Green Card Through Marriage Timeframe

Unlike many other immigration benefits, you can apply for a green card through marriage to a U.S. citizen (aka adjust status to a U.S. permanent resident) even if you have unlawful presence in the U.S. or you have overstayed a visa. However, there are limited circumstances where you may not eligible to apply for a green card through marriage to a U.S. citizen.

The following two marriage green card application examples are taken from two recent cases in New York City. Please keep in mind that both cases were prepared and filed by an attorney experienced with family based immigration law matters.

The applications submitted in these cases were the following: I-130 Immigrant Petition & I-485 Adjustment of Status, I-765 Work Authorization, and I-131 Advance Parole. The biometrics appointments for both cases were conducted at 201 Varick Street and the interviews for both cases were conducted at 26 Federal Plaza.

Example One

• May 12, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• May 13, 2009: All applications received by USCIS, Chicago
• May 19, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• May 25, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• June 9, 2009: Biometrics appointment
• June 26, 2009: Advance Parole approval issued
• July 6, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• July 6, 2009: Work authorization issued
• August 28, 2009: Interview for adjustment of status (stamp placed in passport)
• September 14, 2009: Green Card received in the mail

Example Two

• June 26, 2009: All applications sent via Federal Express for overnight delivery to USCIS, Chicago
• June 29, 2009: All applications received by USCIS, Chicago
• July 1, 2009: Receipts issued by USCIS for the following applications: I-130, I-485, I-765, & I-131
• July 7, 2009: Notice issued by USCIS providing the place, date, and time for the biometrics appointment
• July 24, 2009: Biometrics appointment
• August 12, 2009: USCIS Notice for Interview Request issued providing the place, date, and time for the interview
• August 18, 2009: Advance Parole approval issued
• August 25, 2009: Work authorization issued
• October 19, 2009: Interview for adjustment of status (stamp placed in passport)
• November 2, 2009: Green Card received in the mail

Please keep in mind that both of these cases were fully prepared and filed by an experienced immigration attorney. Regardless of your situation, competent legal counsel is important through all parts of the marriage based green card application process and therefore it is strongly advised that you work with an attorney experienced in these matters before moving forward. A green card through marriage is a highly sought after U.S. immigration benefit and something that should be pursued with great care.

Sources: I. Videos Gone Viral, II. The Car Junky, III. The Tech Fanatic