Green Card Through Marriage vs Family-Based Immigration: Which One Is Faster?


Shawn Sedaghat, Esq.
When you’re trying to bring a loved one to the U.S., you’ve probably heard about the two most common paths: green card through marriage and family-based immigration. While both options allow foreign nationals to live permanently in the United States, there are important differences between these processes. Specifically, you might be wondering which one is faster, and what factors influence the timeline.
In this article, we’ll explore the key differences between green card marriage and family-based immigration, taking into account the role of U.S. Citizenship and Immigration Services (USCIS), the types of family connections involved, and the steps required for each process.
Green Card Marriage vs Family-Based Immigration: What Are They?
A green card through marriage is an immigration path where a U.S. citizen or lawful permanent resident (green card holder) sponsors their foreign spouse to live permanently in the United States. On the other hand, family-based immigration allows U.S. citizens or green card holders to sponsor other family members, such as children, parents, or siblings, to come live in the U.S.
Both processes involve filing a petition (I-130, Petition for Alien Relative) with USCIS to prove a legitimate family connection. Once approved, the foreign national can apply for a green card, but the timeline for each process differs based on the type of relationship.
Let’s break down these two options and explore which one might be faster for your situation.
Step 1: Filing Form I-130 for Both Processes
In both marriage-based and family immigration, the process starts with the I-130, Petition for Alien Relative. This form establishes the family connection between the U.S. citizen or green card holder and the foreign national. It is a crucial document that needs to be approved by USCIS before the next steps in the immigration process can occur.
For a green card through marriage, the sponsor must submit evidence that the marriage is genuine, including documents like the marriage certificate, joint bank accounts, and affidavits from friends and family who can attest to the authenticity of the relationship.
In family immigration, the sponsor must also submit the I-130 to establish the family connection. The types of eligible family members depend on the sponsor’s immigration status:
- U.S. citizens can sponsor their spouses, children, parents, and siblings.
- Green card holders can only sponsor their spouses and unmarried children.
In both cases, the sponsor will need to provide proof of their citizenship or green card status, along with evidence of the family relationship.
If you’re unsure about which documents to include with your I-130, consult an experienced immigration lawyer to ensure everything is submitted correctly.
Family-Based Immigration Preference Categories
Family-based immigration is divided into two categories: immediate relatives and family preference categories. This is a key distinction that affects the speed of the process.
- Immediate Relatives: These are the closest family members of U.S. citizens, including spouses, unmarried children under 21, and parents. The good news is that there are no numerical limits on green cards for immediate relatives. This means that once Form I-130 is approved, the foreign national can apply for a green card without waiting for a visa to become available.
- Family Preference Categories: These categories apply to family members of U.S. citizens and green card holders who are not immediate relatives. These include:
- First preference: Unmarried adult children (21 and older) of U.S. citizens.
- Second preference (2A): Spouses and unmarried children of green card holders.
- Second preference (2B): Unmarried adult children (21 and older) of green card holders.
- Third preference: Married children of U.S. citizens.
- Fourth preference: Siblings of U.S. citizens.
Unlike immediate relatives, these family preference categories have annual visa limits, meaning there can be a long wait time before a green card becomes available. The wait time varies based on the applicant’s country of origin and the family preference category.

