Quick Answer
Once you marry a U.S. citizen, you become an immediate relative of a U.S. citizen, which makes you eligible to apply for permanent residency (a green card). After receiving your green card, you can live and work in the U.S. permanently. The timeline varies, but it typically takes 6-12 months to receive a green card after marrying a U.S. citizen. During this time, you can apply for employment authorization to work legally while your green card application is pending.
Green Card Timeline
The process of getting a green card through marriage involves several steps:
- Get married to your U.S. citizen spouse
- File Form I-130 (petition for alien relative)
- File Form I-485 (application for permanent residency)
- Attend biometrics appointment
- Complete interview with USCIS officer
- Receive green card in the mail (approval)
This process typically takes 6-12 months from start to finish. However, timeline varies based on your location and processing times.
Once you have filed Form I-485, you can apply for an Employment Authorization Document (EAD) while you wait for your green card. The EAD allows you to work legally in the U.S. while your green card application is pending. The EAD is typically issued within 90 days of filing Form I-485.
So in summary:
- It takes 6-12 months to get a green card through marriage
- You can apply for an EAD to work legally while waiting for your green card
- The EAD allows you to work immediately after receiving it
Factors That Impact Timeline
Several factors impact the timeline for getting a marriage-based green card:
Where You Live
Processing times vary widely based on the USCIS service center that handles your case. Check processing times for your service center to estimate your timeline.
Application Errors
Mistakes on any forms will cause delays and possibly denial. Review all forms thoroughly before submitting.
Request for Evidence (RFE)
USCIS may request more evidence to prove your marriage is legitimate. Respond to any RFE quickly to avoid major delays.
Interview Scheduling
It may take 2-4 months for USCIS to schedule your green card interview after submitting Form I-485.
Background Checks
Criminal and security checks are required. Any issues discovered may add several months.
Appeals Process
If your green card is denied, appealing the decision adds several months or years.
Maintaining Status While Waiting
While waiting for your marriage-based green card, it is critical to maintain legal immigration status in the U.S. There are several options:
Overstay Visa Grace Period
If you were in the U.S. on a nonimmigrant visa (e.g. H-1B, L-1, O-1, etc.), most visas have a 30-60 day grace period after expiration where you can legally remain.
File Extension or Change of Status
You may be able to file an application to extend your current nonimmigrant status or change to a different one.
Parole-in-Place
USCIS has discretion to temporarily parole you into the U.S. while your green card is pending.
Voluntary Departure
Instead of overstaying your allowed time in the U.S., you can voluntarily depart and wait abroad for your green card.
Maintaining legal status is important. Overstaying your allowed time can cancel your green card application and trigger a multi-year ban from re-entering the U.S.
Working on Nonimmigrant Visas
If you are currently in the U.S. on a visa, here are rules for working:
H-1B Visa
The H-1B is a common work visa. It allows you to remain employed with the sponsoring employer while your green card is pending.
H-4 Visa
The H-4 is for dependents of H-1B holders. You must apply for an EAD to work on H-4 status.
F-1 Student Visa
F-1 students can work on campus while waiting for their green card. Off-campus work is limited.
J-1 Exchange Visitor Visa
J-1 holders are subject to the rules of their specific exchange program. Most allow some work.
B-1 Visitor Visa
The B-1 does not permit employment. You must get a change of status to work.
B-2 Tourist Visa
Like the B-1, the B-2 does not allow employment under any circumstances.
So in summary, options to work while waiting for your marriage green card vary greatly depending on your current visa status. Contact an immigration attorney to understand your options.
Working Off Nonimmigrant Visas
If you do not have a current U.S. visa, you may still be able to work if you adjust status from within the U.S.:
- Apply for EAD – Allows work immediately upon approval
- Use Automatic 180-Day EAD Extension – Get 180 extra days if your EAD expires
- File for Advance Parole – Allows you to travel abroad and return to re-start EAD clock
You can also work if you have been granted:
- Deferred Action
- Parole-in-place
- DACA
- TPS
However, without a visa or one of these discretionary grants, you cannot legally work until your marriage green card is approved. Attempting to work illegally could jeopardize your entire green card application.
Traveling While Green Card is Pending
Generally, it is best to remain in the U.S. while your marriage green card is pending. If you must travel internationally, options include:
- Advance Parole – Allows you to travel abroad and return, valid for one year
- Refugee Travel Document – For asylees and refugees, allows multiple trips outside the U.S.
- Current Visa – In some cases, an unexpired visa allows re-entry to the U.S.
Without one of these, you may not be able to return if you leave the country while your green card is pending. This can cause your application to be denied or abandoned.
It is highly recommended to speak with your immigration attorney before traveling internationally during the green card process. They can advise you on the best documents and timing to preserve your pending application.
Impact on Status of your Children
When you marry a U.S. citizen and apply for a green card, your children can often obtain green cards as derivative beneficiaries. Here is the impact on minor children:
- Unmarried children under 21 – Become immediate relatives and can get green cards
- Married children under 21 – Remain in existing preference category
- Unmarried children over 21 – Remain in existing preference category
- Children with greencards – Maintain green card status
For preference category beneficiaries, wait times for final green card approval will not speed up just because the parent marries a U.S. citizen. Only unmarried children under 21 can upgrade to the immediate relative category.
To obtain green cards, children must have been declared on your original visa application. Children born after your arrival will need additional paperwork filed. Speak with an attorney to fully understand the process for your dependent children.
Conclusion
The timeline for receiving a marriage-based green card is typically 6-12 months from start to finish. You can apply for an Employment Authorization Document during that time to legally work while waiting for approval. Options to work or travel internationally vary greatly depending on your current visa status. Be sure to maintain lawful status while your green card case is pending. With proper documentation and strong evidence of a bona fide marriage, you will be on your way to living and working permanently in the U.S. with your new spouse.
| Visa Type | Work Permission | Typical Validity Period |
|---|---|---|
| H-1B | Yes | Up to 6 years |
| H-4 | EAD required | Up to 3 years |
| F-1 | On-campus only | Duration of studies |
| J-1 | Depends on program | Up to 7 years |
| B-1 | No | Up to 6 months |
| B-2 | No | Up to 6 months |