Last Updated: March 26, 2025.

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Learn about name change procedures, court approval, filing fees, and updating legal documents with step-by-step instructions for restoring a maiden name or adopting a new one.

One way to reclaim your identity and move forward after divorce is by restoring your pre-marriage name. Whether you want to restore a maiden name, revert to a previous name, or adopt a completely new one, there are specific legal steps to follow. This guide provides a comprehensive overview of the process, including legal requirements, documentation, and potential challenges.

Restoring Your Maiden Name During Divorce Proceedings

Many jurisdictions allow individuals to request the restoration of their maiden name as part of the divorce process. This request is typically included in the initial divorce petition or response and must be approved by the court in the final divorce decree. If granted, this provision only allows for the return to a prior legal name and does not permit adopting a completely new name without additional legal steps. Rules can vary by state.

Steps to Restore Your Maiden Name During Divorce:

1. Include the Name Change Request in Your Divorce Petition or Complaint: When filing for divorce, there should be a place on the petition or response to request to restore your maiden or former name. If you are the respondent, you may need to file a separate motion or request to include this change.
2. Get Court Approval: The judge must formally accept the name change request and include it in the final divorce decree.
3. Obtain Certified Copies of the Divorce Decree: Certified copies of the final decree are required before you can update things like personal records and IDs.
4. Notify Government Agencies and Institutions: Once you have a certified copy of your decree, you should promptly update your name with entities including:
   • Social Security Administration (SSA) to update your Social Security card.
   • Department of Motor Vehicles (DMV) to update your driver’s license or state ID.
   • Banks, credit card companies, and financial institutions.
   • Employers and payroll departments.
   • Passport office for international travel documentation.
   • Insurance providers, utility companies, and other service providers.

Legal Name Change After Divorce

If you did not request a name change during your divorce or decide you want a completely different name after your divorce has been finalized, you will need to follow a separate legal name change process. 

Most courts require filing a formal petition, undergoing a background check, and obtaining a court order to finalize the name change. The process may vary depending on where you live.

Steps for a Legal Name Change After Divorce:

1. File a Petition for Name Change: Submit a petition to your county court. This document includes your personal details, the requested new name, and a reason for the name change.
2. Pay Filing Fees: Most courts require a filing fee, which ranges from as low as $25 to as high as $450. Fee waivers may be available based on financial hardship.
3. Complete a Background Check (if required): Some jurisdictions require fingerprinting and background checks to ensure the name change is not being pursued for fraudulent purposes, such as avoiding debts or criminal history.
4. Publish a Notice of Name Change (if required): Sometimes a legal name change must be published in a newspaper or other public forum as a legal notice. This ensures transparency and allows objections to be filed if necessary.
5. Attend a Court Hearing: The court may require you to appear before a judge to confirm your request. If there are no objections or legal issues, the judge will approve the request and issue an official court order granting the name change.
6. Obtain Certified Copies of the Court Order: Once approved, request multiple certified copies of the court order to update all legal and personal records.
7. Update Identification and Records: Use the certified court order to change your name on all official documents, including:
   • Social Security card (update with SSA)
   • Driver’s license or state ID (update with DMV)
   • Passport (update with the U.S. State Department or equivalent agency in your country)
   • Bank accounts, credit cards, and loan documents
   • Employment records and professional licenses
   • Health insurance, auto insurance, and other policies
   • Utility bills, leases, and property records

Changing Your Name During Divorce as a Non-U.S. Citizen

If you are not a U.S. citizen, changing your name during or after divorce may require additional legal steps depending on your immigration status and country of origin.

It's possible to do a name change while going through immigration processes; however, you should have copies of your name change documentation in hand and ready to submit to USCIS, in case the reviewing immigration officer gets confused about a petitioner or beneficiary's identity. If an immigrant or their spouse can't prove who they say they are with the documents to back their name change up, that could cause delays and will likely cause them to receive a request for evidence (RFE).

Immigration Documentation Updates

If you are a visa holder or lawful permanent resident (green card holder), you must update your name with the U.S. Citizenship and Immigration Services (USCIS) using the appropriate form (e.g., Form I-90 for green card updates).

If you are in the process of naturalization, you may be able to request a name change as part of your citizenship application.

Passport and National ID

You may need to update your name on your home country’s passport and other national identification documents through the respective embassy or consulate. Some countries may have specific rules about recognizing name changes made abroad, requiring additional legal steps.

Work and Visa Sponsorship Considerations

If you are on a work visa, notify your employer and update records with the U.S. Department of Labor or other applicable agencies. Sponsored visas may require notification to the petitioner (e.g., a spouse or employer sponsoring your visa).

International Travel Restrictions

Ensure your travel documents match your updated name to avoid complications at border controls. If you have dual citizenship, you may need to update both sets of documentation to ensure consistency when traveling.

Legal Recognition in Your Home Country

Some countries require a separate legal process to recognize a name change made in the U.S. Consult your home country’s embassy or consulate to determine the necessary steps.

Changing a Child’s Name After Divorce

A parent’s name change does not automatically extend to their children. If you want to change a child’s last name after a divorce, you must go through a separate legal process. Courts generally prioritize the best interests of the child and require consent from both parents, unless there are extenuating circumstances such as parental abandonment or safety concerns.

Steps to Change a Child’s Name:

1. File a Petition: Submit a formal request to the court in the county where the child resides. The petition must include the reason for the name change and details about both parents.
2. Notify the Other Parent: Most jurisdictions require that the non-petitioning parent be formally notified. If the other parent does not consent, they may have the right to contest the name change in court.
3. Attend a Court Hearing (if required): Some courts require a hearing, where the judge evaluates whether the name change is in the child’s best interests.
4. Obtain a Court Order: If approved, the court will issue a legal order granting the name change.
5. Update Official Records: Once the name change is granted, you must update the child's records, including:
   • Birth certificate (through the vital records office)
   • Social Security Administration (to update the Social Security card)
   • School and medical records
   • Passport and immigration documents (if applicable)

Considerations for Children with Immigration Status:

• Visa and Green Card Holders: If the child has a visa or green card, the name change must be updated with U.S. Citizenship and Immigration Services (USCIS). This often requires submitting the court order along with Form I-90 (for green card holders) or a visa amendment request.
• Dual Citizenship: If the child holds citizenship in another country, you may need to update their foreign passport and records through the appropriate embassy or consulate.
• Naturalization Applicants: If a child is in the process of applying for U.S. citizenship, a legal name change must be documented in all immigration filings to ensure consistency.

Additional Considerations for Name Changes

If you are changing your own or your child’s name, here are some things to keep in mind.

