Marriage Based Green Card | Best Steps to Take

A marriage can be both a personal commitment and a path to lawful permanent residency. When done correctly, a marriage based green card brings stability, work authorization, and a clear route to citizenship. When done carelessly, the process can trigger delays, denials, or worse. If you live in Greensboro, High Point, or anywhere in North Carolina, a thoughtful plan and precise filings make a measurable difference.

This guide lays out what works, what to avoid, and how our team at Garrett, Walker, Aycoth & Olson helps couples move forward with confidence.

Who qualifies and which path fits your situation

Eligibility comes down to three core points: a valid marriage, the petitioner’s status, and the foreign spouse’s location and entry history. A U.S. citizen can petition a spouse as an immediate relative, which carries priority and no annual quota. A lawful permanent resident can petition a spouse in the family preference category, which can involve a wait tied to visa availability.

Where the foreign spouse is located matters. If the spouse is in the United States, they may qualify for adjustment of status and eventual residency. If the spouse is abroad, the case will move through consular processing via the National Visa Center, an essential step in the process. Lawful entry, overstays, and entries without inspection are important details and should be evaluated before you file.

Overstays are often forgiven for spouses of U.S. citizens who qualify for adjustment of status on a marriage based green card application. Entries without inspection, prior orders, and certain criminal issues can require waivers. Do not guess on waivers. This is an area where precise legal analysis pays off.

Quick comparison of common scenarios in North Carolina

The details below are general and not a prediction for any single case. Timelines vary by workload, background checks, and the facts of your case.

Petitioner and location of spouse	Concurrent filing allowed	Typical steps to interview in NC	Work and travel while pending
U.S. citizen petitioner, spouse in the U.S. with a lawful entry	Yes, I‑130 with I‑485 for a marriage based green card	12 to 20 months, local ASC biometrics then interview at a USCIS field office serving the Triad	Eligible for I‑765 and I‑131 while I‑485 is pending; process moves efficiently
U.S. citizen petitioner, spouse abroad	No	14 to 24 months, USCIS to National Visa Center (NVC) to U.S. consulate – the National Visa Center plays a key role throughout the process	Not available until entry on the immigrant visa, after the National Visa Center completes its review
Green card holder petitioner, spouse in the U.S. with current status	Sometimes, depends on visa availability	18 to 30 months or more, may need to wait for a current priority date; the process can be complex	Eligible for I‑765 and I‑131 only if I‑485 is properly filed accompanying your marriage based green card case
Green card holder petitioner, spouse abroad	No	20 to 36 months or more, then consular interview via the National Visa Center, which coordinates the process efficiently	Not available until entry on the immigrant visa

Applicants in Greensboro and High Point usually attend biometrics at an Application Support Center within driving distance, with final interviews at a USCIS field office in Raleigh or Charlotte, based on scheduling. We track local patterns so you do not miss time-sensitive notices.

Marriage Based Green Card: Best steps to take for a strong case

Building a complete and well documented file is the best way to reduce risk and stress. The outline below reflects what we advise in the Triad and across North Carolina.

Confirm eligibility: review entry history, prior marriages, arrests, removals, and any periods of unlawful presence.
Map the path: adjustment of status if eligible in the U.S. (leading to a permanent marriage based green card), or consular processing if the spouse is abroad through the National Visa Center.
Gather civil status records: marriage certificate, divorce decrees or death certificates for all prior marriages, birth certificates, and name change records.
Prepare the forms: I‑130, I‑130A, I‑485 if adjusting, I‑864 for the sponsor, I‑765 and I‑131 as needed, and the DS‑260 for consular cases.
Complete the medical: Form I‑693 with a USCIS civil surgeon, sealed and current based on USCIS policy.
Assemble bona fide marriage evidence: joint housing, finances, insurance, photos, travel, and affidavits where helpful.
File clean packets: correct fees, signed forms, and a clear exhibit list, then track receipts and notices.
Practice for the interview: review your relationship timeline, address history, employer details, and documents likely to be discussed.

