Family-based green cards allow overseas spouses to overcome boundaries and move to the US. Unfortunately, processing time for applications for such green cards can be quite long (currently about 20 months). Fortunately, overseas spouses can use a variety of strategies to shorten their waiting time and move to the US faster.
STANDARD GREEN CARD APPLICATION PROCESS
The standard green card application process has two components: the I-130 Petition and acquisition of US immigrant status.
Component 1: I-130 Petition
The I-130 Petition, which is typically submitted to USCIS, is intended to validate the existence of a qualifying relationship. A bona fide marriage with a US citizen is one such qualifying relationship.
About 80% of the processing time for family-based green card applications for spouses is attributable to the I-130 Petition. More specifically, the anticipated processing time for an I-130 Petition for spouses is currently about 16 months.
Component 2: Acquisition of US immigrant status
Immigrant status can be acquired via:
- Travel to the US with an immigrant visa (for those applicants who are currently overseas)
- After USCIS approves the Petition, the case is forwarded to the National Visa Center for commencement of consular processing of the foreign spouse’s visa application. After the foreign spouse flies (and is admitted) to the US with the new immigrant visa, the green card is issued by mail.
- Adjustment of status (AOS; for those green card applicants who were already in the US)
- Whereas the immigrant visa application process can only commence after USCIS approves the I-130 Petition, the AOS process can commence before the I-130 Petition has been approved. After the AOS application is approved the green card is issued by mail.
Some couples erroneously believe that they can circumvent that long processing time for I-130 Petitions by using ESTA to travel to the US and then apply for the green card once in America. Carrying out such a plan, however, is a bad idea, as it constitutes immigration fraud and can result in harsh consequences.
THREE SOLUTIONS TO MOVE TO THE US FASTER
Rather than engage in immigration fraud or acquiesce to a long waiting period, overseas couples who wish to move to America as quickly as possible have a number of options.
Solution 1: Submit the I-130 Petition to a consulate
The absolute fastest way for overseas spouses to speed up their green card application is by submission of the I-130 Petition to a US consulate. However, not all spouses will be eligible to utilize this method. The Petition can only be submitted to–and be adjudicated by–the consulate in certain circumstances; for example:
- One spouse is an active-duty US military member.
- One spouse needs to move to the US quickly for a job transfer or to start a new job for which there was little advance notice.
- One spouse is confronted with some other exceptional circumstance that is time-sensitive and exigent in nature.
Solution 2: Submit an “Expedite Request” to USCIS
If direct filing of the Petition at the consulate is not possible, overseas couples can submit their Petition to USCIS using the standard process and then submit an Expedite Request to USCIS. If the Expedite Request is approved, the Petition will be adjudicated before Petitions filed by others earlier and that are therefore ahead in the queue. Expedite requests can be approved for a number of reasons, including:
- To prevent severe financial loss (such as related to job loss)
- For an emergency or urgent humanitarian situation (such as related to illness or disability of a family member)
Solution 3: Submit competing petitions for a K-3 spouse visa
Overseas couples who wish to apply for a family-based green card can potentially shorten their waiting time overseas by submission of two Petitions: the I-130 Petition and an I-129F Petition.
The two Petitions then essentially race each other:
- If the I-130 Petition wins the race and is approved first (before the I-129F Petition), the I-129F Petition essentially dies and the standard process continues as described above (ie, application for an immigrant visa).
- However, if the I-129F Petition wins the race and is approved first, the I-130 Petition essentially dies and only the I-129F Petition survives. In this case, there will not be an application for an immigrant visa. Instead, the overseas spouse will apply for a K-3 spouse visa, which is a non-immigrant visa.
Spouses who receive a K-3 spouse visa will not automatically receive their green card, since the spouse visa is not an immigrant visa. Instead, to receive a green card, those foreign spouses can apply for adjustment of status when they are in the US. While this third solution does not result in the faster attainment of the green card, it does enable overseas spouses to move to the US faster.
If you are interested in applying for a family-based green card, schedule a 30-minute consultation with our law firm.
