If you are applying for a green card in the employment based category, then your spouse generally can apply for a green card with you. This is presuming that your spouse is in the United States and in legal status.
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.
What Documents Do We Need for a Marriage Green Card? Family Sponsorship Form (I-130) Green Card Application Form (I-485) Online Green Card Application Form (DS-260) Financial Support Form (I-864) Work Permit Application Form (I-765) Travel Permit Application Form (I-131) Special Considerations. Related Information.
485 never needs to be filed with 130. t can be filed concurrently sometimes. Usually that's the case when the beneficiary is an immediate relative but it's not a requirement to file concurrently. f you want, you can file 130, wait for approval, then file 485. Nobody stopping you.
Getting a green card through marriage is a 3-step process: The U.S. citizen spouse establishes the marriage relationship by filing Form I-130. Apply for the green card through adjustment of status (Form I-485) if you're living in the U.S. or Form DS-260 if you're a foreign national living abroad.
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.
Marriage-based green cards are processed the quickest for candidates living in the United States and married to United States citizens. This is because the green card interview and approval take 1-2 months, while the application process takes 9-11 months.
- 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.
- The processing time for legal permanent residents filing Form I-130 for a spouse beneficiary ranges from 32-67.5 months. - The current average processing time for Form I-485 across 89 field offices is around 20 months.
Marriage to the U.S. citizen is the most common and fastest way of getting a green card for a foreign national. If a foreign national marries the U.S. citizen abroad, the foreign national becomes an immediate relative of the U.S. spouse regardless of the place where marriage took place.