re: Immigration law question

There is no legal status immediately after marriage. Marriage in and of itself does not provide any immigration benefit automatically.

It is a long process.

1. First USC (US citizen) applies for a conditional green card for their spouse. The process varies depending on if the spouse was already there in USA on some status or if they are outside USA. If they were already in USA with a valid visa and status, then the process is called a "change of status". If the spouse is outside USA, it is called consular processing. Currently, this step is taking 12-18 months depending on the case load of the local office which has jurisdiction over the case. This step includes the USC having to "sponsor" the spouse and that means the USC needs to meet minimum income requirements. The conditional green card is valid for two years.

2. At the two year mark, the USC again files another form to get the spouse a permanent (10 years) green card. This is called "Removal of Condition" (RoC). This process is now taking anywhere between 2-4 years. Due to this delay, USCIS is temporarily giving a 4 year automatic extension of the conditional green card when they receive an RoC application.

3. The spouse is eligible to apply for citizenship at 3 year mark from the date of receiving the original green card. Many people are applying for that even before the RoC is approved as RoC is taking more time than citizenship.