Once wedding day is over and the flower petals are swept away, many newlyweds are left with the same question: “After we get married, how long do we have to wait to file a green card application?”
how long to wait to file a green card application after marriage
Can you apply for a green card as soon as you are married? Fortunately, U.S. immigration law provides a clear answer: no waiting period is required before filing the first step in the green card process, the I-130 immigrant petition, for spouses of U.S. citizens or permanent residents. For spouses of U.S. citizens who are in the U.S. in valid status following a lawful entry, the second step in the process, the I-485 Adjustment of Status Application and related forms, can generally be filed at the same time.
what evidence is required for a marriage based green card application?
While no delay is required by law, it is important to make sure you are aware of what evidence is required for a marriage based green card application. Any marriage-based I-130 Immigrant Petition must be accompanied by a copy of the marriage certificate. Depending on the place of marriage, it can take as little as one day or as long as a month to receive the marriage certificate following wedding day. For more details on the required evidence for the I-130 immigrant petition, see the USCIS instructions here.
is it a good idea to wait to file a green card application after marriage?
The main hurdle in most marriage-based green card application is demonstrating that the marriage was entered in “good faith.” This means that the couple will need to show that their main reason for getting married was not to receive a green card.
Proof of good faith marriage can include documents showing that the couple shares a common residence, co-owns property, and/or has combined their assets, among other evidence. The marriage based green card applications I file normally include hundreds of pages of evidence of good faith marriage. I have found that providing plenty of evidence improves the couple’s chances of a smooth process.
While it is possible to file immediately after getting married, couples often wonder if it is a good idea to wait to file a green card application after marriage. Some people choose to live separately or wait to establish joint accounts until after marriage. In these cases, it can take a few weeks to gather additional evidence of good faith marriage after wedding day, including joint bank account statements and evidence of a common home. While this will delay the filing of the green card application slightly, waiting to provide evidence of a common address and joint accounts can avoid setbacks during the process, improving the odds the case will be approved.
The immigration officer reviewing the application will also expect to see photos from the couple’s wedding day. For those using a wedding photographer, it can take as long as several weeks to receive final photos. These images help tell the story of the couple’s wedding and can be valuable evidence. Therefore, it is generally worthwhile to wait to file the green card application until wedding photos are available.
Please note that, under the so-called “90 day rule”, it is wise for people who enter the U.S. in ESTA or B-1/B2 visitor status to avoid marriage or a green card application within 90 days following entry to the U.S. Taking these actions within 90 days of entry will lead the immigration service to presume that the applicant misrepresented their intentions when they came to the U.S., which can result in the denial of the green card application. Even if 90 days have passed before marriage or a green card application, the applicant can be questioned about their intentions when coming to the U.S. as a visitor. An experienced immigration attorney can help advise you on the implications of the 90 day rule.
conclusion: Can you apply for a green card as soon as you are married?
The law allows for the I-130 immigrant petition to be filed as soon as a couple is married. In addition, applicants not subject to backlogs, such as spouses of U.S. citizens present in the U.S. after a lawful entry, are also able to file the I-485 Application for Adjustment of Status as soon as they are married.
While it is tempting to file as soon as possible, it is important to be aware of what evidence is required or recommended for a marriage based green card application. The availability of this evidence will determine how long to wait to file a green card application after marriage.
Without discussing the specifics of a person’s case, it is not possible to give legal advice. In marriage-based cases, there are other issues, including current immigration status, domicile of the U.S. petitioner, and ability to financially support the intending immigrant that are important to examine before filing any application.
If you are looking for help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.
Vance Berry, Principal Attorney
Photo credit: Olcay Ertem