Note: The timeline and overview of the immigrant visa process will be explained from the perspective of a foreign national applying for a green card through marriage to a U.S. citizen. Although, please note that spouses of U.S. lawful permanent residents (green card holders) can also take advantage of this route.
The below provides an overview of the timeline and various stages associated with obtaining a green card by marriage through the immigrant visa process. This green card route is a bit different than the green card marriage adjustment of status route undertaken in the US.
There are four stages to this process involving three separate U.S. government agencies which all play a role in rendering the final decision.
We cannot stress enough how often and how frequently processing times fluctuate and adjust! So please consider any timelines provided below as the current best estimates.
Stage 1: U.S. Citizenship and Immigration Services (USCIS)
The first step in the process is for the U.S. citizen spouse to file an immigrant petition with the USCIS on behalf of the foreign national spouse. The petition confirms that the U.S. citizen wants to sponsor their foreign spouse for permanent residency. The U.S. citizen and foreign spouse must also establish and evidence they have a bona fide marital relationship.
In approximately 2 to 4 weeks, the U.S. citizen spouse will receive a receipt notice acknowledging the petition was accepted and submitted. The next expected notice is the approval notice of the petition, and it could be another 6 to 12 months until the petition is approved.
After the petition is approved, the case is then transferred to the National Visa Center (NVC).
Stage 2: National Visa Center (NVC)
The NVC can take anywhere from 0-2 months to contact all parties regarding the next steps.
The NVC will create a case online and reach out to the U.S. spouse, foreign national spouse, and attorney of record with instructions on how to sign in to the case online. All processing with the NVC will take place via this case online.
Through the online case, the NVC will request payment of the immigrant visa application processing fee and the affidavit of support fee. It will also request various documents from the foreign spouse and U.S. spouse like the following: affidavit of support and supporting documentation, Form DS-260, birth certificates, police certificates, marriage certificates, divorce records (if relevant), and potentially court and military records.
The NVC reviews everything submitted and generally completes its review within 2 weeks. After its review, the NVC contacts all parties confirming acceptance of the documents and that the foreign spouse has been placed in line for an interview at the U.S. Embassy/Consulate.
Stage 3: U.S. Consulate Or Embassy
The length of time it takes for an interview to be scheduled depends on the availability at the specific U.S. Consulate or Embassy. Generally, most Consulates/Embassies will schedule an interview within 4 to 6 months after the NVC confirms acceptance of the documents submitted. However, there are some Consulates/Embassies abroad with very long interview wait times, like the U.S. Consulate in Ciudad Juarez in Mexico which has a wait time of over 1 year.
When the interview has been scheduled, all relevant parties will be notified and given details of the interview. The foreign spouse will need to conduct a medical exam prior to the interview and gather the documents they will need to bring with them to the interview.
The foreign spouse will attend their appointment at the appropriate U.S. Consulate or Embassy. At its conclusion, the foreign spouse will know if they have been approved. If they are approved, the passport will be taken away so that an immigrant visa can be placed inside. The foreign spouse will receive instructions on how the passport with the immigrant visa will be returned.
Stage 4: Admission into the U.S. as a Lawful Permanent Resident
The immigrant visa will be valid for a period of a few months (approximately 3 to 5) and the foreign spouse has until its expiration to enter the U.S. Upon entry to the U.S., the foreign spouse will present their immigrant visa to the Customs and Border Patrol (CBP) officer. It is likely they will be taken to a secondary inspection to process the entry.
After processing is done the foreign spouse will be admitted into the U.S. as a lawful permanent resident, aka a green card holder! The foreign spouse will receive an I-551 endorsement in their passport which will evidence their status as a lawful permanent resident for 1 year. The green card will arrive in the mail several months after entry. (If your marriage was less than two years old at the time of approval, you will receive a two-year conditional green card.)