Legal and Financial Implications

Changing your name can have implications for financial accounts, property ownership, tax filings, and legal documents. Ensure all relevant institutions are notified to prevent complications.

Professional and Business Considerations

If you hold professional licenses, own a business, or have contracts under your previous name, ensure that all legal documents reflect the change to avoid issues with employment or ownership rights.

Travel and International Name Changes

As noted in the section about immigration status, if you have international ties, be aware that name changes may need to be recognized in other countries through additional legal steps, including updating visas, citizenship documents, and travel records.

Seeking Legal Assistance

While many name changes can be handled without an attorney, consulting a legal professional can provide valuable guidance, especially in cases involving minor children, name changes across different jurisdictions, or if complications arise. Legal aid services and self-help resources provided by government websites can also offer support and step-by-step instructions tailored to your location. Navigating a name change during or after divorce involves multiple steps and legal considerations. Understanding these processes in advance can help ensure a seamless transition and prevent future complications. Whether restoring a previous name or choosing a new one, following the proper legal channels will help you move forward with confidence.

On November 7, 2024, a federal district court in Texas struck down the Biden Administration’s Keeping Families Together parole in place program. The ruling comes after the court’s earlier temporary halt to the program. The Biden Administration may appeal the decision. We will provide an update once more information is available.

The USCIS Military Parole in Place Program Can Help You Understand What to Expect From Biden’s PIP Program Later this Summer

There have been a lot of immigration announcements over the past few weeks. Former President Trump recently announced that if he wins the election in November he would like to automatically grant students who graduate from U.S. colleges and universities a green card. Before that,  the Biden administration announced a new parole in place (PIP) program that will create a pathway to green cards and citizenship for certain undocumented spouses (and stepchildren) of U.S. Citizens. These developments can be a lot to follow, but don’t worry we have got you covered. You can research and compare the approaches from Trump and Biden by reading this previous article.

Whether you prefer former President Trump or President Biden’s approach there is no denying that the upcoming Biden PIP program represents an exciting and impactful opportunity for immigrants to strengthen the unity of their families. And we want to provide you with as much information as we can to help you navigate the Biden administration’s PIP application process when it becomes available.

Biden PIP Program Eligibility

Previously, we published articles that discuss what we know about the Biden program so far and what types of evidence USCIS will probably be looking for from applicants to prove their eligibility. If you have not yet read those articles, feel free to catch up with us. In the meantime, here is a quick list of what we know the eligibility requirements will be for the Biden PIP program based on the best information available from USCIS right now:

1. Current Presence in the United States Without Admission or Parole: You must currently be in the U.S. without having been formally admitted or paroled into the country.
2. Continuous Presence in the United States for at Least 10 Years as of June 17, 2024: You must have lived in the U.S. continuously for at least 10 years by June 17, 2024.
3. Legally Valid Marriage to a U.S. Citizen or Qualifying Stepchild of a U.S. Citizen as of June 17, 2024: You must be married to a U.S. citizen or be a qualifying stepchild of a U.S. citizen as of this date.
4. No Disqualifying Criminal History or Threat to National Security/Public Safety: You must have a clean criminal record and pose no threat to national security or public safety.

Now, let’s compare the USCIS military PIP program with what we know about the Biden administration’s recently announced effort to establish a PIP program for certain undocumented individuals with a qualifying relationship with a U.S. citizen.

Military PIP Program vs. Biden PIP Program Comparison Chart

In our earlier article we suggested that the current military PIP program may be the best example of what the Biden administration’s new PIP program might look like. Below, we have provided a comparison chart so you can more easily understand the differences of the two programs and better anticipate what the Biden PIP program will look like when more details are released later this year (hopefully this summer).

Question About PIPMilitary Parole in Place ProgramBiden Parole in Place ProgramIs there a required length of residence in the United States?No. There is no residency requirement for military PIPYes. Spouses of U.S. Citizens need 10 years of continuous residence as of June 17, 2024.For stepchildren, we do not yet know if there will be a residence requirement.What type of relationships to a U.S. citizen qualify?Spouses, children, and parents of a U.S. citizen or lawful permanent residents U.S. service member (active-duty, veteran, or select reserve of the ready reserve) qualify.Spouses and children (including stepchildren) of U.S. Citizens only. The spouse and children must have a qualifying relationship as of June 17, 2024.(Today it is unclear if standalone stepchildren will be able to apply independently, or if stepchildren will be able to apply only after a parent receives PIP first.)By what date must an applicant be married to a US Citizen to qualify? There is no deadline for when a qualifying relationship must be established to apply for military PIP.The marriage must have happened on or before June 17, 2024.What is the time period to apply for adjustment of status once parole is issued?There is no defined time-period to apply for adjustment of status after receiving military PIP approval. However, best practice is to apply within one-year of approval. According to the information available today, successful Biden PIP applicants will have 3 years to adjust status.What are the fees to apply?There are no fees to apply for military PIP.There will be an application fee, but details have not yet been released.Is employment authorization available?Yes.Yes. Successful applicants will qualify for 3 years of employment authorization. Is favorable exercise of discretion by USCIS required?Yes. USCIS must exercise favorable prosecutorial discretion. Yes. USCIS must exercise favorable prosecutorial discretion. Can applicants apply if they are in removal proceedings?No. Military PIP applicants in removal proceedings must first obtain prosecutorial discretion before applying. Yes, but only if they are not an enforcement priority as determined by law enforcement agencies.

**The above chart is based on the most current information available about the above discussed programs as of June 27, 2024. As more details are released program qualifications and eligibility requirements may change.**

What does this mean for immigrants?

Right now, USCIS has not released many details about the Biden administration’s PIP process. As more information becomes available we will definitely share it with you. In the meantime, it is a good idea for immigrant’s who think they might want to apply for PIP to anticipate what this program might look like once it is up and running. The military PIP program is probably the best example available. Additionally, if you think you might want to apply for PIP later this summer when the application process opens up, be sure to start collecting your supporting documents now so that you are positioned to act quickly and put your best foot forward. To help you with that we put together a list of supporting documents you will want to have ready to prove your eligibility.

We're happy you're here - and we've got your back!

While the policy changes are still in the early stages, we are monitoring USCIS updates and the media so you do not have to. The moment something changes and things become official, we will let you know. Thanks for your interest in SimpleCitizen. We make the immigration process simple. We’re happy you’re here!

Many immigration applications require proof of a visitor’s last entry into the United States. A few different documents can show this, one of them being Form I-94. Form I-94, which used to be issued as a paper version, is now issued primarily electronically. Sometimes, navigating how to find the I-94 can be overwhelming, but we will guide you through the process. This article will detail what an I-94 is, where to request an I-94, and what to do if your I-94 is unavailable.

