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David Vyborny

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What Happens After Filing? A Timeline of the Marriage-Based Green Card Process

So, you’ve spent hours gathering documents, carefully filled out every form, and finally dropped your marriage-based green card application in the mail—or hit “submit” online. Now you might be asking, “What happens next?” It’s a question I hear all the time, and I can totally relate to the anxiety that comes from waiting in the dark.

In this post, I’m walking you through the typical timeline for a marriage-based green card, whether you’re applying from inside the U.S. (Adjustment of Status) or Consular Processing abroad. Keep in mind, actual times can vary based on USCIS backlogs, embassy schedules, and your specific circumstances. But the general steps remain the same.

1. Receipt Notice (Form I-797)

What It Is

Once you submit your application (e.g., I-130 and I-485 if doing Adjustment of Status, or I-130 alone for Consular Processing), USCIS will send you a Receipt Notice, often referred to as Form I-797. This notice is your official confirmation that they’ve received your case.

When It Arrives

Within 2–4 weeks after filing.

Personal Note: When clients tell me, “It’s been three weeks and I haven’t heard anything,” I always say, “Give it just a bit more time.” Delays happen, but if it’s been over a month, you might want to call USCIS and confirm they received your package.

  • Check our Step-by-Step Guide to Filing for a Marriage-Based Green Card to see how to assemble a complete application and avoid delays.

2. Biometrics Appointment

What It Is

For Adjustment of Status applicants in the U.S., USCIS usually requires you to attend a biometrics appointment at a local Application Support Center. They’ll take your fingerprints, photo, and sometimes your signature to run background checks.

  • When: Typically 4–8 weeks after you receive your receipt notice.
  • Duration: The actual appointment usually lasts 15–20 minutes.

Client Example: Just recently I had a client worried about traveling out of state during their biometrics window. We prepared ahead of time so when the biometrics appointment notice arrived we could reschedule the appointment if they were still out of state. Sure enough, it happened and we managed to reschedule the appointment by calling USCIS right away. If you must reschedule, do it early—missing it without notice can set you back.

  • Link: Visit our Common Obstacles & How to Overcome Them for advice on dealing with missed appointments or scheduling conflicts.

3. The Waiting Game (Visa Availability & Processing)

Adjustment of Status Inside the U.S.

  • Immediate Relatives (Spouse of a U.S. Citizen): Good news—there’s no numerical cap, so you generally won’t wait for a visa number.
  • Spouse of an LPR (Green Card Holder): You fall under the F2A preference category. Sometimes the Visa Bulletin retrogresses, which can delay when your “priority date” becomes current.

Consular Processing Abroad

  • National Visa Center (NVC) Phase: Once the I-130 is approved, your case goes to the NVC, which collects another filing fee, Affidavit of Support forms, DS-260 visa application, and civil documents.
  • Embassy/Consulate Scheduling: After the NVC is satisfied, they’ll schedule your interview at the U.S. consulate/embassy in your home country.

Helpful Links:

  • Read our Visa Bulletin & Priority Dates for a deeper look at preference categories, priority dates, and how retrogression affects your case.
  • See our Consular Processing Master Page to learn exactly how the NVC phase works.

4. Request for Evidence (RFE) or Additional Documents

Why It Happens

If USCIS or the consulate wants more information, they’ll issue an RFE (Request for Evidence). This might be due to incomplete documents, inconsistencies, or doubts about your financial eligibility (Affidavit of Support).

How to Respond

  • Read Carefully: The letter will spell out exactly what they need.
  • Organize Evidence: Label each attachment, provide a cover letter, and return it before the deadline.
  • Stay Consistent: Double-check that nothing contradicts your original filing.

Personal Tip: If you’re confused by an RFE, consider reaching out to a professional. I’ve seen some couples accidentally make things worse by sending random paperwork that doesn’t address the officer’s concerns.

  • Link: Check our Document Checklist & Best Practices for tips on how to keep your paperwork organized.

5. Interview Scheduling

Adjustment of Status (USCIS Field Office)

  • Interview Notice: You’ll get a letter telling you the date, time, and location (usually at the field office closest to you).
  • When It Happens: Often 8–14 months after filing, though it can vary widely based on many factors (Presidential administrations, changes in leadership at DHS, USCIS, shifts in priorities, changes in local field office staffing).

