Marriage-based Green Card: Timeline, Costs, And Common Rfes

By Author: Berd & Klauss, PLLC
Total Articles: 13
Comment this article

If you ask a green card lawyer in NYC about how long it might take to complete the marriage-based green card process, they will tell you that there is no ‘standard’ processing time. Ultimately, the timeline and the cost of the case will depend on your circumstances. Some applications are straightforward, but in some instances, USCIS may send you a Request for Evidence (RFE) seeking additional information before making a decision.
Here’s a closer look at what you can expect and how a green card lawyer in NYC can help you prepare.
What is the general timeline for a marriage-based green card?
Your timeline will depend largely on the route your case takes: whether you use adjustment of status or consular processing. Your spouse’s status (whether they are a US citizen or lawful permanent resident) can also affect how quickly the case advances.
Apart from that, the current workload at USCIS can largely affect processing times. And if USCIS sends you an RFE, your case may take longer while you gather the requested information and the ...
... agency reviews your response. This is why your green card lawyer in NYC will often advise you to treat published processing times as your cue to plan instead of treating them as a guaranteed completion date.
How much will a marriage-based green card cost?
The amount depends on how you’re applying for your green card and which forms you need. And because immigration fees can change, it’s a good idea to double-check the latest USCIS and State Department fees right before you file.
Form I-130 currently costs $625 when you file your adjustment of status online and $675 if you choose to file a paper application. For many applicants, Form I-485 costs $1,440.
Going through consular processing instead? The State Department collects a $325 immigrant visa application processing fee for immediate relative and family preference cases, plus a $120 Affidavit of Support review fee.
What are common RFEs in marriage-based green card applications?
Getting an RFE can be worrying, but it doesn’t necessarily mean that USCIS plans to deny your green card application. It simply means that the officer reviewing your case needs a little more information/evidence before they can make a decision. Basically, USCIS wants to see that you and your spouse built a real life together and didn’t get married mainly for an immigration benefit.
What can you use as proof? It really depends on your relationship, but you might provide:

A lease or mortgage with both of your names on it
Insurance policies that show shared coverage or name each other as beneficiaries
Joint bank account statements
Utility bills
Joint tax returns
Photos of you together from different points in your relationship
Records from trips you’ve taken together
Birth certificates or other records for children you share
Statements from family members or friends who know you as a couple

Avoid problems with your green card application
With a green card lawyer in NYC, you can get all the help you need from the very beginning to reduce your risk of preventable issues and be in a better position if USCIS asks for additional evidence. Don’t hesitate to connect with one from Berd & Klauss, PLLC.  Schedule a free initial consultation by calling 212-461-7152 to learn how their legal team can assist you with your marriage-based green card application.

Patrick Klauss, Esq., is an immigration attorney and partner at Berd & Klauss, PLLC, who specializes in all aspects of immigration law, from visas to deportation and waivers. Berd & Klauss, PLLC is a boutique, full-service immigration firm in New York dedicated to helping companies and individuals secure immigration benefits in the United States.