What is an I-94? 

Form I-94 is the arrival/departure record of a nonimmigrant visitor’s most recent stay in the US. This document is issued by the Department of Homeland Security (DHS) upon arrival and is connected to the individual’s passport used for that arrival. In addition to recording a visitor’s most recent arrival, this document also designates until what date that individual is legally permitted to stay in the US. This date is called the “date of authorized stay” on Form I-94.

Form I-94 used to be provided on paper during a visitor’s entry into the US. The visitor would present the Form to US Customs and Border Protection (CBP) and be issued a paper stub indicating their arrival and authorized departure record. However, to streamline this process, CBP has automated Form I-94 to include a stamp in a visitor’s travel document/passport. This stamp will show the date of arrival and the date of authorized stay (the date when a visitor must exit the US). Additionally, CBP keeps an online record of the I-94 but does not present the visitor with that record. Suppose an immigration application requests a copy of Form I-94. In that case, it is requesting a copy of the electronic record (or the paper record if the last entry was prior to the issuing of electronic records). However, for immigration purposes, applicants typically include copies of the passport stamp from their recent arrival and the electronic I-94 record.

Who receives an I-94, and what is it used for?

The DHS may issue an I-94 to the following individuals:

• Visitors who are admitted into the US
• Visitors who are changing their status while inside the US
• Or visitors who are extending their stay while inside the US

Visitors may sometimes need a copy of their I-94 to verify their immigration status, alien registration, or employment authorization. Visitors who need a copy of their I-94 can request it from the US Customs and Border Protection (CBP) website.

The CBP website

The CBP website allows visitors to apply for a new I-94, request the I-94 from their most recent entry, and view their travel history (showing all of their most recent entries into the US). Additionally, since the I-94 records a visitor’s authorized stay, visitors can use it to see to what date they are legally allowed to remain in the US until. 

How to request an I-94 using the CBP Website

Please follow these steps when requesting an I-94 from the CBP website:

1. Visit the CBP’s “Get Most Recent I-94” page

2. Accept the “Terms of Service” by reading through them and indicating whether you “Acknowledge and Agree.”

3. Enter your traveler info: this page will request the first and last name of the visitor, their birth date, document number, and country of citizenship. Ensure that this information is entered EXACTLY as it appears on the visitor’s passport used for their most recent entry.

4. Then click “Next” to generate your most recent I-94.

You can print this page if you need the I-94 to verify immigration status, alien registration, or employment authorization or to keep it for your records. 

What can I do if my I-94 record is not available?

In some cases, visitors may be unable to request their I-94 from the CBP website. The following steps may help:

1. Try verifying that your personal information was entered EXACTLY as it appears on the passport used for your most recent entry. 
2. If needing to show verification of the most recent entry, requesting the Travel History from the CBP website may help. 
3. If you cannot get Form I-94 from the CBP website, you may file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

What can I do if my I-94 record shows errors?

At times, the I-94 record available on the CBP website may be from a former entry (but not from the most recent entry into the US) or may have some errors on it. Here are a few options for how to proceed in these situations:

1. If the I-94 generated on the CBP website shows a previous, older entry, you may keep that I-94 record and also add an explanation explaining that the I-94 of the most recent entry was not available on the CBP website. In the explanation, provide the date of your most recent arrival in the US. In addition, you could request the CBP Travel History or add a scan of the passport stamp received as evidence of this most recent entry.
2. If the I-94 record shows any information on it that appears to be incorrect (such as the wrong date of entry or incorrect class of admission, etc.,), it may be helpful to reach out to the CBP of the airport used for your most recent entry to see if they can correct the record from their end. 

Using SimpleCitizen

The I-94 record serves as a log of a nonimmigrant’s most recent entry into the US. It also specifies the immigrant’s date of authorized stay. If an immigrant needs a copy of their I-94 record, they may visit the CBP website to request their I-94. If someone cannot obtain their I-94, they may also file Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS.

We’re happy you’re here! If you are applying for an adjustment of status, SimpleCitizen wants to help! We can help you simplify the process of applying for a green card with the help of immigration professionals for a fraction of the cost. Learn more here to get started!

Additional Websites:  

USCIS page for Form I-94

Customs and Border Protection I-94 Automation Fact Sheet

When requesting immigration benefits, generally, a married applicant may provide a copy of their marriage certificate and indicate their current legal name on the forms as any of the following:

1. Their pre-marriage name (ex. Jane Doe)
2. Taking their spouse’s surname (ex. Jane Smith)
3. Taking a hyphenated version of their pre-marriage name and their spouse’s surname.(ex. Jane Doe-Smith)

Typically, any other name changes, such as changing a first or middle name, etc., will require documented proof of a prior legal name change in addition to the marriage certificate. Should an applicant wish to include such a legal name change, they would need to wait to complete that process before moving forward with their immigration applications. In addition, the ability to change names after marriage varies according to the laws and regulations in each country or state, and applicants should review the changes needed for a legal name change in their area.

Please Note: Changing an applicant’s name on the green card may mean that other documentation, such as driver's license, passport, social security cards, etc., do not match. As applicants pursue legal name changes on those documents, in many circumstances, when using documents where the legal names do not match, they may use their marriage certificate as proof of a name change.

Have you ever needed to reach out to a government agency for help with a previous or current immigration request? If so, you may be familiar with what are called FOIA requests! In this article, we'll explain what a FOIA request is, what they are generally used for, and when they should be submitted.

What is a FOIA Request?

If you are trying to get personal documents from a government agency, you may have heard of a FOIA Request. FOIA stands for Freedom of Information Act. Passed in 1967, the Freedom of Information Act states that the public has the right to request records from the government. As long as the information is not protected by one of the specified nine exemptions or three exclusions, the government is required to provide it. Since FOIA was passed, each government agency has developed a method for the public to submit requests for documents through their agency. Typically, FOIA requests are not needed to file for an immigration benefit. However, they can be useful in situations where an individual needs more information about a previous immigration application or needs to request information to help with a current one.

The Nine Exemptions and Three Exclusions
Government agencies are only allowed to withhold information if it is protected by one of the nine exemptions or three exclusions. These exemptions are designed to protect information such as classified documents, trade secrets, or information that unreasonably violates the privacy of other people. For a full list of the exemptions and exclusions, see this link.

When Should I Submit a FOIA Request?

You can submit a FOIA request to a government agency anytime you need specific information from them that is not readily available through other means. 

