Obtaining a marriage green card for your spouse can be complex and time-consuming. With the average wait times extending to 9.3 months or longer due to increasing backlogs, many couples are in a frustrating limbo. However, there are steps you can take to expedite the green card process for your spouse, making it possible to bring your loved one to the United States sooner. In this guide, we’ll walk you through the steps to an expedited green card for spouse approval, including the general process, criteria for expedited processing, and additional strategies to minimize delays.
Overview of the Marriage Green Card Process
The marriage green card process involves several steps, each requiring careful preparation and adherence to U.S. Citizenship and Immigration Services (USCIS) guidelines. The basic process includes the following stages:
- Filing Form I-130 (Petition for Alien Relative): The U.S. citizen or green card holder must file this form to establish a qualifying relationship with the spouse.
- Supporting Documents: It includes submitting a marriage certificate and proof of a bona fide relationship.
- Biometrics Appointment: The spouse must attend an appointment to provide fingerprints and other biometric information.
- Green Card Interview: Finally, both spouses may be required to attend an interview to confirm the legitimacy of the marriage.
While these steps are standard, delays can occur due to processing backlogs or errors, making it crucial to explore options for an expedited green card for a spouse.
Alright, buckle up! Let’s dive into the specific steps you’ll need to tackle next.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Steps to File a Marriage Green Card Application
The steps to file a marriage green card application are:
- Filing Form I-130: Petitioner and Beneficiary Details
The first step in the marriage green card process is filing Form I-130, Petition for Alien Relative. This form must be completed by the U.S. citizen or green card holder (petitioner) to prove their relationship with their spouse (beneficiary). The form requires detailed information about both parties, including biographical details, previous marriages, and the intended residence in the United States.
The accuracy and completeness of this form are crucial, as errors or omissions can result in delays or denials. Correctly filling out Form I-130 is the foundation for securing an expedited green card for spouse approval.
- Supporting Documents Required: Marriage Certificate, Proof of Relationship
Along with Form I-130, you’ll need to submit supporting documents that establish the authenticity of your marriage. These documents include:
- A certified copy of your marriage certificate.
- Evidence of a genuine relationship includes joint bank accounts, lease agreements, and photos.
- Proof of termination of any previous marriages (if applicable).
Providing thorough and clear documentation can prevent delays and strengthen your case for an expedited green card for your spouse.
- Biometrics Appointment
Once your application is received, USCIS will schedule a biometrics appointment for the spouse seeking the green card. This appointment involves fingerprinting, photographing, and recording other biometric data. It is a mandatory step in the process and should be completed promptly to avoid delays.
While the biometrics appointment is a routine part of the process, attending on the scheduled date is essential to keep the process moving smoothly toward an expedited green card for the spouse.
- Attending the Green Card Interview
The final and often most critical step in the marriage green card process is the interview. During this interview, a USCIS officer will assess the legitimacy of your marriage. Both spouses must be prepared to answer questions about their relationship, daily life, and plans together.
Preparing thoroughly for this interview is crucial, as any inconsistencies or doubts could lead to delays or denials. Successful completion of the interview can significantly contribute to an expedited green card for the spouse.
Consulting with an immigration law expert like Sweta Khandelwal can provide you with the necessary preparation and confidence to ensure a successful interview.
But what if you need to accelerate the process? Let’s explore the criteria for expediting your application.
Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage
Expedited Processing Criteria
In certain situations, USCIS allows applicants to request expedited processing. This is a discretionary decision and is only granted in specific circumstances. Understanding these criteria is critical to securing an expedited spouse green card.
- Severe Financial Loss to Person or Company
One of the primary reasons USCIS may grant an expedited request is if the applicant or their employer can demonstrate severe financial loss due to processing delays. For example, if a delay in the green card process could result in losing a job or significant business opportunities, USCIS may consider expediting the case.
To support this request, documentation such as job offers, letters from employers, or financial statements that clearly outline the potential economic impact of the delay is essential. Highlighting the situation’s urgency is crucial in securing an expedited green card for a spouse under this criterion.
