@immigrationlawyerjohn What is the process for getting US lawful permanent Residency if you're married to a green card holder and living outside the united states?
♬ original sound – JQK Immigration Law
For those married to a green card holder and living abroad, the path to joining your spouse in the US and securing your green card can be a long journey. It’s important to understand the steps involved and the waiting periods you may face along the way.
Step 1: Filing the I-130 Petition
The first step after getting married and obtaining your marriage certificate is to file Form I-130, which establishes your relationship and initiates the immigration process. Along with this form, you will also submit Form I-130A and other evidence to prove your marriage is legitimate. This filing not only demonstrates to the US government that your relationship is genuine, but it also holds your place in line for further processing.
Step 2: The Long Wait for Approval
Due to backlogs, the approval process for the I-130 petition can take an average of one to two years. Once your petition is approved, it moves to the US Department of State. From there, it is sent to the National Visa Center (NVC), which will hold your case until it is ready for further processing. Unfortunately, there is a much larger queue for spouses of green card holders, as there is an annual limit on how many green cards can be issued to this group.
Step 3: Understanding the Priority Date
One of the most important aspects of this process is your priority date—the date you submitted your I-130 petition. This date holds your place in line for the final stages of processing. You will need to monitor the “Visa Bulletin” online, which lists the final action dates for various categories of immigrants. Once your priority date becomes current, the NVC will begin processing your case and move it forward to the next stage.
Step 4: The Embassy Interview and Immigrant Visa
Once your priority date becomes current, the NVC will process your case and schedule an interview at the US embassy or consulate in your country. At the interview, you will be issued an immigrant visa, allowing you to travel to the US. However, you will not officially become a green card holder until you enter the United States. Upon entry, your green card will be processed and mailed to you.
The Waiting Period: What to Expect
While the I-130 petition itself may take one to two years, the larger backlog for spouses of green card holders is currently around three and a half years. This wait is due to annual limits on the number of green cards available, and the timeline can fluctuate depending on demand. Patience is key during this process as you wait for your priority date to become current.
If you’re navigating the immigration process while married to a green card holder, JQK Immigration Law is here to guide you every step of the way. Contact us to ensure your case is handled efficiently and to avoid unnecessary delays in reuniting with your spouse.