Here are some examples of reasons someone might submit a FOIA request to USCIS:

FOIA Requests can also be submitted to other government agencies as well. Here are some examples of reasons someone might submit a FOIA request to another agency as a part of their immigration application:

Please note: If you are requesting a FOIA because you are in deportation proceedings, it is a good idea to consult an immigration attorney. If you need help finding an immigration attorney, AILA’s lawyer search can help locate attorneys living in your area.

How Do I Submit a FOIA Request?

1. Step 1: Determine Needed Documents. The first step in submitting a FOIA request is to determine what documents are needed. Requesting a lot of documents, such as a whole file from an agency, can result in longer wait times. Knowing exactly what documents are needed can help make the process faster and more successful.
2. Step 2: Identify Relevant Agency. Once you have determined the documents needed, the next step is to figure out what agency has these documents. If you are not sure what agency has the documents you need, a quick Google search can usually help determine this. Foia.gov also has a list of agencies that you can explore.
3. Step 3: Locate FOIA Procedure for Selected Agency. After determining what documents are needed and what agency has them, the next step is to find the procedure for submitting a FOIA request to that agency. Each agency handles its own FOIA requests and has its own procedure for doing so.
   1. If you are submitting a FOIA request through USCIS, you can find the full instructions for doing so here. Requests are made through the applicant’s USCIS account, and there is a link included in the instruction page.
   2. For other agencies, you can find information on how to submit a FOIA request by searching that agency here by clicking “Start Your Request”

FOIA Request Fees: Sometimes, fees are associated with FOIA requests. These fees vary by agency. They are usually based on the amount of time (in hours) it takes to process the request or the number of copies required. USCIS does not charge for the first 2 hours or 100 copies but does start to charge after that. If the fees are anticipated to cost more than $250, they may contact you in advance of completing the request. 

Conclusion 

Feel free to reach out to our live chat with any additional questions you may have about FOIA requests. If you would like additional support and a full review of your documents by a licensed attorney after completing your FOIA request, we would be happy to help you with your application! You can sign up for one of our application packages here, and we will help guide you through the application process. We're happy you're here!

Congratulations on your engagement!

US citizens who are engaged to someone living in another country may wonder how they can get their loved one to the US to get married. A Fiancé(e) (K-1) visa can be granted after filing Form I-129F with USCIS and allows for the foreign national fiancé(e) to come to the US to get married and apply for legal permanent residency.

As part of the fiancé(e) visa application process, USCIS asks applicants to provide a variety of supporting documents to show that their relationship is well-established. Chief among the evidence required by USCIS is proof that the petitioner and applicant have met in person within the last 2 years, that they are in a bona fide relationship, and that they are planning to get married. This article focuses specifically on the relationship evidence that USCIS requires and addresses the following:  

1. Basic guidelines for adding relationship evidence, including evidence of having met in person in the last 2 years 
2. Potential red flags that might cause USCIS officers to treat an application with greater scrutiny 
3. Ideas for different types of relationship evidence that may be included
4. Tips for compiling relationship evidence

Disclaimer: Although this article will focus on the kinds of relationship evidence fiancé(e) applicants can provide with their application, it does not provide an exhaustive list of all the documents required to file the I-129F form. You can check the other documentation requirements for fiancé(e) visas here. 

Basic Guidelines

Before detailing examples of relationship evidence people can submit with their fiancé(e) application, here are a few basic guidelines applicants can follow when they are collecting relationship evidence: 

• USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally, a good benchmark is to provide around 50+ unique pieces of relationship evidence, including 6+ different types of evidence. For examples of relationship evidence, see below. 
• All evidence must be in English, or a Certified English Translation must be provided. You can find out more about providing certified self-translations here.
• Non-photo evidence must include the names of both individuals in order to be considered by USCIS as evidence. For example, if you would like to add proof of money transfers, the screenshots should clearly show both the name of the receiver and the sender. 
• It is important to add as much proof as possible that the couple has met in person in the last 2 years.

IMPORTANT:
USCIS requires that if a couple has not met within 2 years before applying for a Fiancé(e) visa, the applicants need to submit evidence that meeting in person would violate strict and long-established customs of their fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the petitioner.

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Suggestions for Different Types of Relationship Evidence

For many people, it can be difficult to know what kinds of documents count as relationship evidence. The primary goal is to demonstrate to USCIS that the relationship is strong and enduring, that the couple communicates frequently, and that they have sincere plans to marry. However, to help people get started,  we have provided some lists of different types of relationship evidence applicants can consider including with their application below. They are divided into different categories for convenience.

Please note that USCIS recognizes that each couple’s circumstances are different, so not everyone will have the same types of evidence. Applicants are welcome to get creative and add things to their applications that are not on this list. As a reminder, applicants typically experience the greatest success when they provide extensive and varied relationship evidence. As previously mentioned, a good rule of thumb is to provide at least 25-50 unique pieces of relationship evidence that include at least 6+ different types of evidence. 

While USCIS does require people to show evidence of meeting in person for the last 2 years prior to applying for a Fiancé(e) visa, most of the other evidence examples listed below are not mandatory to include. Rather, they are just suggestions to help get people started compiling their evidence. However, to avoid unnecessary delays, we generally recommend providing USCIS with as much evidence as possible to prove your relationship is bonafide.

Note: When gathering proof of spending time together, it is helpful to focus on evidence that shows the length of the relationship, and also that shows that the relationship is public and that friends and family are aware and involved in the couple’s lives.

1. Evidence of having met in person in the last 2 years 

As previously mentioned, USCIS requires applicants to include as much evidence as possible of having met in person in the 2 years prior to filing a fiancé(e) visa application. Here are some examples of evidence that can demonstrate this:

• Photos from the couple’s engagement, getaways, family meals, holidays, etc. List the date and names of the people in the photographs.
• Message history showing the planning, anticipation, and/or excitement surrounding the visit (should ideally show dates and names)
• Flight itineraries and bookings from visiting each other 
• Flight itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives. List the date and names of the people in the photographs when possible.
• Tickets to events both the petitioner and beneficiary attended or plan to attend
• Social media posts with time stamps from the time spent together in person
• Engagement pictures and engagement ring pictures.
• A letter describing the details of your last in-person get-together 

2. Proof of Frequent Correspondence 

Showing proof that the couple communicates frequently despite their physical distance is highly recommended. When possible, this evidence should include names and a timestamp showing when the communication occurred. Here are some examples of evidence that can serve as proof of frequent correspondence: 

• Message screenshots (Text, Messenger, WhatsApp, DM’s, etc.)
• Phone logs showing both names 
• Email history between the couple 
• Letters and cards between the couple
• Screenshots/photos from video calls between the couple
• Evidence that the spouses have met or communicated with each other’s parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc.

