1. What is the priority date for a marriage-based green card?

The priority date for a marriage-based green card is the date that either the United States Citizen or permanent resident filed the I-130 petition on behalf of their spouse. This date is used to determine when a foreign spouse can apply for an immigrant visa or adjust status.

2. How can I check the current priority date for a marriage-based green card?

You can check the current priority date for a marriage-based green card on the U.S. Department of State’s Visa Bulletin website. This website is updated every month with the most recent priority dates for different categories of green cards.

3. How does the priority date for a marriage-based green card affect my application?

The priority date for a marriage-based green card affects the application by determining when the application will start to be processed. The priority date is the date on which the I-130 petition was filed with the U.S. Citizenship and Immigration Services (USCIS). Once the priority date is established, applicants must wait for their priority date to become “current” before they can apply for permanent residency. The priority date is determined by the USCIS and is based on when the I-130 was filed.

4. What happens if my priority date is current for a marriage-based green card?

If your priority date is current, then you can submit your green card application. Depending on your location, this could mean applying through the National Visa Center, the U.S. Embassy/Consulate in your home country, or through U.S. Citizenship and Immigration Services (USCIS) in the U.S. Once you submit your application, it will be reviewed by USCIS. Assuming there are no major concerns, USCIS will then schedule an interview with you and your spouse in order to verify that your marriage is legitimate. Based on the results of the interview, a decision will be made on whether or not you will be granted a green card.

5. What are the advantages of having an earlier priority date for a marriage-based green card?

The advantages of having an earlier priority date for a marriage-based green card include:
1. Improved chances of avoiding the long waiting times associated with green card applications;
2. Increased likelihood of qualifying for other benefits, such as travel authorization, work authorization, and other visas;
3. Having a higher priority in the Visa Bulletin to access the green card;
4. Increased chances of being approved before the priority date is current;
5. Being able to provide more documentation to support the marriage-based green card application;
6. Increased chances of being able to adjust status and becoming a U.S. resident within a shorter period of time; and
7. Reduced risk of being denied a visa if the priority date becomes too old.

6. How can I find out the priority date for my spouse’s marriage-based green card application?

You can find out the priority date for your spouse’s marriage-based green card application by contacting the United States Citizenship and Immigration Services (USCIS). The USCIS typically assigns priority dates to applications based on when they were filed, and your spouse’s priority date should be noted on any notices or case updates you receive from the agency.

7. Is there a waiting list for marriage-based green cards and what is the priority date cutoff?

Yes, there is a waiting list for marriage-based green cards and the priority date cutoff for applicants in the second family-sponsored preference category is May 15, 2017.

8. What are the requirements for filing an I-130 petition to get a marriage-based green card?

In order to file an I-130 petition to get a marriage-based green card, the following criteria must be met:

1. The petitioner must be a U.S. citizen or a permanent resident (green card holder).
2. The petitioning spouse must be legally married to the foreign-national spouse, either in the U.S. or abroad.
3. There must be proof of the relationship and evidence that the marriage is genuine, such as joint financial statements, photographs, and affidavits from friends and family members who know the couple.
4. The foreign-national spouse must not have any serious criminal convictions or any medical conditions that would make them inadmissible to the United States.
5. The foreign-national spouse must be admissible to the United States under immigration laws, with some exceptions for certain criminal and medical backgrounds.
6. The petitioner and foreign-national spouse must provide evidence that they have met in person within two years of filing the petition, unless they can show a reason why they could not meet due to cultural or religious reasons.

9. How long does it take to get a marriage-based green card after I file my I-130 petition?

It typically takes 6 to 12 months to receive a marriage-based green card after filing the I-130 petition. The actual processing time depends on the backlog in your particular region and how quickly USCIS processes your application.

10. Is there any way to expedite the processing of my marriage-based green card application?

Unfortunately, there is no guaranteed way to expedite the processing of a marriage-based green card application. However, you can make sure that your application is complete and accurate when you submit it, which may help speed up the process. You should also consider consulting an immigration attorney to ensure that all necessary documents are included and that the application is properly filled out.

11. What is the difference between a “regular” and “immediate relative” category for a marriage-based green card application?

