You must have been a green card holder for at least five years or three years if you're currently married and living with a US citizen spouse. You must have been physically present in the US for at least half of the five or three years. You must pass a background check and demonstrate good moral character.
You were married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death; 2. Your U.S. citizen spouse died less than two years before the date on which you filed this petition; 3. You were not legally separated from your U.S. citizen spouse at the time of his or her death; and 4.
- 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.
However, if the U.S. citizen spouse passes away before the permanent resident naturalizes, the three-year provision no longer applies. In such cases, the widow or widower of a U.S. citizen may apply for citizenship after fulfilling the standard five-year requirement.
However, if the U.S. citizen spouse passes away before the permanent resident naturalizes, the three-year provision no longer applies. In such cases, the widow or widower of a U.S. citizen may apply for citizenship after fulfilling the standard five-year requirement.
This is called “adjustment of status.” As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid).
3 Years of Continuous Residence. The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.
The spouse must have continuously resided in the United States after becoming a lawful permanent resident (LPR) for at least 3 years immediately preceding the date of filing the naturalization application and must have lived in marital union with his or her citizen spouse for at least those 3 years.
Green Card Processing Time The length of time it takes to get a green card varies depending on several factors, including the type of application you are submitting and current USCIS processing times. A marriage green card or spousal visa, for example, can take anywhere from 10–35 months.
As the petitioner for your foreign spouse, you'll file Form I-130: Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). It's currently taking between 14 months for USCIS to process Form I-130 for U.S. citizenship petitioners and 29 to 70.5 months for permanent resident petitioners.