3. Evidence of joint financial responsibilities

If available, adding proof of sharing finances can be great evidence to establish a bonafide relationship. However, it can be challenging to have proof of joint finances prior to marriage, and this is not directly required by USCIS. However, here are some examples of evidence that can serve as proof of joint finances: 

• Receipts for engagement rings
• Bank statements for joint bank accounts, if any
• Venmo, CashApp, or wire transfer receipts between the couple that shows both names
• Receipts of joint purchases showing both names 
• Receipts of gifts the couple bought for each other 
• Documents showing joint memberships such as Amazon, Netflix, Hulu, etc.

Applicants are also welcome to add proof of their future wedding plans, such as receipts for wedding attire purchases, proof of looking for quotes related to wedding venues, photographers, rings, and/or other correspondence about the wedding, etc.

4. Affidavits of support

Affidavits of support from family and friends, showing their support for the relationship, can also make great relationship evidence. This article gives an in-depth explanation of what these letters should include, as well as provides several sample letters. The beneficiary and petitioner can also provide their own letters describing their relationship and their love. 

Note: The article linked above has examples of letters for married couples and will need to be slightly adjusted for couples that are engaged but not yet married. 

Warning Signs:

USCIS officers review every application and make decisions on a case-by-case basis. While there is no guarantee that someone will be accepted or denied, the following circumstances may cause an application to receive greater scrutiny from USCIS: 

• A large age disparity between the petitioner and the beneficiary. 
• The inability of the petitioner and beneficiary to speak each other’s language.
• Vast differences in the cultural and ethnic backgrounds of the petitioner and the beneficiary.
• Family or friends are unaware of the relationship.
• The petitioner filed previous petitions on behalf of other intending immigrants, especially previous immigrant spouses.
• Lack of varied and extensive relationship evidence
• The couple has not met in person within the last 2 years before applying for a fiancé(e) visa. 

In situations where one or more of these conditions apply, applicants may consider including as much evidence as possible to help demonstrate the bonafide nature of the relationship and help offset any additional scrutiny. 

Preparing documentation for USCIS

Here are some tips and tricks that can help applicants with preparing relationship evidence to send to USCIS. These tips are not USCIS requirements but can make it easier to organize the evidence and for the USCIS officer to process the application!

• Organize by Evidence Type: Applicants can divide their evidence into sections of photos, money transfers, gifts, receipts, tickets, etc. They can also consider including section breaks or header pages for each evidence type.
• Show Both Names: As much as possible, applicants should make sure that both couples’ names are on all non-photo documents, especially money transfers, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence. A good tip is to highlight both names on the documents so that USCIS can clearly identify them.
• Show Dates: When possible, applicants should try to include dates/timestamps on the evidence so that the adjudicating officer can see where the evidence is from.
• Add Captions to Photos: While adding captions to photos and other documents is not required, it can be helpful. For example, adding captions can help explain evidence that is less clear (such as a flight itinerary with only one person’s name on it because they were traveling to visit the other person).

Conclusion:

In conclusion, it is important that US citizens hoping to apply for a Fiancé(e) visa provide a wide variety of relationship evidence that shows they are in a bona fide relationship. As previously discussed, applicants should be prepared to provide evidence of having met within the last 2 years prior to submitting the application to USCIS. Adding other types of evidence, such as the ones listed above, can also help strengthen the application and avoid Requests for Evidence (RFE) letters from USCIS. This evidence should be varied, and it should show an established relationship and intention to marry. Additionally, please note that this article is not a comprehensive list of all documentation needed when filing Form I-129F, Petition for Alien Fiancé(e). If you would like more in-depth and specific feedback from an attorney on the requirements for a fiancé(e) application, our premium fiancé(e) packages include up to three 30-minute consultations with an independent immigration attorney, plus a legal review of your application before you submit it to USCIS.

Hoping to apply for a Fiancé(e) visa? SimpleCitizen is here to help! You can sign up for one of our application packages here, and we will be happy to help guide you through your application. We’re happy you’re here!

The United States Citizenship and Immigration Services (USCIS) assigns a unique identifier called the Alien Registration Number, A-Number, or USCIS Number to non-citizens who are in the United States and have a lawful immigration status. This A-Number, which is a 7, 8, or 9-digit number, helps USCIS keep track of an individual's immigration history and status. It can be found on important immigration documents such as visas, green cards, and Employment Authorization Documents. So, if you're a non-citizen in the United States, your A-Number is an important identifier that helps ensure your immigration information is accurately tracked and managed.

This article aims to provide a clear and comprehensive explanation of what an A-number is and how to find out if you have one. Whether you are seeking to apply for a visa, green card, or citizenship, understanding the role of A-numbers in the immigration process will help you stay informed and better navigate the complex landscape of U.S. immigration.

Where can I find my A-number?

You can find your Alien Registration Number (A-Number) on several immigration documents, such as:

1. Visa Stamp: The A-Number can be located on a visa stamp and is shown as the red number in the lower right-hand corner. If the A-Number on the visa stamp is fewer than 9 digits, a zero is inserted after the “A” and before the first digit to create a 9-digit number.
2. Green Card: If you are a lawful permanent resident, your A-Number will be included on the front of your green card. The USCIS# found on a Permanent Resident card is the A-Number .‍
3. Employment Authorization Document (EAD): If you have been authorized to work in the United States, your A-Number will be included on the front of your EAD. The USCIS# found on a Permanent Resident card is the A-Number .
4. Check previous communications from USCIS: If you have corresponded with USCIS in the past, your A-Number may be included in any communications you received from the agency. This could include an Immigrant Data Summary, USCIS Immigrant Fee Handout, or Form I-797.

What if I have more than one A-Number? 

It's not uncommon for USCIS to issue multiple A-numbers to individuals over time. When completing immigration forms, it's important to list all A-numbers that have been issued. While individuals may have multiple A-numbers, the most recent one issued is typically considered their "primary" A-number and should be used.

Not sure if you have an A-Number? 

If you are still determining whether you have an A-Number or need assistance in finding it, you can contact USCIS customer service for assistance. Call 1-800-375-5283 or visit https://www.uscis.gov/ to use their live chat via Ask Emma. 

If you are a non-citizen or permanent resident, it is possible and completely normal that you do not have an A-Number, and you can leave that part blank in the immigration forms.

Conclusion:

In conclusion, the Alien Registration Number, A-Number, or USCIS Number is an identifier for non-citizens who are in the United States and have a lawful immigration status. If you have been issued an A-number, it is important to keep track of your A-Number(s) and ensure that it is correctly included on all immigration documents. Doing so helps USCIS track and manage your immigration records. If you are unsure whether or not you have been assigned an A-Number, it is recommended to contact USCIS customer service to inquire about your immigration record. 

