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Adjustment of Status

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⚠️ The Real Cost of Hiring a “Notario” for Your Marriage-Based Green Card in Charleston

Estimated reading time: 5 minutes

In Charleston—and across the U.S.—too many immigrants are falling into a costly trap: trusting their future to a “notario” or document preparer instead of a qualified immigration attorney.

Just yesterday I got a call from a man who learned this lesson the hard way.

A Costly Mistake: What Happened to His Case

He came to us after his marriage-based green card application was denied.

Why? His I-864 Affidavit of Support — an essential form used to prove that a U.S. citizen spouse can financially support their immigrant spouse — was completed incorrectly. Twice.

The first error triggered a Request for Evidence (RFE) from USCIS. The second error, submitted in response to that RFE, sealed the denial of his I-485 green card application.

Both forms were prepared by a “notario” who was not licensed to practice law and had no formal training in immigration law.

Now, this man has to file a motion to reopen his case, pay an additional $800 just to be heard, and hire an attorney to do the job right — something he could have done from the beginning for less than the cost of fixing this mess.

Did you know?

An incorrect I-864 Affidavit of Support is the most common reason for a Request for Evidence on the I-485 Adjustment of Status.

What’s the Difference Between a Notario and a Real Immigration Lawyer?

In many Latin American countries, a “notario” is a highly trained legal professional. But in the United States, the term has no legal standing. In fact, using the title “notario” to offer legal advice is illegal and considered the unauthorized practice of law.

Notarios and document preparers are not allowed to:

  • Give legal advice
  • Analyze your eligibility
  • Choose the right forms
  • Guide you through complex issues
  • Represent you before USCIS

At best, they can type. At worst, they can destroy your case.

Immigration Is More Than Just Paperwork

Your immigration application is more than just filling out forms. It requires legal strategy, knowledge of current policies, and the ability to prevent (or respond to) issues like RFEs, denials, or interviews.

An immigration attorney understands how to:

  • Avoid red flags in your application
  • Ensure your financial documents meet the legal requirements
  • Navigate complications like prior visas, unlawful presence, or public charge concerns
  • Protect your timeline in a shifting immigration climate

More importantly, a licensed immigration attorney is legally required to act in your best interest.
We’re responsible for the quality of the application — and if something goes wrong, we’re accountable to you and to the law.

A notario or document preparer? They have no license. No accountability. No obligation to do what’s best for you. If they mess up your case, you’re the one who pays the price — and you have no legal recourse.

The Truth About Cost: You Pay More When You Try to Save

We know legal fees feel expensive—but they’re small compared to the cost of a denial. Filing fees, lost time, repeat medical exams, delays in work permits, and even being placed in removal proceedings can all result from preventable errors.

What’s more: we offer structured payment plans, fast-track filing options, and transparent pricing, because we believe families shouldn’t be separated just because they didn’t know where to turn.

Frequently Asked Questions

What should I do if a notario or document preparer messed up my case?

If a notario or document preparer did your application and it was denied, you may still have options — but you need to act fast. An immigration attorney can help you file a Motion to Reopen or a new application, depending on your case. Bring all documents and USCIS notices with you to your consultation so we can evaluate the best path forward.

Can I fix an I-864 or other mistake after it’s been filed?

Yes, but it depends on where your case is in the process. If you received a Request for Evidence (RFE), you may still have time to correct the mistake. If your case was denied, you may need to file a Motion to Reopen or reapply. Either way, it’s critical to get professional legal help right away to avoid more delays or permanent harm to your case.

Is it illegal for a notario to help with immigration forms?

It is illegal for a notario or document preparer to give legal advice or help choose what forms to file unless they are a licensed attorney or DOJ-accredited representative. Even if they say they’re “just helping with paperwork,” that’s still unauthorized practice of law if they guide you on legal decisions — and it often leads to serious mistakes.

Why is it better to hire an immigration attorney?

Immigration attorneys are licensed, trained in the law, and ethically required to act in your best interest. We know how to avoid mistakes that lead to RFEs, denials, and delays. Most importantly, we’re accountable if something goes wrong. A notario or document preparer isn’t.

How much does it cost to fix a notario mistake?

Fixing a bad filing can cost hundreds or even thousands of dollars — especially if you need to refile, respond to an RFE, or submit a Motion to Reopen. In the case described in this post, the government fee alone was $800. Hiring an attorney from the start is often far less expensive than trying to undo someone else’s mistakes.

If You’re Filing a Marriage-Based Green Card in Charleston—Get Professional Help

Don’t let a document preparer gamble with your future.

At Occam Immigration, we’ve helped hundreds of Charleston families avoid disaster and file correctly the first time. And if you’re already in trouble from a notario’s mistakes, we can help you fix it.

📞 Schedule a consultation today before the clock runs out.

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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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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.