Marriage-Based Green Card Timeline in San Jose and San Francisco
- Baking AI
- Dec 28, 2025
- 4 min read
Indian couples living in San Jose and San Francisco often ask one key question before filing a marriage-based green card case: how long will it take? The answer depends on the type of marriage, current visa status, filing strategy, and local USCIS processing trends in the Bay Area.
This guide explains realistic timelines for marriage-based green cards, common delays Indian applicants face, and how couples in the Bay Area can avoid costly mistakes.
Indian couples living in San Jose and San Francisco often ask one key question before filing a marriage-based green card case: how long will it take? The answer depends on the type of marriage, current visa status, filing strategy, and local USCIS processing trends in the Bay Area.
This guide explains realistic timelines for marriage-based green cards, common delays Indian applicants face, and how couples in the Bay Area can avoid costly mistakes.
What Is a Marriage-Based Green Card
A marriage-based green card allows a foreign national married to a U.S. citizen or lawful permanent resident to live and work permanently in the United States.
For Indian nationals in the Bay Area, this is one of the fastest family-based immigration options when filed correctly.
Who This Guide Is For
This guide applies to Indian couples where:
One spouse is a U.S. citizen or green card holder.
The foreign spouse is in the U.S. on H-1B, F-1, L-1, or visitor status
The couple lives in San Jose, San Francisco, or nearby Bay Area cities.
The foreign spouse may also be outside the U.S. and applying through consular processing.
Marriage-Based Green Card Timeline Overview
If Married to a U.S. Citizen
This category is considered an immediate relative and is not subject to annual visa limits.
Typical timeline for Bay Area applicants:
12 to 18 months total
Some cases resolve sooner.
Delays are common when documents or prior visa history are unclear.
If Married to a Green Card Holder
This falls under the family preference category.
Typical timeline:
Several years in many cases
The timeline depends on the visa bulletin and the priority date.
Indian applicants often wait longer due to demand.
Step-by-Step Timeline for San Jose and San Francisco
Step 1: Filing the Petition
The U.S. citizen or green card holder files Form I-130. If the foreign spouse is in the U.S. and eligible, an adjustment of status may be filed together.
Estimated time:
The filing stage is immediate once the documents are ready.
Key risk for Indian couples:
Marriage and birth records from India must meet USCIS standards.
Errors at this stage cause long delays later.
Step 2: Biometrics and Background Checks
USCIS schedules biometrics appointments at local application support centers serving the Bay Area.
Estimated time:
1 to 3 months after filing
Step 3: Work Permit and Travel Authorization
If an adjustment of status is filed, applicants may receive work authorization and advance parole.
Estimated time:
4 to 7 months on average
Delays are common during high-volume periods.
Step 4: Marriage Interview
Most Bay Area applicants attend an in-person interview at a local USCIS field office.
USCIS focuses on:
Marriage authenticity
Prior immigration history
Status compliance
Financial sponsorship
Estimated time:
8 to 14 months after filing
Step 5: Final Decision
If approved, the green card is issued. Couples married less than two years receive conditional residence and must later file to remove conditions.
Common Delays for Indian Couples
Indian applicants in San Jose and San Francisco often experience delays due to:
Prior visa overstays or status gaps
H-1B to marriage-based transitions
Previous marriage or divorce documentation from India
Inconsistent name spellings across documents
Public charge or financial sponsorship concerns
Many delays are preventable with a proper filing strategy.
Adjustment of Status vs Consular Processing
Adjustment of Status
Used when the foreign spouse is already in the U.S.
Pros:
Stay in the U.S. during processing.
Apply for work authorization.
Risks:
Travel restrictions without advance parole
Status issues if filed incorrectly
Consular Processing
Used when the foreign spouse is outside the U.S.
Pros:
Often faster for clean cases
No status risk in the U.S.
Risks:
Interview scrutiny at U.S. consulates
Delays due to administrative processing
Choosing the wrong path can add months or years to the timeline.
Why Legal Review Matters
Marriage-based green cards appear straightforward, but are closely scrutinized.
Legal guidance helps:
Choose the safest filing strategy.
Prepare accurate documentation
Avoid requests for evidence.
Prepare for interviews
Protect lawful status during processing.
How T.P.L. Global Helps Indian Couples
T.P.L. Global represents Indian couples across San Jose, San Francisco, and the entire Bay Area in marriage-based green card cases.
Our services include:
Spouse green card filings
Adjustment of status
Consular processing
Interview preparation
Removal of conditions filings
Most cases are handled remotely, allowing flexibility for working professionals and families.
Frequently Asked Questions
How long does a marriage-based green card take in San Jose?
Most cases take around one year, but timelines vary based on case complexity and USCIS workload.
Can I work while my green card is pending
Work authorization may be available if an adjustment of status is filed.
Do both spouses attend the interview?
In most cases, yes. USCIS expects both spouses to appear together.
Is conditional residence a problem
No. It is standard for marriages under two years and can be removed later with proper filing.
Speak With a Marriage-Based Green Card Lawyer in the Bay Area
Marriage-based green card decisions affect your legal status, career, and family stability. Filing correctly matters.
If you are an Indian couple in San Jose or San Francisco planning a marriage-based green card, schedule a consultation with T.P.L. Global to review your timeline and next steps.
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