If you have questions or concerns about your A-Number or any other aspect of your immigration status, we encourage you to reach out to our team of experienced immigration professionals. Our platform provides a comprehensive suite of tools and resources that can help simplify the immigration process and put you on the path to success. 

With SimpleCitizen by your side, you can achieve your immigration goals and build a future in the United States. We may be able to help prepare your immigration application! Get started today. We’re happy you’re here!

The medical exam or Form I-693 (Report of Medical Examination and Vaccination Record) is one of the USCIS-required forms for people looking to apply for a green card/permanent residency in the United States. Since Form I-693 needs to be filled out by a USCIS-approved doctor, there are many things to consider when choosing a doctor. This article will contain basic information for people completing the medical exam from inside the United States. 

This article will help answer the following:

• What is a civil surgeon?
• Where can I find a USCIS-approved doctor close to me?
• Things to consider when choosing a civil surgeon
• When should I get my medical exam done?

Please note that the process differs for those completing the medical exam outside the United States. If you are doing your medical examination from outside the US, please visit this link for more information on the correct medical exam process.

What is a civil surgeon?

The USCIS doctors assigned to perform the immigration medical examination are referred to as “civil surgeons.” Only civil surgeons can perform the medical examinations and fill out and seal Form I-693. It is important to remember that unless a doctor is a USCIS-approved civil surgeon and is part of the list of USCIS-approved physicians, they cannot complete Form I-693 or conduct the medical exam. 

Where can I find a Civil Surgeon close to me?

If you are applying for a Green Card from inside the United States, you can look for a USCIS-approved doctor (Civil Surgeon) near you using your address, state, or zip code with this link. You can also look up doctors by gender and the language they speak.

Things to consider when choosing a civil surgeon:

There are many things to keep in mind as you determine when and where to complete your medical exam and which civil surgeon to choose. Planning ahead and researching can be very helpful, especially for something as time-sensitive as immigration paperwork. Here are a few things to consider before taking the medical exam:

1. Cost of the Medical Exam 

USCIS does not require medical offices to charge a set fee for the medical exam. Rather, each medical office gets to determine the fee it will charge for the medical exam. Typically, the exam can cost anywhere between $175 and $900, though it can be much more at some medical offices. For this reason, calling different doctors and shopping around can be helpful. Additionally, please note that medical exam fees doctors charge do not usually include the cost of vaccinations that applicants may need. Some doctors can provide the necessary vaccinations in-office, so be sure to contact a USCIS civil surgeon for more information.

For a list of the vaccines required by USCIS, click here.  

2. Wait times

Wait times for the medical exam vary and are subject to the availability of the civil surgeon you choose. While some offices are available within a week of scheduling, others may have long delays. Usually, the cheapest medical offices have the longest wait times. This is another reason why it can be helpful to consult multiple doctors when possible. While the medical exam can be a relatively short interaction with the doctor, it is not unusual for it to take two weeks or more for the doctor’s office to complete the required paperwork and mail it to the applicant. This wait time is often impacted by needed vaccinations.

Any Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. USCIS officers have the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. Medical exams completed before November 1, 2023, have a 2-year validity period.

3. Location

As listed above, you can find your closest doctor using this link and your zip code. Please note that the number of civil surgeons available varies by state and location. Planning ahead can be helpful, as some people may be required to travel long distances to complete this exam. 

4. Reviews

There are several ways people can find a doctor that they are comfortable with. Many civil surgeons have reviews on Google that discuss other patients’ experiences. Also, through the USCIS “Find a Civil Surgeon” link, a person can filter doctors by gender and by the language they speak. People can use reviews and these filters to look for options they trust. 

When should I get my medical exam done?

While USCIS previously allowed Form I-485 to be submitted without a complete Form I-693, Report of Immigration Medical Examination and Vaccination Record, they changed that rule as of December 2, 2024, and now require that adjustment of status applicants submit the medical exam at the time of submission of Form I-485.

For applicants who are required to submit Form I-693 or a partial Form I-693 (such as the Vaccination Record for applicants who entered on K visas), USCIS will reject Form I-485 if the completed medical exam is not submitted concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status.

TRANSLATION OF VACCINATION RECORDS:
Some offices require applicants to translate their vaccination records. In some cases, when the USCIS civil surgeon speaks the applicant’s native language, translations may not be needed. However, this can vary from office to office. Please make sure to call and check with the USCIS doctor to determine what documents are translations are needed.

Conclusion

USCIS requires the medical examination (Form I-693) for all people filing for a green card. A USCIS-approved doctor (civil surgeon) must perform the exam and complete the form. The exam can then be submitted with the application or at the moment of the USCIS interview. Please consider the vaccines needed, wait times, and availability of doctor’s offices before scheduling an appointment. It is also important to note that the current USCIS requirement is to send the medical exam with the application. If you have any questions about your medical exam, please feel free to reach out to our live chat or call your Civil Surgeon.

Please visit this article for more information on what to bring to your medical examination, what happens at the exam, and how to send the form. 

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If you’ve ever been an Exchange Visitor on the J-1 visa, you may have heard of the “Two-Year Home Residency Requirement” or 212(e). If you have entered the US on a J-1 visa in the past and now wish to apply for a green card, it’s important to understand that if you were ever subject to this requirement, it could impact your eligibility to apply. The 212(e) requirement can be a bit complex, but in this article, we will help you understand if you are subject to this requirement and what to do.

What is the 212(e) requirement?

The Two-Year Home Residency Requirement, also known as 212(e), promotes cultural exchange by encouraging J-1 Exchange Visitors to return to their home country for two years after they complete their J-1 program. However, this rule only applies to certain categories of people currently in the US on a J-1 visa or who have previously been on a J-1 visa. If someone is subject to 212(e), they are required to return to their home country of citizenship or legal permanent residence and reside there for a cumulative period of two years before they are eligible to:

• Return to the US as a Legal Permanent Resident (green card holder) or
• Return to the US on an H-1B, K, or L visa. 

Being subject to 212(e) also prohibits changing status in the US to any of those visas or applying for Adjustment of Status to Legal Permanent Residency until the conditions of the requirement have been met or a waiver has been issued. 

Who is subject to 212(e)?

The J-1 visa has many different categories - examples of these categories include au pair, exchange student, visiting scholar, visiting physician, work-travel programs, and many more. Some of these categories, like visiting physicians, can automatically cause someone to be subject to 212(e). In contrast, those in other categories may be subject based on meeting at least one of the conditions below during their J-1 program:

• Receiving government funding:  Funding directly or indirectly from either your home country’s government or the U.S. Government. In some situations, funding through a University could count as government funding.
• Receiving funding from an International Organization or Binational Commission: Funding from organizations that receive money from government sources such as the United Nations, NATO, etc.
• Specialized Knowledge or Skill: Having skills or expertise that your country has deemed essential and necessary to the country's development as identified on the Exchange Visitor Skills List.
• Graduate Medical Education (GME) or Training: Visiting the US to obtain graduate medical education or training.

