Applying for a marriage-based green card is usually both exciting and stressful all at once. The first thing most couples want to know is how long the process is going to take. The answer, of course, depends on a litany of factors, including where the applicant lives, whether or not the spouse is a U.S. citizen or lawful permanent resident, and whether the applicant is already in the United States or applying from abroad. A New York marriage-based immigration lawyer can help couples who seek to understand the process and avoid delays caused by mistakes or missing paperwork.

Marriage-based immigration cases often take many months and, in many situations, more than a year to process, depending on the type of case and government workload. No lawyer or government agency can guarantee the exact timing, but knowing what affects processing times might help reduce surprises.

What Affects Marriage-Based Green Card Processing Time?

Various factors can influence how long it takes to get a marriage-based green card. One of the biggest factors is whether the immigrant spouse is married to a U.S. citizen or a lawful permanent resident. In many cases, spouses of U.S. citizens may move through the process faster because immigrant visas are immediately available to immediate relatives.

Another important factor is whether the immigrant spouse is already living in the United States or is applying from another country. Someone already in the country may apply for adjustment of status, while someone outside the country may go through consular processing at a U.S. consulate or embassy.

Government processing times also merit consideration. Delays can be caused by a backlog of cases, understaffing, requests for more evidence, scheduling interviews, or a huge influx of applications. Even a wee filing mistake or missing paperwork can cause aggravating delays.

How Long Does a Marriage-Based Green Card Usually Take?

How long this takes depends on the facts of the case. If you are the spouse of a U.S. citizen and already in the United States, processing often takes a year or longer, although timing varies depending on the case and local USCIS workload. Cases involving spouses of lawful permanent residents may take longer because the timing is dependent on the availability of visas.

If the immigrant spouse is outside the United States, processing will often take longer and have additional steps, including National Visa Center review, consular scheduling, and medical exams. This may add additional time before approval.

Because immigration timelines can change, couples should avoid assuming that a friend’s case or online estimate will match their own. A New York marriage-based immigration lawyer may help explain what timeline is more realistic based on the facts of a particular case.

What Can Slow Down the Process?

Cases are often hindered by missing forms, incomplete answers, inconsistent information, or missing supporting documents. If something is missing or unclear, immigration officers may ask for additional information.

Background checks, scheduling interviews, and requests for proof that the marriage is genuine can also make the process drag. Couples are often asked to prove that the relationship is authentic, for example, with photographs, financial records, joint leases, insurance policies, travel records, or evidence of cohabitation.

Sometimes delays are beyond a couple’s control. Timing can be affected by backlogs at government agencies, security reviews, or changing immigration policies.

Delays are frustrating, but prompt response to government notices and careful preparation of paperwork can prevent needless problems.

What Can Couples Do While They’re Waiting?

Waiting for decisions on immigration can be a very stressful time, especially for families who are trying to plan jobs, travel, or figure out where they’re going to live. Be sure to stay organized and keep copies of all your immigration forms, letters, and notices together during this time.

Couples need to be vigilant about deadlines, attend interviews when required, and inform the immigration authorities of any change of address if they move. If you miss appointments or do not respond to requests for additional information, the process may be slowed down. It’s also wise to be careful about advice online. Immigration time frames often depend on the facts of a particular case, so even advice that comes from a good place may not apply to your situation.

A New York marriage-based immigration attorney can help couples know what to expect and avoid common mistakes. Relocate Legal assists individuals and families with marriage-based immigration issues and green card applications. To learn more or discuss your situation, please call Relocate Legal at (212) 332-3212 or contact the firm online.