Unlocking the Mysteries: Timelines for US Residency Through Marriage in 2021
Unlocking the mysteries surrounding timelines for US residency through marriage in 2021 can be a daunting task for anyone without proper guidance. With constantly evolving immigration policies, it's important to understand the requirements and procedures to avoid unnecessary delays or rejections.
As the spouse of a US citizen, the process of obtaining a green card may appear straightforward, but that's not always the case. Understanding the timeline involved in every step of the process is crucial in ensuring a smooth residency application. From submitting the I-130 form to attending the green card interview, there are several steps that couples undergo before acquiring legal status in the United States.
Whether you're looking to apply for a marriage-based green card or have questions about your current residency status, this article provides an overview of the timeline involved in the process. Learn what to expect at each stage and gain valuable insights into the pitfalls to avoid along the way. Don't risk making costly mistakes that could jeopardize your chances of obtaining legal residency through marriage. Explore this informative guide to unlocking the mysteries behind US residency timelines through marriage in 2021.
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Unlocking the Mysteries: Timelines for US Residency Through Marriage in 2021
Getting married to a US citizen can be an exciting and life-changing experience. For foreign nationals, it also means the possibility of obtaining residency and eventually citizenship in the US. However, the process of obtaining US residency through marriage can be complex and time-consuming. This article will compare different timelines and requirements for obtaining US residency through marriage in 2021.
Overview of the Process
The process of obtaining US residency through marriage involves several steps, starting with the submission of an I-130 petition to US Citizenship and Immigration Services (USCIS). After the petition is approved, the foreign national spouse can apply for a visa at a US embassy or consulate abroad, or adjust their status to that of a permanent resident if they are already in the US on a nonimmigrant visa.
Processing Times for I-130 Petitions
The processing times for I-130 petitions can vary depending on the USCIS service center where the petition is filed and other factors such as the volume of petitions received and potential delays due to COVID-19. According to USCIS data from December 2020, the average processing time for I-130 petitions ranges from 9.5 to 14 months.
Visa Processing Times
The visa processing times can also vary depending on various factors such as the embassy or consulate where the visa is processed, the type of visa, and potential security checks. According to the US Department of State's Visa Bulletin for February 2021, the processing times for family-based visas for spouses of US citizens vary by region and range from no wait time to over two years.
Adjustment of Status Processing Times
For foreign nationals who are already in the US on a nonimmigrant visa, such as a student or tourist visa, they can apply to adjust their status to that of a permanent resident after their I-130 petition is approved. The processing times for adjustment of status applications can also vary depending on various factors such as the USCIS field office where the application is filed and the volume of applications received. According to USCIS data from December 2020, the average processing time for family-based adjustment of status applications ranges from 8.5 to 17 months.
Application Requirements
To obtain US residency through marriage, the foreign national spouse must meet various application requirements, including proving the validity of the marriage, passing medical and criminal background checks, and demonstrating financial support. The US citizen spouse must also file an affidavit of support, which shows that they have enough income or assets to support the foreign national spouse so they will not become a public charge.
Conditional Residency
Foreign nationals who obtain US residency through marriage are initially granted conditional residency, which is valid for two years. Within 90 days of the expiration of the conditional residency period, the foreign national spouse must file an I-751 petition to remove the conditions on their residency and demonstrate that the marriage is still valid. Failure to file the petition or provide sufficient evidence of a valid marriage can result in the foreign national spouse being placed in removal proceedings.
Comparison Table
| Process | Processing Times | Application Requirements | Conditional Residency |
|---|---|---|---|
| I-130 Petition | 9.5 to 14 months | Validity of marriage, medical and criminal checks, financial support | N/A |
| Visa Processing | No wait time to over two years depending on region | Validity of marriage, medical and criminal checks, financial support | N/A |
| Adjustment of Status | 8.5 to 17 months | Validity of marriage, medical and criminal checks, financial support | N/A |
| Conditional Residency Removal | 10 to 17 months | Validity of marriage, joint petition, evidence of bona fide marriage | Valid for 2 years |
Opinion
Obtaining US residency through marriage can be a complicated process that requires careful planning, patience, and attention to detail. The processing times and application requirements can vary depending on various factors, and potential delays due to COVID-19 can add to the uncertainty. It is important for foreign national spouses to work closely with an experienced immigration attorney to navigate the process successfully and achieve their goal of obtaining US residency and eventually citizenship.
Thank you for taking the time to read our article on Unlocking the Mysteries: Timelines for US Residency Through Marriage in 2021. We hope that the information we provided has been helpful in shedding light on the complexities of the US immigration process for those seeking residency through marriage.
It is important to note that every case is unique and timelines for obtaining residency can vary greatly depending on individual circumstances. This is why we highly recommend consulting with an experienced immigration attorney who can provide personalized guidance and support throughout the entire process.
At the end of the day, the journey towards obtaining US residency through marriage can be long and daunting, but with the right resources, support, and a little bit of patience, it is definitely possible. We wish you all the best of luck in your immigration endeavors!
People Also Ask About Unlocking the Mysteries: Timelines for US Residency Through Marriage in 2021:
- What is the process for obtaining a green card through marriage?
- How long does it take to obtain a green card through marriage?
- Can I work while waiting for my green card through marriage?
- What happens if my marriage ends before I obtain a green card?
- What if my spouse is not a US citizen?
The process for obtaining a green card through marriage involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) with the USCIS. The spouse seeking a green card must attend an interview and provide evidence of a bona fide marriage.
The processing time for a green card through marriage varies depending on a number of factors, including the location of the USCIS office handling the case and any potential delays due to additional evidence requests or background checks. On average, the process can take anywhere from 10 to 13 months.
If you have filed Form I-485 and have received an Employment Authorization Document (EAD), you are legally authorized to work in the United States while waiting for your green card. It typically takes about 4-6 months to receive an EAD after filing Form I-485.
If your marriage ends in divorce before you obtain a green card, you will no longer be eligible for a green card through marriage. However, there may be other options available to you, such as applying for a work visa or seeking asylum if you fear persecution in your home country.
If your spouse is not a US citizen, you may still be eligible for a green card through marriage. However, the process may be more complicated and may require additional evidence to prove the legitimacy of your marriage.
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