NOTE: It is possible to be subject to the 212(e) in more than one of the above categories.

How do you know if you’re subject to 212(e)?

The visa stamp in your passport and/or a US Consular note on the bottom-left of your original DS-2019 may indicate whether or not you are subject to the 212(e) requirement.

Please note: It is possible to be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

What is a waiver of the 212(e) requirement, and can I apply for one?

In some situations, someone subject to 212(e) may be eligible to apply for a waiver of this requirement. When approved by the US Department of State, this waiver removes the 212(e) requirements – this means that someone who was previously subject to 212(e) who is approved for the waiver would no longer be barred from applying for Legal Permanent Residency or any of the other visa types that 212(e) prohibits.

However, please keep in mind that the waiver process can be lengthy, and it may take up to a year or more before a decision is made on your request. Please see the Department of State website for more information about applying for a 212(e) waiver, and click here to see the 212(e) waiver eligibility requirements.

Applying for the 212(e) waiver process can vary depending on your country of citizenship or legal permanent residence and is quite complex. Because SimpleCitizen is a self-service tool and not a law firm, we suggest you contact a licensed immigration attorney about applying for the waiver. The American Immigration Lawyers Association (AILA) is an organization of immigration attorneys. A good way to find an immigration attorney is to use the AILA website. To find an immigration attorney in your area, you can use AILA's lawyer search here. 

For some, 212(e) can be seen as a significant barrier to becoming a Legal Permanent Resident in the US. However, with the guidance of an experienced immigration attorney, many can apply for a waiver of this requirement and pursue their goal of immigrating to the US. For those approved for the waiver already, SimpleCitizen is happy to help you with the next steps of your immigration journey!

Please note: If you are subject to 212(e) and would like to use SimpleCitizen’s services when applying for a green card, your waiver must be approved when you submit your application for review by the network partner attorney. We will unfortunately not be able to review your application if you have only submitted your 212(e) waiver, but it has not been approved yet.

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Frequently Asked Questions

I would like to fulfill the 212(e) requirement before I apply for a green card. Am I allowed to leave my home country during my two-year home residency? 

Yes! Being subject to 212(e) does not prevent you from traveling from or spending time away from your country of citizenship or legal permanent residence. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), can I leave the US and return on another nonimmigrant visa type? 

Yes, you can depart the US and return on another non-immigrant visa type (such as F-1 or B-2). However, this does not remove the 212(e) requirement. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), is my J-2 dependent also subject to 212(e)? 

Yes. J-2 dependent status is directly related to the status of the principal J-1 visa holder. If you are on the J-1 visa and subject to 212(e), then your spouse and/or children on the J-2 visa would also be subject to that requirement.

I came to the US on a J-1 visa more than 5 years ago and was subject to 212(e) for that J-1 program. However, I did not depart the US. Am I still subject to 212(e)?

Yes. If you did not reside in your country of citizenship or legal permanent residence for two (cumulative) years, and you do not have an approved 212(e) waiver, you are still subject to 212(e). No matter how long ago you were on a J-1 program subject to 212(e), this requirement will stay in place until you fulfill the requirement or are approved for a waiver.

My visa stamp says I am subject to 212(e), but my DS-2019 doesn’t. Am I subject to 212(e)?

It can be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

Last Updated May 25, 2023.

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The main goal of this article is to provide you with the framework for the basic steps involved when applying for a K-1 fiancé(e) visa or a family-based green card through the consular process. For those seeking to bring their fiancé, spouse, or immediate family to the United States, the process can seem daunting. However, obtaining a fiancé(e) visa or a family-based green card through the consular process is possible with the right information. In this article, we will discuss the basic steps involved in applying for a K-1 visa or family-based green card through the consular process. By understanding these steps, you can increase your chances of success and reuniting with your loved ones in the United States.

What is Consular Processing?

The consular process is a way for people from other countries to apply for a US visa from outside the US. The term consulate refers to petitions that originate through a US Embassy or Consulate located in countries outside of the United States. The consular process can differ based on the type of visa you're applying for and your unique situation. Our team at SimpleCitizen is here to help guide you through the process, whether you're applying for permanent residency or a K visa.

The consular process for a family-based green card or fiancé(e) visa is a multi-step process that involves coordination between different government agencies. Those are the US Citizenship and Immigration Services (USCIS) which is a division under the Department of homeland security, and the National Visa Center (NVC), which is a division under the US Department of State. Let’s take a look into what processing looks like for each application type!

Applying for Permanent Residence Through the Consular Process

If you live outside of the United States and are eligible to apply to become a lawful permanent resident, you may be able to do so through the consular process. This process involves applying for an immigrant visa at a US embassy or consulate in your home country or country of residence. If you are approved for an immigrant visa, you can then travel to the United States and become a lawful permanent resident. The green card obtained through the consular process is similar to a green card obtained through adjustment of status within the United States, but the application process is different. In this section, we will provide an overview of the green card application process through the consular process, including the forms and documents required, the interview process, and important considerations for applicants.

1. File Petition through USCIS: The US citizen spouse must file a Form I-130, Petition for Alien Relative, with USCIS to establish the relationship between the foreign national spouse and the US citizen. On average, it can take anywhere from 8-12 months for USCIS to process the I-130. Processing times depend on the number of applications that USCIS has at any given time, and their capacity to review them.
   
2. The petition is Approved: USCIS will review the I-130 petition and, if approved, will notify the petitioner and send the approved petition to the National Visa Center (NVC) for further processing.
   
3. USCIS Transfer Petition to NVC: Once the I-130 petition has been approved, it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will review the application and any necessary supporting documents that have been submitted. Once all required documentation has been received, the NVC will forward the application to the US consulate or embassy in your home country.
   
   During this process, the NVC will also contact the petitioner with instructions on how to set up an account on the Consular Electronic Application Center (CEAC) website. This account will allow the petitioner to keep track of the application status and complete any necessary forms and fees. The NVC will also provide details on which additional steps are needed to proceed with the application.
   
   The timeline for this process can vary, and it may take approximately 1-2 months for USCIS to transfer the petition to the NVC. If you have any questions or concerns about this process, please do not hesitate to contact us for further assistance.
   
4. NVC Forms: Using the online account provided by the NVC, the petitioner must file Form DS-260 and Form I-864 as well as pay the associated fees.
   