Green Card Marriage: A Faster Path for Immediate Relatives
One of the reasons why green card marriage is often faster than family immigration is because spouses of U.S. citizens are considered immediate relatives. This means they do not have to wait for a visa to become available once their I-130 petition is approved.
For U.S. citizens married to foreign nationals, the process typically involves filing the I-130 and then concurrently filing the Form I-485, Application to Adjust Status, if the foreign spouse is already in the U.S. This is known as the adjustment of status process. If the foreign spouse is outside the U.S., they will need to go through consular processing to obtain an immigrant visa.
The total time for a green card through marriage, from filing the I-130 to receiving the green card, can take anywhere from 10 months to 18 months, depending on factors like USCIS processing times and whether the foreign spouse is applying from within the U.S. or from abroad.
Family-Based Immigration: A Longer Wait for Preference Categories
For family immigration, the timeline varies significantly depending on the family preference category. Immediate relatives of U.S. citizens (such as spouses, children under 21, and parents) can typically expect a faster process since they do not need to wait for a visa number. However, for those in family preference categories, the wait can be much longer.
For example, if a U.S. citizen petitions for their sibling (fourth preference), the wait time can be more than 10 years, depending on the applicant’s country of origin. Countries like Mexico and the Philippines often have even longer wait times due to high demand.
The waiting times for family preference categories are published monthly in the Visa Bulletin by the U.S. Department of State. The Visa Bulletin shows which priority dates (the date the I-130 was filed) are currently being processed, allowing applicants to estimate when they might be eligible to apply for a green card.
Need help understanding the Visa Bulletin or figuring out your priority date? Consult an experienced immigration attorney to stay updated on your case status.
I-130: The Backbone of Both Processes
As mentioned earlier, this Form is the foundation of both green card marriage and family-based immigration. However, the approval of such a Form does not immediately grant a green card—it’s just the first step. Once approved, immediate relatives can proceed with the next steps, while family preference applicants may have to wait years before a visa number becomes available.
This is why for many people, especially those with close family ties, the green card through marriage can be much faster compared to family-based immigration for other relatives.
Financial Requirements for Sponsors
In both green card marriage and family-based immigration, the U.S. sponsor must prove that they can financially support the foreign national. This is done by filing Form I-864, Affidavit of Support. The sponsor must demonstrate that they have enough income or assets to support the foreign national and prevent them from becoming a public charge.
The financial requirement is the same for both processes. Sponsors must show that their income is at least 125% of the federal poverty guidelines. If the sponsor does not meet the income requirement, they can use a joint sponsor to help meet the financial criteria.
Green Card Holders vs. U.S. Citizens: Which Sponsors Have Faster Processing?
One of the most significant factors that affects the timeline of green card marriage and family-based immigration is the immigration status of the sponsor.
- U.S. citizens generally have faster processing times, especially for immediate relatives like spouses, children under 21, and parents. These immediate relatives do not have to wait for a visa to become available once their I-130 is approved.
- Green card holders face longer wait times, particularly if they are sponsoring a spouse or unmarried children. For green card holders, there are annual limits on the number of visas available for these categories, meaning the wait could be several years.
This difference in processing time is important to keep in mind when choosing between green card marriage and family-based immigration.
Unsure if your sponsor’s immigration status will affect your wait time? Consult an experienced immigration lawyer to understand your specific case.

Conditional Green Cards for Recent Marriages
If your marriage is less than two years old at the time you receive your green card, you will be granted a conditional green card. This is true for both green card marriage and family-based immigration (for spouses). A conditional green card is valid for two years, after which you will need to file Form I-751, Petition to Remove Conditions on Residence, to receive a permanent green card.
The conditional green card serves as a way for USCIS to ensure that the marriage is genuine and not entered into for the sole purpose of obtaining immigration benefits. You will need to submit evidence, such as joint bank accounts, rental agreements, or other proof of shared life, to remove the conditions.
Conclusion: Which Is Faster?
To sum up, green card through marriage is typically faster than family-based immigration, especially if the sponsor is a U.S. citizen. Spouses of U.S. citizens are considered immediate relatives and do not have to wait for a visa number, which can significantly reduce the wait time. On the other hand, family preference categories for siblings, adult children, and married children often involve long wait times, sometimes stretching into decades.
However, the specific timeline for your case depends on various factors, including the sponsor’s immigration status, the applicant’s country of origin, and whether the foreign national is already in the U.S. or applying from abroad.
No matter which path you choose, working with an experienced immigration attorney can help ensure that your paperwork is filed correctly and your case progresses as smoothly as possible.
FAQs
How long does it take to get a green card through marriage?
The process usually takes 10-18 months for spouses of U.S. citizens.What is the Visa Bulletin, and why is it important?
The Visa Bulletin shows which priority dates are being processed for family preference categories, helping applicants estimate when they can apply for a green card.Can a green card holder sponsor their spouse?
Yes, but green card holders face longer wait times compared to U.S. citizens sponsoring their spouse.What happens if my marriage is less than two years old when I get my green card?
You will receive a conditional green card, valid for two years. After that, you will need to file Form I-751 to remove the conditions.What is I-130, and why is it important?
I-130 is used to establish a family relationship between the U.S. sponsor and the foreign national. It’s the first step in both green card marriage and family-based immigration.