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You may have to get an immigration lawyer in this scenario since your spouse will likely be deemed inadmissible and denied a green card if they don’t leave the country before applying.So how long should you expect your application process to take? You, the U.S. citizen, submit a Form I-130 to the USCIS, and once it gets approved you submit another online visa application with additional documents. 4 Receive a green card in the mail. This article will break down the various possibilities and summarize what to expect for each. If you are married to, or plan to marry, someone from another country, there's no easy answer to the question of, "What will happen and by when will the immigration process be done?” A great deal depends on both your and your spouse's place of current residence, immigration status or history, and more.
The spouse will receive an IR1 (or “immediate relative”) green card — a “permanent” green card that is valid for 10 years.

on travel, students or business visa). Marrying a U.S. citizen is one of many paths that are available when it comes to obtaining a green card. So, as a green card holder, you can sponsor your spouse. Procedures for Your Spouse to Come from India on an Immigrant Visa. 180 days of illegal presence will result in inadmissibility for 3 years; over one year of illegal presence results in ten-years of inadmissibility. But they may be able to apply for a waiver of the inadmissibility that results from spending excessive time in the U.S. unlawfully.First, understand that starting a green card application process on someone's behalf (that is, filing Form 1-130 and placing the spouse on the waiting list) will not give the person any right to come to or remain in the United States. In order to bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder. continuously maintain[] lawful status in the United States in order to adjust status,” until his or her priority date arrives. If your spouse is in the U.S. illegally and the USCIS becomes aware of this, then your spouse will be considered inadmissible for a family second preference visa. There might be some ways to bring your wife to the U.S. sooner so she could wait for her green card here. If you are looking to find out the...This article discusses the green card holder spouse visa processing time and details the application process, including what to do in various specific scenarios.Getting the Form I-130 petition approved will take 7-14 months, and then you will be put on a waitlist (currently 2 years long) to get the immigrant visa. Your spouse may have to return to your home country for this wait since you cannot file a petition for your spouse if they are living in the country illegally. . Unless a spouse already has a valid visa (and hasn't stayed past the required departure date) or some other right to be in the United States, the spouse is expected to wait in his or her home country until the priority date is current before moving forward to claim any immigration rights. If you become a U.S. citizen, you will notify the USCIS to upgrade your petition, and the process will become much faster. At this point, if your petition is approved, you will be put on another waitlist for the immigrant visa, and eventually, your spouse will get an interview at the local consulate.Your spouse is not permitted to enter the country until their priority date and they have received their visa. This allotment is not for spouses alone: Category 2A also covers unmarried children of lawful permanent residents.As a further benefit of being an immediate relative, if the foreign-born spouse in in the United States after a legal entry (such as with a visa, used for its original purpose and without any secret intent of marrying), he or she can go ahead and apply to adjust status, regardless of any overstay.Unfortunately, the foreign-born spouse's eligibility will not lead to an immigrant visa (the equivalent of a green card) right away.
And what are the exact steps you must take to be successful?