5. Schedule Interview and Complete Medical: The interview is scheduled by the US consulate or embassy. The foreign national will be required to attend the consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the marriage or relationship with the family member. They will also need to complete a medical exam through an approved doctor and bring the results to the interview.
   
   The consulate or embassy will provide instructions on when, where, and how to complete the medical exam. The specifics of what needs to be brought to the interview can vary depending on the consulate/embassy, so be sure to become familiar with the specific requirements of the office conducting the interview.

 
Note: Processing times can vary greatly depending on which Embassy or Consulate is processing the application.

6. Complete Interview: The foreign national will attend a consular interview at the US consulate or embassy in their home country OR in the country where they currently hold residence. During the interview, a consular officer will review the foreign national's application documentation and ask questions to determine the validity of the relationship and the eligibility for a green card.
   
7. Decision Issued: After the consular interview, the consular officer will make a decision on the green card application. If approved, the foreign national spouse will be instructed on how to pay the visa issuance fee and how to obtain the green card. If denied, the foreign national spouse will be notified in writing of the reasons for the denial. Here is what to expect going forward if your visa is approved:
   
   1. The consulate or embassy will place the visa inside your passport. Please verify the information contained both on the visa and on the letter stapled to the package to ensure that the information is correct. If not, please contact the embassy or consulate you are working with. A visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have the authority to grant or deny admission.
      
   2. If you receive a sealed packet with your passport, do not open the sealed visa packet. You must carry it unopened to an immigration officer at a port of entry with your passport and valid visa.
      
   3. If your visa has the annotation “IV Docs in CCD,” you will not receive a sealed packet.
      
8. Pay Immigration Fee: Once the immigrant Visa has been granted, the applicant should pay a $220 Immigrant Fee BEFORE entering the US. This fee can also be paid after entering the US but can delay the speed at which the green card is issued.

Note: Government fees are subject to change.

9. Enter the United States: When entering, give the CBP officer the sealed Visa Packet (if available). CBP will inspect and admit you. If admitted, you will have Legal Permanent Resident status. You must arrive in and apply for admission to the United States by the visa expiration date printed on your visa. An immigrant visa is usually valid for up to six months from the date of issuance unless your medical examination expires sooner, which may make your visa valid for less than six months.
   
10. Receive Green Card in Mail: Green card will be sent in the mail as long as you have paid your immigrant fee. It usually takes several months for DHS to process and send the legal permanent resident card to you. In the meantime, the passport stamp permits employment and travel until the card arrives.

Refer to the NVC website for more information on what happens after the interview for those seeking an immigrant visa through the consular process. 

K-1 Fiance Visa Steps

The K-1 fiancé(e) visa is a nonimmigrant visa that allows a foreign national fiancé(e) of a US citizen to enter the United States for the purpose of getting married. Here are the general steps in the K-1 fiancé(e) visa process:

1. File Form I-129F: The US citizen sponsor must file a Form I-129F, Petition for Alien Fiancé(e), with the US Citizenship and Immigration Services (USCIS). On average, it can take anywhere from 8-12 months for USCIS to process the I-129F, though the wait can be longer or shorter at times. Processing times depend on the number of applications that USCIS has at any given time and their capacity to review them.
   

2. USCIS Review: USCIS will review Form I-129F and, if approved, will send the approved petition to the National Visa Center (NVC) for processing. The NVC will provide an application number and send the petition to the US Embassy or Consulate where the fiancé(e) lives. It can take about 1-2 months for USCIS to transfer the petition to the NVC.
   
   The NVC will send a Welcome Letter by e-mail or physical mail. With the information in this letter, applicants can log in to the NVC Consular Electronic Application Center (CEAC) to check their status, receive messages, and manage their application.  

3. NVC Processing: The NVC will review the approved I-129F and, once all necessary documentation has been received, will forward the application to the US consulate or embassy in the foreign national fiancé(e)'s home country. 

4. NVC Forms: Next, the sponsored fiancé must complete the State Department’s online DS-160 Online Nonimmigrant Visa Application and the I-134 Affidavit of Support may be requested.

5. Interview Preparation: The embassy will reach out to the applicant with the scheduled interview time, location, etc. AND instructions on how to complete a medical exam. The foreign national fiancé(e) will be required to attend a consular interview and will need to prepare for the interview by gathering all necessary documents and information, such as a valid passport, police certificates, and evidence of the bona fide nature of the relationship.
   
   1. The US Embassy or Consulate will provide instructions regarding medical examinations, including information on authorized panel physicians. See Medical Examination for more information.

6. Consular Interview: The foreign national fiancé(e) will attend a consular interview at the US consulate or embassy in their home country (or country of current legal residency). During the interview, a consular officer will review the foreign national's application and ask questions to determine the validity of the relationship and the eligibility for a K-1 visa.

7. Decision Issued: After the consular interview, the consular officer will make a decision on the K-1 visa application. If approved, the foreign national fiancé(e) will be instructed on how to pay the visa issuance fee and how to obtain the visa. If denied, the foreign national fiancé(e) will be notified in writing of the reasons for the denial. ‍
8. Application for Permanent Residency: After the marriage, the foreign national spouse needs to apply for permanent residency by filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. 

Here is what to expect going forward if your visa is approved:

1. If you are issued a K-1 visa, the Consular Officer will give you your passport containing the K-1 visa and a sealed packet containing the civil documents you provided, plus other documents prepared by the US Embassy or Consulate.
2. With your visa, you can apply for a single admission at a US port-of-entry during the validity of the visa, which will be a maximum of 6 months from the date of issuance.
   
3. Enter the United States: Upon arrival in the US, the foreign national fiancé(e) must marry the US citizen fiancé(e) within 90 days of entering the country.
   
   Please be aware that K-1 and K-2 nonimmigrant status automatically expires after 90 days and cannot be extended. However, if married after the 90-day period, the couple may file a Form I-130, Petition for Alien Relative. 

Conclusion

The consular process is a key part of the journey for those who are eligible and wish to come to the United States. The process includes several important steps, like filling out a visa application, having a consular interview, and getting your visa. Depending on the type of visa you're applying for, and your personal circumstances, the steps involved may vary. But don't worry; the consular process is designed to make sure you're eligible for a US visa and that your time in the US follows all immigration laws. With the help of helpful organizations like SimpleCitizen, the consular process can be a breeze!

Planning to apply for a K-1 visa to bring your fiancé to the United States through the consular process? Consider using SimpleCitizen to help you prepare your application.

Already have a K-1 visa and now looking to file a green card application? We can help with that too! Learn more about our package offerings here!