Each case is unique, yet precision in these steps tends to shorten the distance to approval and ensures smooth residency processing.

Evidence that shows a real marriage

USCIS is looking for the life you share, not a stack of random papers. Show patterns that reflect a household, shared risk, and daily connection. Quality trumps volume.

Joint lease or mortgage
Combined bank or credit accounts
Health, auto, or renter’s insurance
Utility bills at the same address
Children’s birth certificates
Photos with family over time

If your living or financial setup is atypical, explain it. A clear letter with dates and reasonable context can reduce questions later. Couples who live apart for work, or who keep separate accounts for budgeting, can still win approval with good documentation.

What to expect at biometrics and the interview in NC

Biometrics are quick. You will receive a notice with a date and location, typically the nearest Application Support Center. Bring the notice and a valid photo ID. Rescheduling is possible but avoid it if you can, since it can slow the case.

Interviews for Triad residents are usually set at the USCIS field office serving our region. Both spouses must attend for marriage cases that involve adjustment of status for a marriage based green card. The officer will review your forms, ask about how you met, your home, employment, travel, and prior history. A typical interview runs 20 to 40 minutes, though some can be shorter or longer.

If you need an interpreter, follow the current USCIS policy for approved interpreters. If new evidence comes in after filing, bring it to the interview in a well labeled packet. Keep answers direct, truthful, and consistent with your documents.

Financial sponsorship and the affidavit of support

The affidavit of support, Form I‑864, is a binding contract. The sponsor promises to maintain the immigrant at 125 percent of the federal poverty guidelines, or 100 percent if on active duty military petitioning a spouse. This is not a casual form. Mistakes here drive many Requests for Evidence.

Household size determines the required income. That number includes the sponsor, the immigrant spouse, any dependent children or other sponsored immigrants, and sometimes others who file taxes jointly. If income is not enough, assets can help, or a joint sponsor can be added.

Use current tax returns, W‑2s, recent pay stubs, and a letter from the employer. If the sponsor is self employed, include a full tax transcript and proof of ongoing business activity. Numbers should line up with tax filings. Inconsistent math triggers delays.

Conditional residence and the two year rule

If your marriage is less than two years old on the day permanent residence is granted, the green card will be conditional for two years. This is normal. You must remove conditions by filing Form I‑751 in the 90 day period before the card expires.

The I‑751 focuses on the ongoing marriage. Save evidence over time, not just in the months before filing. Couples often add updated leases or mortgages, joint taxes, insurance records, and photos that show family events on different dates. A divorce during this period does not automatically end the case, but it does change the filing category and proof required. Plan early if separation is possible.

Marriage Based Green Card Procedure: Step-by-Step Guide

Step 1: Determine Eligibility Confirm that your marriage is legally valid and bona fide. Both spouses must meet all marriage based green card eligibility requirements, including proof of a genuine relationship and legal status of the U.S. citizen or permanent resident spouse.

Step 2: Gather Required Documentation Collect all necessary documents, including your marriage certificate, proof of citizenship or green card status, joint financial records, photographs, and evidence of shared life. These documents are essential for demonstrating a bona fide marriage and supporting your green card application.

Step 3: File Form I-130 (Petition for Alien Relative) The U.S. citizen or lawful permanent resident spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship for a marriage based green card.

Step 4: Receive Notice of Action After submitting Form I-130, you will receive a Notice of Action (Form I-797) from USCIS, confirming receipt of your petition and providing a case number for tracking your marriage based green card application.

Step 5: File Form I-485 or Begin Consular Processing

If the foreign spouse is in the United States, file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust status without leaving the country.
If the foreign spouse is outside the U.S., begin consular processing through the National Visa Center (NVC) and your local U.S. embassy or consulate.

