How to Get a Green Card Through Marriage in North Carolina

If the petitioning spouse is a U.S. citizen and the beneficiary is already in the U.S., the concurrent filing of I-130 and I-485 typically takes 12-24 months from filing to green card approval at the Charlotte USCIS field office. If the beneficiary is abroad, consular processing through the National Visa Center takes approximately 14-26 months. Processing times vary based on USCIS workload, security checks, and whether USCIS issues a Request for Evidence (RFE).

Yes. When you file Form I-485 (Adjustment of Status), you can simultaneously file Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole travel document). The EAD/AP combo card typically arrives within 3-7 months and allows you to work and travel while your green card is pending. Do NOT travel outside the U.S. without Advance Parole or you may abandon your pending application.

If you were married for less than 2 years at the time your green card is approved, you receive a conditional green card valid for 2 years. You must file Form I-751 (Petition to Remove Conditions) jointly with your spouse during the 90-day window before the conditional card expires. If you are divorced, separated, or your spouse is abusive, you may file I-751 with a waiver. Failure to file I-751 results in automatic termination of your resident status.

Key documents include: marriage certificate, birth certificates for both spouses, petitioner proof of U.S. citizenship or LPR status, passport photos, Form I-864 Affidavit of Support with tax returns and W-2s, evidence of bona fide marriage (joint bank accounts, lease, insurance, photos together, affidavits from friends/family), and medical examination (Form I-693). If either spouse was previously married, divorce decrees or death certificates are required.

At the Charlotte USCIS field office (6130 Tyvola Centre Drive), a USCIS officer will interview you and your spouse together (or sometimes separately). They will ask about your relationship: how you met, when you started dating, your wedding, your daily life together, and future plans. They will review your documents and may ask for additional evidence. Our attorneys prepare clients extensively for the interview, including practice questions and document organization. We attend the interview with you.

It depends. If you are married to a U.S. citizen and entered the U.S. with a valid visa (even if you overstayed), you can generally file I-485 to adjust status. If you entered without inspection (crossed the border without authorization), you typically cannot adjust status in the U.S. and must go through consular processing abroad. However, the I-601A provisional unlawful presence waiver may help avoid the 3-year or 10-year bar. Each case is unique — a consultation with an immigration attorney is essential.

USCIS filing fees for the standard marriage green card process include: I-130 ($535), I-485 ($1,440 which includes biometrics), I-765 (included with I-485), and I-131 (included with I-485). The I-864 Affidavit of Support has no filing fee. Medical examination (I-693) costs approximately $200-$400 from a USCIS-designated civil surgeon. Attorney fees at Vasquez Law Firm are competitive and transparent — we provide a full cost breakdown at your free evaluation.

Marriage fraud is a federal crime (INA Section 275(c)) punishable by up to 5 years in prison and a $250,000 fine, plus permanent inadmissibility. USCIS officers are trained to detect fraudulent marriages. If they suspect fraud, they may conduct a Stokes interview (interviewing each spouse separately and comparing answers), conduct home visits, or refer the case to USCIS Fraud Detection and National Security. Having an experienced attorney who has prepared thorough documentation of your genuine relationship is the best defense against fraud suspicions.