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How Long Does It Take To Get A Marriage Green Card In 2024

How Long Does It Take To Get A Marriage Green Card In 2024

A marriage green card application can be complex and time-consuming. Understanding the current green card through marriage timelines is essential to prepare for this significant journey.

Francis Law Center, with its extensive experience with marriage-based green cards, can help you better understand marriage green card processing time and ways to address the green card marriage backlog.

What Is the Current Wait Time for a Marriage Green Card?

Suppose you lawfully entered the United States with a nonimmigrant visa and married a U.S. citizen spouse. In that case, you and your spouse may submit an I-130 petition and I-485 application concurrently with USCIS to start your marriage green card case.

Let’s discuss the total time from filing Forms I-130 and I-485 to receiving green cards for the cases we filed in early 2024. Currently, about 40 percent of our marriage green card cases filed in Illinois, Wisconsin, and the rest of the 48 states take about two or three months to receive green cards without interviews, while about 50 percent of our cares take about five to six months to receive green cards without interviews. Our clients also received employment authorization documents (EAD), often called work permits, about halfway through before receiving green cards.

Previously it took six to twelve months to receive green cards without interviews for the green card marriage applications filed between July 2022 and December 2023.

How Long Does It Take USCIS to Schedule a Marriage Green Card Interview in 2024?

USCIS announced a new review process in July 2022, so not all marriage-based green card cases will be scheduled for interviews. Since then, most of our cases have been adjudicated without any in-person interview. This new process has significantly cut down the wait time for those cases that were waived for interviews. USCIS sent green card marriage cases to various USCIS field offices and the National Benefits Center for their final review, which sped up their processing time.

Meanwhile, suppose USCIS decides to schedule interviews for green card cases. In that case, those cases will be transferred to local USCIS field offices from the National Benefits Center, adding additional processing time. Attending those interviews in person will take about twelve months from your initial application.

What Happens If My Marriage Green Card Case Is Taking Too Long?

If your marriage green card cases are still pending, you may try the following to determine whether there have been unreasonable delays in processing your applications.

Check USCIS Processing Times:

  • Compare your wait time with the average processing times for your type of application on the USCIS’s Processing Times website
  • Check your I-485 receipt notice to learn which USCIS agency is reviewing your application.
  • If an interview is not scheduled, your application will be at either the National Benefits Center or any USCIS Field Office. However, if your case is still pending after your interview, it will be at a local USCIS Field Office.
  • For instance, according to USCIS, 80% of family-based green card cases at the Chicago Field Office take 21 months to complete.

Submit a USCIS service request:

  • Use the USCIS online tools to submit case inquiries and report that your case is outside normal processing time.
  • However, you may not submit this request if your case processing time is still within normal processing time. Even if you can submit this request, it will take many months for USCIS to respond to your inquiry.

Seek Congressional Assistance:

  • Contact your local congressional representative or your U.S. senators for help
  • You may find your local representative on the US House Representative’s Find Your Representative website or your US senator on the US Senate’s Contacting US Senators website.

If the above actions do not result in any USCIS action, you may consider filing a mandamus lawsuit.

Filing a mandamus lawsuit against USCIS is often a last resort for those waiting an inordinate amount of time for their adjustment of status application to be processed. This legal action can compel USCIS to decide on your case.

Can I Sue USCIS for Delaying My Marriage Green Card Case?

Yes. A writ of mandamus lawsuit is a legal action that asks a court to compel a government agency to perform a duty that it is legally obligated to complete. In the context of immigration, it can be used to address unreasonable delays in processing applications.

When you evaluate whether filing a mandamus lawsuit can help resolve long-pending adjustment of status cases, you should know the following.

  • USCIS has a clear duty to adjudicate your application.
  • You have a clear right to have your application adjudicated.
  • You have no other adequate remedy available.

Filing a mandamus lawsuit involves complex legal procedures. Consulting with an experienced immigration attorney can ensure that your case is presented effectively and increases your chances of success.

Navigating Your Green Card Marriage Application with Francis Law Center

It is also essential to understand the various stages of the marriage-based green card application process and the costs of marriage green cards.

Francis Law Center, with offices in Chicago, Naperville, IL, Schaumburg, IL, and Madison, WI, is well-equipped to assist with marriage-based green card applications across the U.S. Their experienced team speaks five languages and offers personalized support throughout the process.

Founded by Jae Francis Lee, a first-generation immigrant who understands the unique needs accompanying the immigration process, Francis Law Center is dedicated to helping you succeed. Contact Francis Law Center today to ensure your application is thorough and compelling.

How Long Does It Take To Get A Marriage Green Card In 2024
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