Step 6: Submit Additional Forms and Fees Submit all required supporting forms, such as Form I-864 (Affidavit of Support), Form I-765 (Application for Employment Authorization), and Form I-131 (Application for Advance Parole), along with the appropriate filing fees.

Step 7: Attend Biometrics Appointment USCIS will schedule a biometrics appointment at a local Application Support Center in North Carolina, such as Greensboro or High Point. The applicant will provide fingerprints, photographs, and a signature for background checks.

Step 8: Prepare for the Marriage Based Green Card Interview Both spouses will be required to attend an interview at a local USCIS office. Bring all original documents, updated evidence of your bona fide marriage, and be prepared to answer questions about your relationship.

Step 9: Respond to Requests for Evidence (RFE), if Needed If USCIS requests additional information or documentation, respond promptly and thoroughly to avoid delays or denial of your marriage based green card application.

Step 10: Receive Decision and Green Card Issuance If approved, the foreign spouse will receive their marriage based green card by mail. If the marriage is less than two years old, a conditional green card will be issued, requiring removal of conditions after two years.

Step 11: Maintain Permanent Resident Status Comply with all U.S. immigration laws, renew your green card as needed, and, if eligible, apply for U.S. citizenship after meeting residency requirements.

Avoidable mistakes that slow North Carolina cases

USCIS officers see thousands of marriage files. They notice patterns. Many delays trace back to small but important oversights.

Wrong filing address: use the current lockbox or online instructions for your exact category and location.
Outdated forms: download fresh forms for every filing date. Versions change.
Missing translations: every non English record must include a full translation with a certification statement.
Unclear names: if your legal name changed, include proof, and keep the same spelling everywhere.
Tax tangles: sponsors with unfiled tax years or mismatched income often face RFEs.
Thin relationship records: avoid sending only a few photos and a single bank statement, build a fuller picture.

Local practice tip for the Triad: obtain certified copies of your marriage certificate from the county Register of Deeds, and check that names and dates match your identification documents. Clean civil records lower the risk of a last minute scramble.

What happens after approval

Approval inside the United States is followed by the green card in the mail. If the card is conditional, mark your calendar for the I‑751 window. If the card is not conditional, you can consider naturalization after five years, or after three years if living in marital union with a U.S. citizen and meeting all requirements.

Travel is usually fine after approval, though new permanent residents should be cautious with long trips. If you plan to be outside the country for extended periods, talk with an attorney about reentry permits and residency options for future citizenship. Avoid long absences that could disrupt future goals.

When waivers or complex histories are involved

Unlawful entry, prior removal orders, misrepresentation, and certain criminal convictions can trigger inadmissibility grounds. Some grounds can be waived with strong hardship evidence to a qualifying relative. Others cannot. Filing without the right waiver can harm the case and the family.

We often meet couples who filed on their own, received a Notice of Intent to Deny, then realized a waiver was essential. Early screening prevents that turn. If a waiver is needed, build it around credible medical, financial, and emotional hardship that is documented, not just described. In cases involving consular processing, the National Visa Center is crucial in evaluating these factors.

How we help couples in Greensboro, High Point, and across NC

Our family based immigration team at Garrett, Walker, Aycoth & Olson handles filings from start to finish or targeted support for interviews and RFEs. Local familiarity matters. We track scheduling patterns at nearby Application Support Centers and field offices, spot issues common to Triad filings, and prepare clients for the exact room and format they are likely to face.

We also coordinate with county offices for civil records, connect clients with USCIS authorized civil surgeons for I‑693 exams, and set up interview rehearsals that focus on clarity and consistency. Couples often tell us that rehearsing questions around how they met, daily routines, bills, and travel makes the interview feel straightforward rather than stressful. Our expertise in managing the entire process—from National Visa Center procedures to final interviews—ensures a smoother journey toward your marriage based green card.

Documents to gather before you file

Starting strong prevents backtracking. A short checklist helps couples get organized early.

