Marriage GC: US citizen VS US Permanent Resident

beemer8

Registered Users (C)
Hi,
What is the difference between marrying a US citizen Vs US PR, i mean as far as the time period by which one gets his/her conditional GC and the following Unconditional GC , or any other major difference. Any advantage to one over other, please help ...you guys are great resource..nice to see a whole community helping each other in tis pursuit of the American dream
 
There is a major difference.

As the spouse of a US citizen filing for AOS, there is no waiting period for the approval of an I-130 (petition for alien relative), and it may be filed concurrently with I-485 (application for adjustment of status). Processing times are currently about 6 months for concurrently filed I130 / I485.

On the other hand, as the spouse of a permanent resident, one needs to wait for the approval of the I-130 before filing for AOS, which currently shows a processing timeframe of over 2 years! (January 2005 at the California Service Center)
The one advantage, despite the long wait, is that by the time someone is granted Permanent Resident status through marriage to a PR, he/she would very likely have been married for over two years and therefore would automatically receive a 10 yr. GC, instead of having to apply for removal of condition after 2 years.
 
Last edited by a moderator:
That thought did come to mind when I first read the OP. Let's give the benefit of the doubt by assuming that beemer8's inquiry could be about the same person, a permanent resident with whom he/she is currently in a serious relationship and has the option of becoming a US citizen.
In that case (again assuming that there is an existing relationship), beemer8 would benefit from getting married now while his/her spouse applies for naturalization (if naturalization is an available option for beemer8's spouse to be...)
It seems that it takes less time for a PR to become a US citizen (about a year), than for an immigrant visa based on marriage to a PR to become available.
 
That thought did come to mind when I first read the OP. Let's give the benefit of the doubt by assuming that beemer8's inquiry could be about the same person, a permanent resident with whom he/she is currently in a serious relationship and has the option of becoming a US citizen.
In that case (again assuming that there is an existing relationship), beemer8 would benefit from getting married now while his/her spouse applies for naturalization (if naturalization is an available option for beemer8's spouse to be...)
It seems that it takes less time for a PR to become a US citizen (about a year), than for an immigrant visa based on marriage to a PR to become available.

You are right. Let's give the OP that benefit. Though the norm seems to be that people think they should "pick" the "best" way to get a GC.
 
In that case (again assuming that there is an existing relationship), beemer8 would benefit from getting married now while his/her spouse applies for naturalization

If the spouse is going to become a citizen, there's no advantage to getting married prior to that point.
 
There is one advantage: If the application processes (N-400 and then I-485) drag on -as we all know they can- enough that the applicant has been married for two years by the time he/she gets the I-485 approved, then he/she will automatically receives a 10 year green card, with no need to file an I-751 later and pay another $545, and go to another interview, etc. Reading through the forums, I think a lot of people have found great consolation in that fact, after having suffered unexpected delays in their pending AOS applications.
 
Thanks Guys

Thank you all for clarifying my doubts, I owe you all an explanation as to why I asked that question. I am currently in a serious relationship with a USC and my best friend is dating a PR, this conversation come up and I wanted to find out, that is all...thanks for giving the benefit of the doubt nevertheless.
 
Top