Consular Processing (Embassy/Consulate)

  • NVC Completes Your Case: After collecting fees, forms, and civil documents, the NVC deems you “documentarily qualified.”
  • Interview Date Assigned: The embassy schedules you based on their availability and visa category.
  • Travel Preparations: You’ll receive instructions on the medical exam and any final documents to bring.

Client Example: One couple recently got their interview notice within 10 months, faster than they expected. Another waited almost 18 months. There’s no magic formula—it’s all about USCIS/embassy workload.

  • Link: See our Preparing for the Interview to learn how to ace your green card interview.

6. The Interview

Inside the U.S. (USCIS)

  • The officer reviews your application and asks questions about your relationship, background, finances, and any red flags.
  • You might be approved on the spot, or they could issue a Request for Evidence or a Notice of Intent to Deny if something seems off.

Abroad (Consular Officer)

  • Similar questions, with a focus on proving a bona fide marriage, but in this interview only the visa applicant can appear and be questioned – the U.S. spouse cannot appear at the interview.
  • If you pass, the officer typically gives you a visa packet (or instructions) to enter the U.S. as a permanent resident.

Personal Note: Don’t panic if you don’t get an approval immediately. Sometimes the officer needs to run extra checks. In my experience, staying calm and answering truthfully is the best approach.

  • Link: For more tips, check our Proving a Bona Fide Marriage.

7. Final Decision & Green Card Issuance

Approval

  • Conditional vs. Permanent Green Card: If you’ve been married under 2 years at approval, you’ll get a conditional 2-year green card. Otherwise, you get a 10-year one.
  • See our Conditional Green Cards & Removal of Conditions for what happens at the 2-year mark.
  • Mailing & Arrival: If you’re adjusting status, USCIS typically mails the physical green card to your U.S. address. After your marriage-based green card interview, it generally takes two to four weeks to receive a decision, though this timeline can vary. In some cases, USCIS may approve your application on the spot, while in others, additional review is needed, which can lead to delays. If your case is straightforward and all documents are in order, you may receive your green card within a few weeks.For consular cases, your passport with the immigrant visa will be available for you to pick up or will be couriered to you, usually within 1-2 weeks. Then, you enter the U.S. and receive the green card in the mail within 2-4 weeks.

Requests for Additional Time

  • If the officer wants more evidence or has concerns, you might receive a “Case Held for Review” or a “221(g)” (in consular settings). Provide whatever is asked—quickly and clearly.

8. Post-Approval Steps

  1. Check Your Green Card Data: Make sure your name, DOB, and “Resident Since” date are correct.
  2. Update Your SSN: If you didn’t have a Social Security Number or need to update your work status, now’s the time.
  3. Conditional Residents: Don’t forget, you’ll need to remove conditions (Form I-751) 90 days before the 2-year card expires.
  4. Plan for Naturalization: If you’re aiming for U.S. citizenship, the clock starts the day you get your green card.

Personal Tip: I’ve encountered people who filed I-90 Green Card Renewal applications at the end of their conditional green card period instead of the I-751 removal of conditions. In some cases, they waited for over a year only to get a letter telling them they filed the wrong application. Don’t let that be you.

  • Link: Explore our Removal of Conditions if you’re curious about I-751 or the 2-year green card rules.

9. Common Factors That Can Affect Your Timeline

10. Final Thoughts: Patience & Preparedness

Remember, no two cases are exactly alike. Some couples breeze through in less than a year; others might stretch closer to two years. But by understanding this basic timeline, you’ll feel more confident and prepared at each stage.

Key Takeaways:

  1. Receipt Notice, Biometrics, and Possible RFEs come first.
  2. Interviews are a major milestone—whether at USCIS or a consulate.
  3. Approval can yield a 2-year conditional or 10-year green card.
  4. Plan Ahead for future steps like removing conditions or naturalizing.

Still unsure about any part of this timeline—or facing unexpected hurdles? Contact Occam Immigration. I’m here to simplify the details, keep you updated on your case’s progress, and help you handle surprises with confidence.

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A Personal Message from David Vyborny, Founder of Occam Immigration

Don’t Let the Latest Immigration Headlines Derail Your Case​

I’m David Vyborny, the founder and owner of Occam Immigration. 