Government IDs for both spouses
Passports, visas, and I‑94 records
Certified marriage certificate
Divorce decrees or death certificates from all prior marriages
Tax returns, W‑2s, and pay stubs for the sponsor
Two passport style photos for each applicant
Proof of lawful entry, if adjusting in the U.S.

Bring questions early, not after a notice arrives. Fees change, form editions change, and the way USCIS screens cases shifts over time. A quick review at the start can save months later.

Marriage Based Green Card FAQ

What is a marriage based green card? A marriage based green card allows a foreign national who is married to a U.S. citizen or lawful permanent resident to obtain lawful permanent residency in the United States. This process is a pathway to becoming a permanent resident and, eventually, a U.S. citizen.

Who is eligible for a marriage based green card? Eligibility requires a bona fide marriage between a U.S. citizen or green card holder and a foreign national. The marriage must be legally valid and not entered into solely for immigration purposes. Both spouses must provide evidence of a genuine relationship.

How do I apply for a marriage based green card in Greensboro or High Point, NC? To apply in Greensboro or High Point, NC, you must file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) if you are already in the U.S. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.

What documents are required for a marriage based green card application? You will need proof of your marriage (marriage certificate), evidence of your spouse’s U.S. citizenship or permanent residency, proof of a bona fide relationship (joint bank accounts, lease agreements, photos), and supporting identification documents.

How long does the marriage based green card process take in North Carolina? Processing times vary, but in North Carolina, it typically takes 10-18 months from the initial application to receiving your green card. Delays can occur if additional evidence is requested or if interviews are required.

Can I work while my marriage based green card application is pending? Yes, you can apply for a work permit (Employment Authorization Document) while your application is pending. Once approved, you may legally work in the United States.

What happens if my marriage ends before I receive my green card? If your marriage ends before you receive your green card, your application may be denied unless you qualify for certain exceptions, such as proving the marriage was entered in good faith or qualifying under the Violence Against Women Act (VAWA).

Is an interview required for a marriage based green card? Yes, most applicants must attend an interview at a local USCIS office, such as in Greensboro or High Point, NC. The interview is designed to verify the authenticity of your marriage and review your documentation.

Can I travel outside the U.S. while my marriage based green card application is pending? You must apply for advance parole before traveling outside the U.S. while your application is pending. Leaving without advance parole can result in your application being considered abandoned.

Why should I hire a marriage based green card attorney in Greensboro or High Point, NC? An experienced immigration attorney in Greensboro or High Point, NC, can help you navigate the complex process, avoid common mistakes, and maximize your chances of approval. Our team at Garrett, Walker, Aycoth & Olson is dedicated to guiding you every step of the way.

What are the most common reasons for denial of a marriage based green card? Common reasons include insufficient evidence of a bona fide marriage, incomplete applications, prior immigration violations, or criminal history. Consulting with an experienced attorney can help you avoid these pitfalls.

How can I prove my marriage is genuine for a green card application? Provide joint financial records, shared leases or mortgages, photographs together, affidavits from friends and family, and evidence of joint travel or children. The more documentation you provide, the stronger your case.

Are same-sex couples eligible for a marriage based green card? Yes, same-sex couples are eligible for marriage based green cards as long as the marriage is legally recognized in the place where it occurred.

Where can I get help with my marriage based green card in North Carolina? Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law, for expert guidance on your marriage based green card application in Greensboro, High Point, or anywhere in North Carolina.

Ready to move forward

If you live in Greensboro, High Point, or anywhere in North Carolina, our immigration attorneys are ready to help you build a complete, well supported marriage case for your marriage based green card. We prioritize accuracy, clear timelines, and steady communication so you know what comes next and why it matters.

A careful plan today sets up work authorization, travel permission, and a smooth path to a permanent residency. Reach out to schedule a consultation with Garrett, Walker, Aycoth & Olson, Attorneys at Law, and put a solid strategy in place.