- Urgent Humanitarian Reasons
Humanitarian reasons can also justify an expedited request. Examples include urgent medical needs that require the spouse to be in the United States or situations where the spouse is in a country experiencing war, natural disasters, or other crises. In such cases, USCIS may expedite the green card process to ensure the applicant’s safety and well-being.
Supporting evidence, such as medical records, doctors’ letters, or reports on the conditions in the spouse’s home country, will be necessary to make a compelling case for an expedited green card for the spouse on humanitarian grounds.
- Clear USCIS Errors Impacting Application Validity
If USCIS has made a clear error while processing your application, such as misplacing documents or incorrectly assessing your case, you may request expedited processing. In these cases, it’s crucial to identify and document the error clearly and submit this information along with your expedited request.
Correcting USCIS errors promptly can prevent further delays and help secure an expedited green card for the spouse.
- Compelling U.S. Government Interests
In rare instances, cases that involve compelling U.S. government interests, such as national security or public safety, may be expedited. This criterion is typically applicable when the applicant’s presence in the U.S. significantly benefits the government or the public.
If your case involves such interests, consult with an immigration attorney, Sweta Khandelwal, to explore the possibility of an expedited green card for a spouse under this criterion.
So, what do you do if you’re facing a delay? Here’s the lowdown on when and how to make that expedited request.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
How to Make an Expedite Request
If your situation meets one of the criteria for expedited processing, you can formally request an expedited green card for your spouse through USCIS. Here’s how:
- Steps to Expedite with USCIS
The first step in making an expedited request is to wait until you receive the receipt notice from USCIS confirming that your application has been received. Once you receive this notice, you can contact the USCIS Contact Center for expedited processing. Be prepared to explain your situation clearly and concisely.
During this call, USCIS may ask for an initial explanation of why you believe your case warrants expedited processing. If USCIS finds your initial request reasonable, they will ask you to submit supporting documentation.
- Submitting Supporting Documentation for Expedited Requests
After contacting the USCIS Contact Center, you must submit a formal letter explaining your reasons for requesting expedited processing. This letter should include:
A detailed explanation of your situation and why it meets the expedited criteria.
Any supporting documentation, such as medical records, financial statements, or employer letters.
References to specific USCIS policies or guidelines that support your request.
Your request for an expedited green card for your spouse should be as detailed and well-documented as possible to increase your chances of approval.
- Tracking Expedite Requests through USCIS Online Account
Once your expedited request is submitted, you can track its progress through your USCIS online account. USCIS may take some time to review your request and may ask for additional information or documentation. Regularly check your online account for updates, and be prepared to respond quickly if USCIS requests further evidence.
Tracking your expedited request closely will help you stay informed about the status of your expedited green card for spouse application and take action if needed.
Are you feeling overwhelmed? Let’s discuss who can help and how to get them on board.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Role of U.S. Representatives and Ombudsman
If your expedited request is denied or if you experience significant processing delays, you can explore additional avenues to expedite the process for an expedited green card for your spouse.
- Engaging Local Congressperson for Support
Your local U.S. congressional representative can assist you in the immigration process. While they cannot directly influence USCIS decisions, they can help by inquiring about your case, bringing attention to delays, and advocating on your behalf.
To engage your congressperson, you must provide them with case details, including the receipt notice, the reason for your expedited request, and any supporting documentation. They can then contact USCIS on your behalf to request expedited processing or an update on your case.
- Procedures for Ombudsman Assistance in Case of Delay or Hardship
The Office of the Citizenship and Immigration Services Ombudsman is another resource that can help if you encounter delays or difficulties with your case. The Ombudsman can assist by reviewing your case, identifying issues, and communicating with USCIS to resolve problems.
To request help from the Ombudsman, you must submit a formal request and any supporting documentation. The Ombudsman’s office will then review your case and work to address any delays or errors, potentially facilitating an expedited green card for your spouse.