I want to speak to you directly about a topic that has many of our clients feeling worried: the recent wave of headlines about immigration enforcement and deportations. If you have a case pending with us, you’re probably wondering how these stories might affect you, especially when you see ICE raids and talk of stricter policies back in the news again.

First things first: I completely understand how stressful this can be. Watching the news or scrolling through social media can make it feel like you’re at risk of deportation any minute. However, I want to reassure you that while each administration might set different tones or priorities, the underlying application process and your path to securing legal status haven’t suddenly changed. And yes, deportations have been happening all along, even if it wasn’t always in the spotlight.

Let me share some numbers with you to show just how much deportation activity has varied from one administration to the next—and why you should keep moving forward with your immigration case.

The Reality of Deportations Across Administrations

  • Under President Biden’s administration, deportations have actually been higher than many people might realize. In fiscal year 2024, ICE deported 271,484 noncitizens, the highest level of deportations since 2014. This number even surpassed the peak of 267,260 deportations recorded during President Trump’s time in fiscal year 2019.

  • Here’s a quick look at the annual deportations under the Biden administration:

    • Fiscal Year 2021: Approximately 59,000

    • Fiscal Year 2022: Approximately 72,000

    • Fiscal Year 2023: Approximately 143,000

    • Fiscal Year 2024: 271,484

  • Title 42 Expulsions: These figures don’t include the expulsions that happened under the pandemic-era policy known as Title 42. If we factor those in, the Biden administration carried out around 4.7 million deportations and expulsions over four years—more than twice as many as were expelled under Trump.

What do these statistics mean? They illustrate that deportations have been happening consistently, regardless of who’s in the White House. They also show that the current media focus on tougher enforcement isn’t entirely new. In other words, even if you feel like there’s a sudden crackdown, the numbers remind us that immigration enforcement has been an ongoing reality—and your best move is to keep your case on track, rather than panic.

Why You Shouldn’t Panic

1. Your Case Is Still Being Processed

Despite the dramatic headlines, USCIS (U.S. Citizenship and Immigration Services) hasn’t stopped accepting or reviewing applications. If you have a petition pending, it’s still moving through the system just as before. And if you haven’t yet filed, now is not the time to delay. Getting your application in the queue sooner rather than later is generally in your best interest.

2. ICE Raids and Enforcement Actions Aren’t New

ICE’s mandate is to enforce immigration laws—a role it has played under many presidents. The media may focus more on these actions at certain times, but as the numbers above show, deportations have continued under both Republican and Democratic administrations. The biggest difference is often media coverage, which can make it seem like there’s been a sudden, drastic shift.

3. Don’t Let Sensational Stories Distract You

It’s easy to get caught up in sensational headlines or stories circulating on social media. Before you let fear take over, reach out to my team or me. We’ll give you accurate, up-to-date information about your specific case. Misinformation can be harmful—especially if it leads you to make decisions (like stopping your application) that could jeopardize your immigration future.

Staying Calm and Focused Is Key

Follow Our Instructions to Keep Your Case Moving  

You already know that each step of the immigration process has its own set of requirements—from filling out forms correctly to showing up for biometrics appointments. When fear sets in, it can be tempting to ignore mail from USCIS or postpone paperwork because you’re unsure what’s safe. But missing deadlines or failing to respond to Requests for Evidence can delay your case or lead to a denial. Trust me: staying on top of these tasks is crucial.

Timely Action Protects You  

Staying current with your application, promptly handling paperwork, and attending all appointments not only keeps your file active but also often places you in a safer position if enforcement priorities change. The earlier you secure your legal status, the more solid your footing becomes.

My Commitment to You

I founded Occam Immigration with a straightforward mission: to guide people through the U.S. immigration process as simply and securely as possible. We do this by:

  • Staying Informed

  • Providing Personalized Advice

  • Communicating Clearly

  • Offering Peace of Mind

My Personal Advice and Assurance

I recognize how unsettling it can be to see these reports about hundreds of thousands of deportations. But it’s important to understand the big picture: enforcement has been robust under multiple administrations, and that hasn’t stopped people from successfully getting their green cards, work permits, or other immigration benefits. With the right preparation and a knowledgeable legal team behind you, there’s no need to abandon your goals.

