There is a common misconception that marrying a U.S. citizen is an easy and fast process. Unfortunately, that is not the case. In the video below, attorney Jeff Peek talks about how long it actually takes to adjust your status inside the U.S. or apply for a green card outside the U.S.
Many have heard through friends or family that if you marry a U.S. citizen, that it’s an easy path to becoming a permanent resident. While that can be true, and certainly marrying a U.S. citizen does provide an opportunity, you have to have several eligibility factors available to you. But the bigger question is, how long is that going to take?
There’s no expedited fee for adjustment of status or for applying for a green card outside the U.S. What we’ve seen is that the process inside the United States is usually the best, as far as time and ease. However, it can still take up to 10-11 months to receive a green card. While you wait, you will obtain a work permit and a travel permit, if you paid for one, which can also take 4-5 months to receive.
On the other side, if you’re going to try to do things outside the U.S., the process is even longer. It can take up to a year to receive a green card.
Other people might think that getting a fiancé visa would be faster as well. Think again. Even that has a lengthy process time. Right now, the wait time can be over a year.
Our point is don’t assume that just because you have a U.S. citizen fiancé and getting married, it will be an easy and quick process. It’s not.
Now, there are some tricks of the trade. There are little things you can do to speed up or make yourself eligible for different processes. Which we recommend you reach out to an attorney so they can further explain to you those options.
We want to note that don’t assume that because you have a visa, you can leave the United States, get married to a U.S. citizen outside, come back in with that visa, and later on change your status. That assumption can lead to problems down the road.
Every time you come into the U.S. the officers will look at your intent. Meaning what was your intention of coming to the United States when you came in, even though you already have this approved visa. If they find out you married a U.S. citizen then left on a tourist visa, came back in on a tourist visa, and then tried to adjust status, it can lead to a denial. Likewise, if you were here on a work visa, went outside the U.S., married a U.S. citizen, and came back in on your work visa, even though you married a U.s. citizen, it can be an issue. If you cannot convince them that your intention when you came into the U.S. was temporary and plan on leaving again to go back to your home country, they can deny you, saying you knew you would adjust status coming into the country.
Therefore, you have to be very careful about how you plan trips, plan your wedding if it’s going to be outside of the U.S., and don’t assume things. Timing is crucial, so talk to a lawyer quickly if you have any inkling that you might want to get married.
Applying for an adjustment of status or a green card can be a very stressful process. Just getting married has its stresses, don’t add to it by making mistakes of not planning or getting competent immigration advice from a seasoned immigration expert.
If you are getting married and want to adjust status, we’d love to help you, or if you have an immigration question, please don’t hesitate to reach out to us at (512) 399-2311.