To solve that problem, USCIS uses the 90-day rule, which states that temporary visa holders who marry or apply for a green card within 90 days of arriving in the United States are automatically presumed to have misrepresented their original intentions.
As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents. You may petition for the following family members: Spouse (husband or wife) Unmarried children under 21.
If you are a U.S. citizen or lawful permanent resident, then as soon as you and your foreign-born spouse are married, you can file a Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS).
Your US citizen spouse would complete form I-130, Petition for Alien Relative. You would complete form I-485, Application to Adjust Status and Register Lawful Permanent Residence. Both of these forms require supporting forms and evidence; read the instructions closely.
If you are married to a US citizen and both of you live in the United States, you can apply for your green card (Lawful Permanent Residency) immediately after your marriage. There is no mandatory waiting period before you can submit your application.
If you marry a US citizen, you can apply for the work permit immediately with your adjustment of status application and your spouse's petition for relative alien. We believe USCIS statutorily is required to respond to your work permit app within 90 days.
- The processing time for U.S. citizens filing Form I-130 for a spouse beneficiary ranges from 13-54.5 months. - The processing time for legal permanent residents filing Form I-130 for a spouse beneficiary ranges from 32-67.5 months.
If you are married to a US citizen and both of you live in the United States, you can apply for your green card (Lawful Permanent Residency) immediately after your marriage. There is no mandatory waiting period before you can submit your application.
Ing to the USCIS website, the current estimated processing time for an I-130 petition is approximately 10.8 months for a U.S. citizen sponsoring a spouse or child, and 25 months for a green card holder sponsoring a spouse or child.