Consulting an immigration lawyer can help you understand how to utilize these resources best.
Feeling overwhelmed? Let’s discuss who can help and how to get them on board.
Specific Expediting Options for Overseas Spouses
For spouses living outside the United States, the process for requesting expedited processing may differ slightly. Here are some options specific to overseas spouses seeking an expedited green card for the spouse.
- Exceptional Circumstances for Filing at U.S. Embassy/Consulate
In certain circumstances, filing for a marriage green card directly at a U.S. embassy or consulate in the spouse’s home country may be possible. This option is typically reserved for urgent humanitarian needs like medical emergencies or security concerns.
If your situation qualifies, contact the nearest U.S. embassy or consulate to inquire about the possibility of filing directly with them. Be prepared to provide detailed documentation of your circumstances to support your spouse’s request for an expedited green card.
- Step-by-Step Process for Submitting Expedite Requests Overseas
If your spouse is living abroad and you need to request expedited processing, follow these steps:
- Contact the U.S. Embassy/Consulate: Contact the embassy or consulate where your spouse will apply for their visa. Explain your situation and inquire about requesting expedited processing.
- Submit Supporting Documentation: As with domestic expedited requests, you must provide thorough documentation supporting your request. This may include medical records, financial documents, or evidence of urgent humanitarian needs.
- Track the Request: Monitor the embassy or consulate’s response closely once your request is submitted. They may contact you for additional information or provide updates on the status of your request.
Following these steps can help ensure a smoother process for securing an expedited green card for a spouse overseas.
Immigration attorney Sweta Khandelwal can guide you through this process and help ensure all necessary documentation is in order.
Understanding timelines and tracking your application is critical, so let’s break down the standard wait times and what you can do to stay on top of things.
Also Read: Green Card Application Fee for Spouse: A Step-by-Step Breakdown
Expected Processing Times and How to Track
Understanding the typical processing times for each marriage green card process stage can help you plan and manage expectations. Here’s a breakdown of what to expect:
- Typical Processing Time for Different Stages
Form I-130 Processing: Typically 6 to 15 months, depending on USCIS workload.
Biometrics Appointment: Usually scheduled within 1 to 2 months after filing.
Interview Scheduling: Varies widely, with wait times ranging from 3 to 12 months.
By understanding these timelines, you can better anticipate when to request an expedited green card for your spouse and when to expect updates from USCIS.
- Common Factors Causing Delays
Several factors can cause delays in the marriage green card process, including:
- Incomplete or inaccurate forms.
- Missing or insufficient supporting documents.
- High application volume at USCIS centers.
- Additional security checks or requests for evidence.
Identifying and addressing these issues early can prevent delays and increase the chances of securing an expedited green card for the spouse.
- Tracking Case Status Online and Submitting Case Inquiries
USCIS provides an online tool for tracking the status of your application. Regularly checking this tool can help you stay informed about your case’s progress and identify any issues needing attention.
If your case takes longer than expected, you can submit a case inquiry through the USCIS website or contact the USCIS Contact Center for assistance. Promptly addressing any issues can help move your case forward and improve your spouse’s likelihood of an expedited green card.
Conclusion
The marriage green card process can be challenging. Still, by understanding the steps involved, criteria for expedited processing, and strategies for minimizing delays, you can increase your spouse’s chances of a faster outcome. Whether you’re dealing with urgent humanitarian needs, severe financial loss, or other qualifying circumstances, knowing how to request an expedited green card for your spouse can make all the difference.
If you need assistance with the green card process or believe your case warrants expedited processing, consider consulting with a specialized immigration law firm like Law Offices of Sweta Khandelwal. Professionals like Sweta Khandelwal can provide expert guidance, ensure all forms and documents are correctly submitted, and advocate on your behalf to expedite the process.
Contact Sweta Khandelwal today to learn more about how we can help you secure an expedited green card for your spouse and bring your loved one to the United States as quickly as possible.