A regular marriage-based green card application is when the foreign nationals who are petitioning for the green card are not immediate relatives of a U.S. citizen. An immediate relative marriage-based green card application is when the foreign nationals are petitioning for the green card and are immediate relatives of a U.S. citizen, meaning that they are the spouse, or parent of a U.S. citizen, or an unmarried child under the age of 21 of a U.S. citizen. Immediate relative green cards have no annual limit on the number of these visas issued, while regular marriage-based green cards have a numerical limit each year set by Congress.

12. Do I need to submit any documents to prove my relationship when filing for a marriage-based green card?

Yes. You must submit a copy of your marriage certificate to prove your relationship when filing for a marriage-based green card. You may also need to submit evidence of the validity of your marriage, such as joint bank accounts and tax returns, as well as proof that you have both lived together since your marriage.

13. What happens if the priority date for my marriage-based green card is not current when I file the I-130 petition?

If the priority date for your marriage-based green card is not current when you file the I-130 petition, then you will have to wait until the priority date becomes current before you can proceed with the rest of the visa process.

14. When does my priority date become effective for my marriage-based green card application?

Your priority date becomes effective on the date that the United States Citizenship and Immigration Services (USCIS) accepts your green card application. The USCIS will usually make a decision on your application within 6-12 months after the date of filing.

15. What happens if I marry someone who already has a pending marriage-based green card application?

If you marry someone who already has a pending marriage-based green card application, they may become eligible for a different form of relief from removal (such as cancellation of removal or asylum). However, your marriage would not have any direct effect on the pending application.

16. How does consular processing work when filing for a marriage-based green card?

When filing for a marriage-based green card, the process is known as “consular processing.” The U.S. citizen spouse (petitioner) files a petition with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, USCIS sends the approved petition to the National Visa Center (NVC). The NVC will notify both spouses when the petition is received and when to submit necessary fees and documentation. Once all documents and fees are submitted, an appointment will be scheduled for an interview at the U.S. Embassy or Consulate abroad. The non-U.S. citizen spouse (beneficiary) will attend the interview to have his/her eligibility determined. If approved, the beneficiary will then receive a visa which can be used to enter the U.S. Once the beneficiary enters the U.S., he/she can file for a green card within 90 days of entry.

17. How do I get an immigrant visa number when filing for a marriage-based green card?

If you are filing for a marriage-based green card, you will need to be assigned an immigrant visa number by the U.S. Department of State. Your application will be processed by the National Visa Center (NVC) once it has been approved by U.S. Citizenship and Immigration Services (USCIS). After your application has been approved, the NVC will assign you an immigrant visa number and provide you with instructions on how to complete the next steps of the process.

18. Is there any way to transfer a priority date from one spouse to another in the case of a divorce or death?

Yes. Generally, the divorced or deceased spouse’s priority date can be transferred to the surviving or remaining spouse. The surviving spouse can use this priority date to file an immigrant petition. This process is known as “porting” and is allowed as long as certain requirements are met.

19. Is there any way to convert an existing nonimmigrant visa into a permanent residence card through marriage?

Yes, it is possible to convert a nonimmigrant visa into a permanent residence card (green card) through marriage. Generally, the foreign-born spouse of a U.S. citizen can seek a green card through consular processing or adjustment of status. Depending on the type of nonimmigrant visa held by the foreign-born spouse, adjustment of status may be the preferred option due to its quicker processing time.

20. What are some common mistakes people make when filing for a marriage-based green card that can delay their application process?

1. Not submitting all necessary documents.
2. Failing to provide proof of a valid marriage.
3. Not providing sufficient evidence of the couple’s bona fide marriage.
4. Failing to provide evidence of financial support for the applicant.
5. Not submitting the correct forms or documents.
6. Not filing the application within the required timeframe.
7. Failing to include the correct filing fee or not paying the fee in full.
8. Not providing evidence that either the petitioner or the beneficiary is a U.S. citizen or lawful permanent resident.
9. Not providing an original passport, birth certificate, or other required documents for each applicant.
10. Not responding to requests from USCIS for additional information or documentation in a timely manner.