For the Nebraska Service Center, the processing times are:. If you were lawfully admitted to the country but then overstayed your visa, you can still apply for an adjustment of status as long as you are marrying a U.
If you overstayed your visa for more than days but less than 1 year , you are subject to a 3-year bar if you depart the United States. If you overstayed your visa for more than 1 year, then you are subject to a year bar if you depart the U. So how does this affect the timeline? Well, given the bars you may face if you depart the country, the consular processing option is of course off the table. If you overstayed your visa, your only option is to adjust status from within the country, so the correspondent processing times would apply.
If you entered the U. Depending on how much time you were unlawfully present in the U. This is when a waiver comes to play, specifically the IA waiver. How does this affect the timeline? Well, until a few years ago , people in this situation used to have to leave the country so a waiver could be filed and it would be months, maybe years before they could come back and families would be split for all this time.
Since the proclamation made in , the IA waiver can be filed while you are still in the country, and only once it has been approved and you have been scheduled for an interview, you leave the country.
This reduces the amount of time that families have to spend apart and it also gives immigrants more confidence. The IA waiver can take about 12 to 18 months to be processed and then another 3 additional months for the interview to be scheduled.
RFE stands for Request For Evidence, and it basically means that your application is lacking some kind of evidence for the immigration officers to make a decision on it. RFEs are usually issued around 3 months after the application is submitted, and you have 30 to 90 days to respond to it. If this happens, please add 30 to 90 days to your timeline as it is the time you will take to respond to the RFE.
If the petitioner is still going through a divorce, you need to wait until he has the final divorce decree to get married again. We usually take about 2 weeks to file our client cases from the time we receive the requested documents and the completed questionnaire. Like spouses and parents of U.
Minor children of U. Minor children of green card holders will have to wait for a green card to become available after their sponsor files form I and before they can apply for a green card from either within the United States or at a U. Minor children of green card holders fall into the same category as spouses of green card holders, and so have a relatively shorter wait than other categories.
Adult children of U. The wait can be substantial, especially for citizens of Mexico. There are limits on the number of people who can come to the United States every year in all of the family-based green card categories except the spouses, parents, and minor children of U. Everyone else has to wait in line for a green card to become available. For more information about how this system works and how to check your spot in the line, read this resource page about the Visa Bulletin.
Sometimes, USCIS has to ask for more information before processing an application — which always adds additional time to the process. In all cases, though, the sooner you submit the initial application the sooner you or your family member will get a green card.
Citizenship Processing Time. After the VSC approves the visa, the file is forwarded to embassy or consulate in the country where your spouse currently lives.
Processing there usually takes months, then your spouse will be contacted for an appointment to come into the embassy or consulate for their interview. When the interview is successfully completed, an immigrant visa is issued, valid for 6 months.
The spouse must arrive at a United States port of entry and present their documents within that time period. Once your spouse has successfully arrived in the United States, they will receive their permanent residency card green card by mail at their U.
This time is from the date of the I filing to the date when the spouse is in the United States and has their green card. Remember that these are estimates only, and waiting periods can vary widely depending on circumstances in your individual case, as well as changes in policies and procedures in the overall immigration process.
Keep in mind that any irregularities in your case can cause long delays and make your case more complicated. These can include any incorrect or missing information in any of the forms you need to file, or any previous immigration issues involving you or your spouse. Embarking on your new life with your new spouse should be a hopeful and happy time. Make sure the process of bringing your spouse to the United States goes as quickly and smoothly as possible by working with an expert immigration lawyer.
Make an appointment for a consultation with Manji Law today! Get trusted advice on Georgia Immigration. Navigating the Atlanta GA Court can be very difficult as there are many agencies involved and lots of moving parts. Your all-in-one guide to the Atlanta Immigration Court. The process, which begins with form I, can be complicated.
This page will guide you through the basics of an Adjustment Of Status and let you know what to expect. However, before you can begin working in the U. Read on to find out how you can use Form I to apply for the right to work in the United States. Email: info manjilaw. Notice: JavaScript is required for this content.
Call Us. Email Us. Note: the information on this page is for anyone who is: A United States citizen or legal permanent resident Currently in the United States Already married to their spouse, who is not yet in the United States. Call Now.
Scenario 2: Immigrant is living overseas and married: U. Scenario 3: Immigrant is living overseas and married: U. Average time -- Potentially a bit shorter than Scenario 2. Scenario 4: Immigrant is living overseas and married: U. Scenario 5: Immigrant is living in the U. Scenario 6: Immigrant is living in the United States after a legal entry a visa or visa waiver, regardless of whether the expiration has passed , and married: U.
Scenario 7: Living in the United States after an illegal entry, and married: U. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Related Products More. Becoming a U. How to Get a Green Card.
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