A Few Tips:  

  • Get Trusted Information: If you see alarming headlines, call us. We’d rather you get clarity from someone who understands your case than act on fear or rumors.

  • Stay Organized: Keep documents, receipts, and notices together. Quick access to your paperwork makes it easier for us to address any questions or requests from USCIS.

  • Maintain Your Appointments: Whether it’s an interview or a biometrics appointment, missing it can create unnecessary delays.

We’re Here to Help—Contact Us Today

If you’re feeling overwhelmed or unsure about your pending application, please reach out. My team and I at Occam Immigration are committed to providing reassurance, answers, and the legal guidance you need to keep your case on track—no matter what the headlines say.

Thank you for placing your trust in me and my team. Remember, we’re in this together. Even in an ever-changing immigration climate, we’ll work diligently to help you secure the future you deserve.

Disclaimer: This article is for informational purposes only and does not replace personalized legal advice. Every situation is unique. If you need specific guidance, please consult directly with an attorney.

 

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Judge Blocks USCIS from Raising Application Fees on October 2nd – For Now.

In the last several months, USCIS has threatened furloughs because applications were down. The agency depends on applicants’ filing fees for most of its operating money. At the end of July, USCIS announced fee increases to take place effective October 2nd, 2020, which would address budget shortfalls claimed by the agency.

On Tuesday evening a Federal Judge in California granted an injunction stopping USCIS from applying the new fees on October 2nd. The court’s order applies to all of the fee increases and covers applicants in all states.

Does this mean I have more time to file my application at the current rates?

The short answer is – Yes. Current fees will remain in place… for now. As long as the injunction is in place, the fees stay the same. There is also a hearing on the underlying lawsuit challenging the fee increase in December.

However, government attorneys will be filing appeals to get the injunction lifted. If the injunction is lifted, the new fee schedule may go into effect.

We are still encouraging our clients to complete their applications and file ASAP.

Why was the fee increase blocked?

In short, the Judge found that the heads of USCIS and Department of Homeland Security were unlawfully appointed, and therefore unable to make these rules. Additionally, the process of making the rules did not follow the requirements set out by the Administrative Procedures Act, which includes “disclos[ing] adequate information about the thinking and data on which” they are basing the rules. While the government argued the fee increases were needed to keep the agency afloat, according to the court, much of the USCIS budget was left unexplained.

The Court also focused on some key aspects relating to the new asylum rules. USCIS’s rule would require asylum seekers to pay $50 for their asylum application. This is a major shift that would make the United States one of only a handful of countries charging for asylum. The Judge felt that USCIS failed to sufficiently justify the policy shift, and relied on factors that Congress never intended for them to consider.

When will the fees go up?

USCIS would be able to use the new fees if the injunction is lifted, which may happen by order of another judge. There is no telling if or when that may happen, but we do know there will be a hearing on the case in December. If the government wins at the hearing, the new fees may go up soon after that.

We will continue to monitor the case and provide updates as they may become available.

In the meantime, we encourage applicants to file applications with USCIS as soon as possible.

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I-693 Deficiency Notice

An I-693 Deficiency Notice is very common – most of our clients who are applying for adjustment of status to permanent resident (green card) receive this letter.

This notice informs the applicant that a medical exam has not been received by USCIS, and that one must be presented at the interview.

A medical exam may be submitted at the time of filing the I-485 Adjustment of Status application, or at the interview.

9.5 times out of 10, we advise our clients to wait until the interview notice is received to complete the medical exam so that they may bring it to the interview.

Why didn’t we do the exam at the time of filing?

Once you complete the medical exam, it must reach a USCIS officer within 60 days. Also, the medical exam is valid for two years once it is signed by the doctor.

In our experience, we have seen USCIS lose documents that are submitted with the application package. The medical exam is delivered in a sealed envelope.

At one time, we submitted a client’s medical exam with the initial application. USCIS sent a Deficiency Notice, informing us that a medical exam was not received. Our client was forced to obtain another medical exam before the interview, and had to pay an additional $500 for it (the doctor must certify that a blood test was performed at the time of signing, and during flu season the doctor is required to administered a flu shot).

Our client arrived at the USCIS interview with the new medical exam, only to learn that the original exam was in the file.

Although this is a clear USCIS error, the client was not able to recover the cost of the second exam.

