you’ve been married for less than two years at the time of your green card approval, you will be issued a conditional green card. This is valid for two years, and before it expires, you and your spouse must file Form I-751 (Petition to Remove Conditions) to prove your marriage is bona fide and continue your permanent resident status.
- If you’ve been married for more than two years by the time your green card is approved, you’ll receive a permanent green card, valid for 10 years, with no need to file the I-751.
3. Impact of the Sponsoring Spouse’s Status (U.S. Citizen vs. LPR)
If your spouse is a U.S. citizen, the green card process typically moves faster. Processing times depend on whether you are applying from within the U.S. (through Adjustment of Status) or from outside the U.S. (through Consular Processing):
- For U.S. Citizens: The entire process usually takes between 10-13 months if you’re applying from within the U.S.
- For Lawful Permanent Residents (LPR): Processing times are longer due to limited visa availability. It can take over 2 years, sometimes up to 3-5 years, depending on USCIS backlogs and the priority date system that LPRs must follow. This is due to the family preference visa categories, which allocate a limited number of visas each year for spouses of LPRs.
4. Filing After Divorce or Before the Green Card is Issued
If you divorce before your green card is issued, your application will generally be denied. However, if your marriage was genuine but ended in divorce after you receive a conditional green card, you may still be eligible to remove conditions and secure a permanent green card. It’s crucial to demonstrate that your marriage was entered in good faith.
5. Additional Considerations
- 245(i) and Parole in Place (PIP): For those who did not enter the U.S. legally, there are some special provisions (like 245(i) and Parole in Place) that may still allow you to apply for a green card. Navigating these exceptions requires in-depth knowledge of immigration law and is best handled by an immigration attorney.
Conclusion
While there is no required length of marriage before applying for a green card, the type of green card you receive and the length of the process are influenced by how long you’ve been married and your spouse’s immigration status. Working with an attorney can help ensure the smooth processing of your application and minimize delays or complications, especially for complex cases or when filing under exceptions like 245(i).
If you’re considering applying for a marriage-based green card, or if you’re concerned about processing times, contact The Grande Law Firm for guidance and help navigating the process.
