Marrying a U.S. citizen can mark a major turning point in a person’s life, but the journey for a foreign spouse to officially enter the United States for permanent residence has never been something that happens overnight.
For a typical marriage-based sponsorship case where the spouse is living outside the United States, the total average processing time from submitting the initial documents to receiving an immigrant visa ranges from 14 to 24 months. This journey consists of several distinct legal stages, requiring considerable patience and careful preparation from both spouses.
Stage 1
The first stage, and also the longest part of the entire process, is filing the Petition for Alien Relative (Form I-130) with U.S. Citizenship and Immigration Services (USCIS). Once the couple has a legally valid marriage certificate, the U.S. citizen petitioner can submit this application. The primary purpose of Form I-130 is to establish the legal marital relationship and demonstrate to the U.S. government that the marriage is genuine and based on a real relationship rather than an attempt to circumvent U.S. immigration laws.
I-130 petitions processed through USCIS Service Centers currently often take between 10 and 15 months. Throughout this lengthy period, the couple’s case remains in line for an immigration officer to review. If evidence of a shared life, such as joint bank accounts, photographs, messages, or trips taken together, is considered insufficient, USCIS may issue a Request for Evidence (RFE), which can add several more months to the waiting period.
Stage 2
After passing the first stage and receiving an approval notice from USCIS, the case is transferred to the National Visa Center (NVC) under the U.S. Department of State. This stage involves preparing for the immigrant visa application process in the beneficiary’s country of residence.
At the NVC stage, the couple must pay the required processing fees, submit the Immigrant Visa Application (Form DS-260), and the U.S. sponsor must complete the Affidavit of Support (Form I-864) to demonstrate sufficient financial capacity to support the foreign spouse and ensure that the beneficiary does not become a public charge in the United States.
NVC processing generally takes between 2 and 4 months, depending on how quickly the applicant prepares civil documents such as police clearance certificates, birth certificates, and the U.S. sponsor’s income tax documents. Once the NVC determines that the case is documentarily complete, it forwards the case to the U.S. Consulate or Embassy in the beneficiary’s country so that an interview can be scheduled.
Stage 3
The final and decisive stage is the in-person interview with a consular officer in the beneficiary’s country. In Vietnam, this takes place at the U.S. Consulate General in Ho Chi Minh City. The waiting period for an available interview appointment can range from 2 to 4 months.
Before the interview, the beneficiary must complete a medical examination and required vaccinations at an approved medical facility. During the interview, the consular officer may ask detailed questions about the couple’s personal life and relationship in order to make a final determination as to whether the marriage is genuine.
If the interview goes smoothly and the visa is approved, the passport containing the immigrant visa is generally delivered to the applicant within one to two weeks. The visa is typically valid for up to six months from the date of the medical examination, allowing the foreign spouse time to make travel arrangements and enter the United States.
However, there is one special circumstance that can completely change the timeline described above. This applies when the foreign spouse is already legally present in the United States under another nonimmigrant visa, such as a student visa (F-1) or visitor visa (B-1/B-2). Instead of returning to Vietnam and waiting through the more complex consular processing procedure via the NVC, the couple may choose to file concurrently, including the Form I-130 petition and Application to Register Permanent Residence or Adjust Status (Form I-485), directly with USCIS to apply for a Green Card. This adjustment of status process within the United States can significantly shorten the waiting period for family reunification. It typically takes around 9 to 14 months for the beneficiary to receive an official Green Card, without having to leave the United States while the application is being processed.
One key legal distinction couples should consider when calculating the timeline is the difference between the two marriage-based immigrant visa categories: CR-1 (Conditional Resident) and IR-1 (Immediate Relative). The distinction is not based on how long the visa application takes to process, but rather on how long the couple has been married as of the date the foreign spouse enters the United States.
If the marriage has lasted less than 2 years at the time of entry, the U.S. government will issue a CR-1 visa, and the beneficiary will receive a two-year conditional Green Card. Conversely, if the marriage has lasted at least 2 years before the beneficiary enters the United States, the spouse will be issued an IR-1 visa and receive a 10-year Green Card. Because the current process for applications filed from Vietnam can take close to two years, some couples may file their case shortly after getting married but reach the two-year marriage mark by the time they are scheduled for an interview and travel to the United States. In such cases, they may qualify to receive a 10-year Green Card upon admission.