For this reason, we advise our clients to avoid this situation by bringing the sealed medical exam to the interview. That way we can ensure the envelope is handed directly to a USCIS officer.

Should I do the medical exam now, and mail it in?

No!

When an application is submitted to USCIS, it first arrives at a “Lockbox,” which is a facility that does the initial processing to determine if the forms are signed and processes payment. The file then moves to a service center that determines whether all of the initial evidence is included. The service center dispatches the I-693 Deficiency Notice.

At some point, the file is then transferred to the local USCIS Field Office where the final review and interview will take place.

There is a high risk that evidence mailed in at this time, including the medical exam, will be lost or never make it to the file. It’s not worth the risk.

So when should I do the medical exam?

The medical exam must reach a USCIS officer within 60 days of being signed by the doctor. Therefore, we advise you to wait until the interview notice is received.

Usually the interview takes place between 3 and 5 weeks after the notice is sent.

Usually, a USCIS-certified civil surgeon (doctor) will be able to schedule an appointment within just a couple of days. After the appointment, it usually takes about 1 week to get the results from the blood tests, and to certify the form, giving you enough time to pick it up and bring it with you to the interview.

Wait until the interview notice arrives, and then we’ll guide you through the medical exam process.

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Tax Return Requirements

Individual Tax Return Form on table. Tax time concept. Top view Mock up

Who is this information for:

  • Petitioners/Sponsors of foreign nationals, including spouses, parents, children, and siblings
  • Co-Sponsors
  • Joint Sponsors

If we have asked you to obtain and submit tax documents for your immigration case or a case on which you are a co-sponsor or joint sponsor, we ask that you do NOT send us copies of tax returns you have previously filed.

Instead, we strongly urge you to obtain a Tax Return Transcript from the IRS. This document is preferred by USCIS because it condenses the information, and is evidence that the return was actually filed with the IRS.

Obtaining a Tax Return Transcript is easy. It can be done online, or by telephone. Here is how:

IRS.gov

Navigate to https://www.irs.gov/individuals/get-transcript

You can request the correct transcript online by following the link. If you do not have an IRS.gov account, you can register on the page.

If you prefer not to register, you can request the document over the phone by calling 800-908-9946. Expect delivery to take between 5 and 10 business days when ordering over the phone.

Transcript Type:

There are many types of transcripts you may request. Please make sure you you select TAX RETURN TRANSCRIPTS

If, for any reason, you are unable to obtain a Tax Return Transcript from IRS.gov, and instead you intend to submit copies of your tax returns, you must provide returns that are SIGNED.

Copies of unsigned tax returns are not accepted by USCIS, as there is no indication that the return was filed with the IRS.

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Passport Photo Requirements

Many USCIS and visa applications require passport-style photos. To save you time and money, we can prepare and print those photos in our office, and attach them to your application. We just need you to provide us with a digital photo that we can format to meet USCIS requirements.

Here is what you’ll need:

  • Digital Camera with Flash – your smartphone or tablet is sufficient
  • Friend or Tripod – DO NOT TAKE A SELFIE! Find someone to help you or a good place to prop up your phone
  • Plain, white or off-white wall – nothing should appear in the background
  • Good lighting – the lighting should be uniform, no heavy shadows on the face or background

In order for us to be able to correctly format the photo, we require that the photo be taken with extra space around the person in the frame. Please have photo taken with the following guidelines:

  • Make sure there is good lighting
  • The person should be standing straight up
  • The camera should be in-line with the person’s face so the photo is not taken from below or above
  • The face must be clearly visible
    • no hair in the face or other facial coverings
    • clear lens glasses should be free of glare or reflections
    • glasses should not obscure or hide the eyes
    • no hats or head coverings, except those worn for religious purposes (the full face oval must be clearly visible)
  • A neutral expression on the face – no smiling, squinting, etc.
  • The bottom part of the photo should be from the person’s midsection
  • The top part of the photo should be at least 1 foot over the person’s head

Bad Photo

  • Not enough room for us to format and crop correctly
  • Hair covering face
  • Too dark
  • Smiling

Good Photo

  • Face is clearly visible
  • Neutral expression
  • Enough room around the person for us to format and crop correctly

If you follow these guidelines, we will be able to prepare the correct Passport-Style photos for your application.