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Chart: What to Expect When Sponsoring a Fiancé or Spouse
by Ilona Bray
Be warned. The time averages on this chart can change dramatically, based on various factors both within and outside your control.
| The Immigrant's Situation | The U.S. Fiancé or Spouse's Situation | Summary of the Process | Average Time |
| Living overseas and engaged to be married. | U.S. citizen, living in the United States. | The U.S. citizen starts the process by mailing a Form I-129F visa petition (Petition for Alien Fiancé) to the nearest USCIS Service Center. After the petition is approved, the immigrant submits various forms to a local U.S. consulate and attends an interview, soon after which he or she may be approved for a fiancé visa to enter the United States. The immigrant will have 90 days in the U.S. in which to get married and apply for a green card at a local USCIS office. Months later, the immigrant will be called in for fingerprinting, then to an interview at which the green card should be approved. | Four months to get the fiancé visa; another year to get the U.S. green card. |
| Living overseas and married. | U.S. citizen, living in the United States. | You'll need to choose between a marriage visa and the new fiancé visa procedure for spouses: Marriage visa option. The U.S. citizen starts the process by filing a Form I-130 visa petition (Petition for Alien Relative) with a USCIS Service Center. Once it's approved, the immigrant submits various forms to a local U.S. consulate and attends an interview, soon after which he or she should be approved for an immigrant visa (green card). Fiancé visa option. The U.S. citizen starts the process by mailing a Form I-129F visa petition (Petition for Alien Fiancé) to a special USCIS office. The citizen must also mail a Form I-130 visa petition (Petition for Alien Relative) to the nearest USCIS Service Center. After an interview and approval by the immigrant's local U.S. consulate, he or she enters the U.S. on a fiancé visa. Then the immigrant can apply for Adjustment of Status (a green card) by mailing an application to a special USCIS lockbox. Months after applying, he or she will be fingerprinted, then later called in for an interview at a local USCIS office, at which the green card should be approved. | The amount of time it takes depends on which option is used. With the marriage visa option, it takes several months to get the I-130 approved, and up to another year for approval of the immigrant visa. With the fiancé visa option, it takes about four months to get the fiancé visa approved and to enter the U.S., and up to another year for green card approval. |
| Living overseas and married. | U.S. citizen, living overseas with the immigrant. | Check with your local consulate -- it may allow the entire immigrant visa application process to be done through its office. | Two months. |
| Living overseas and married. | Lawful permanent resident, living in the United States. | The U.S. permanent resident starts the process by mailing a Form I-130 visa petition (Petition for Alien Relative) to the nearest USCIS Service Center. After the petition is approved, the immigrant is placed on a waiting list. When the wait is over, the immigrant will submit various forms to apply for an immigrant visa at a U.S. consulate overseas, and eventually attend an interview at which an immigrant visa (green card) should be approved. | At least one year for approval of Form I-130; average five years on the waiting list; another year to get the immigrant visa (green card). |
| Living in the United States and married. | U.S. lawful permanent resident, living in the United States. | The U.S. permanent resident starts the process by filing a Form I-130 visa petition (Petition for Alien Relative) with the nearest USCIS Service Center. After the petition is approved, the immigrant is placed on a waiting list. This situation may require an attorney's help, however, because unless the immigrant has a separate, unexpired visa or other status, he or she cannot legally wait in the United States. Even after the wait, he or she may be unable to apply for the green card without leaving the United States -- which would expose the immigrant to penalties preventing return for several years. | At least one year to get the Form I-130 approved; average five years on the waiting list, and the rest depending on various complicated circumstances. |
| Living in the United States after a legal entry (a visa or visa waiver, regardless of whether the expiration has passed), and married. | U.S. citizen, living in the United States. | The U.S. citizen and immigrant prepare a packet of documents, including a Form I-130 visa petition (Petition for Alien Relative) and an "Adjustment of Status" packet, and submit it all at once to an office called the "Chicago lockbox." Months later, the immigrant will be called in to a local USCIS office for fingerprinting, and later for an interview, at which the green card should be approved. See the caution below, however. | One year. |
| Living in the United States after an illegal entry, and married. | U.S. citizen, living in the United States. | The U.S. citizen starts the process by filing a Form I-130 visa petition (Petition for Alien Relative) with the nearest USCIS Service Center. However, you'll probably need to see a lawyer, because the immigrant may be unable to apply for the green card without leaving the United States -- which would expose the immigrant to penalties preventing return for several years. | Up to one year for approval of the Form I-130, and additional time depending on individual circumstances. |
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