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Applying for a K-I Visa can be stressful, but we are here to help.
A Letter of Intent (LOI) to Marry is one of the documents USCIS requires as part of the K-1 visa application. It is a letter that helps USCIS verify the relationship. In a Letter of Intent to Marry, the petitioner (the U.S. citizen) and the beneficiary (the applicant/intending immigrant) declare their intention and legal ability to marry within 90 days of the applicant’s arrival into the United States.
Attention! USCIS requires that both the petitioner and the beneficiary each write and sign their own LOI to Marry, which means that two letters of intent should be submitted in total.
Depending on the specifics of the couple's situation, a Letter of Intent to Marry may include the following:
The formatting of a Letter of Intent to Marry can vary, but a basic template can be used to ensure all necessary information is included.
Below are templates as well as examples of what a basic LOI to Marry can look like. Please remember that the petitioner and the beneficiary should each write their own letter, and that letters should be unique in content and writing style, even though both letters can follow the format shown below.
The petitioner and beneficiary are each required to write their own Letter of Intent to Marry.
Including supporting evidence with the K-1 visa application is required. However, USCIS does not have specific requirements for what must be included.
Evidence can include:
In cases where the marriage is dependent on visa approval, include as much information as possible about plans to marry. Although a specific date may not be set yet, general proof of the wedding taking place can be added.
This can include information about the couple’s relationship, timeline, and story, as well as proof of conversations about the couple’s upcoming marriage and that friends and family were made aware. Including evidence can be a good way of supporting the validity of the relationship.
Applying for a K-I Visa can be stressful, but we are here to help. With packages including online support and reviews with our independent licensed partner immigration attorneys , all with a 100% money back guarantee, we have you covered. Click here to learn about our K-I visa packages.
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Explore the definitions of race and ethnicity, how USCIS defines them, and how customers use them.
On many applications USCIS requires people to declare both their race and their ethnicity. In this article, we are going to explore the definitions of race and ethnicity, how USCIS defines them, and examples of how some people have chosen to interpret and respond to these questions in the past.
Race is a concept that usually refers to the phenotypical (physical) characteristics of a person and it can be self-identified or not. On the other hand, ethnicity takes into account the cultural components of a person’s upbringing, and it doesn’t typically refer to physical characteristics of that person. For example: Two people that both identify as Hispanic as their ethnicity may choose differently for their race, one White, another Black, or a mix of both.
On their applications USCIS usually has 2 questions about Race and Ethnicity:
Here is the definition of the different race options directly from USCIS instructions:
"When choosing between the race options, please make sure to carefully read through the USCIS definition of each of the options first.”
Because USCIS considers Hispanic or Latino to be an ethnicity instead of a race, many people that choose the option “Hispanic or Latino” have different responses in the race question. Due to the multi-racial category that is Hispanic/Latina/e/o/x, many people choose between the options of White, Black, American Indian (if they have maintained tribal affiliation or community attachment as USCIS instructions show) or choose to mark more than one box.
The race question asks to mark *all applicable boxes*, so if you are a multi-racial person you can choose to mark all the boxes that apply to you.
Please take into account that there isn’t a wrong or right answer for these questions. However, understanding USCIS definitions for race and ethnicity as well as a more clear understanding of how they define the various options within those questions, will hopefully help you answer this question more confidently and accurately.
Learn what an Employment Verification Letter is, why it's important and what it should include
When going through the immigration process, it is crucial to prove that the sponsor, and when applicable, the joint sponsor, meet the necessary financial requirements for their household size. In addition, USCIS will want to see proof of their current employment status. Both of these things are accomplished, in part, through an employment verification letter (EVL) that is submitted as evidence along with Form I-864. The employment verification letter provides evidence of both current employment and income.
Please note that an employment verification letter is different from an offer letter. An offer letter proves that employment was offered and an employment verification letter proves that employment is ongoing.
The employment verification letter is needed in addition to tax returns, pay stubs, and other financial documents. It is meant to strengthen the case by supporting the sponsor’s claim that they are able to provide adequate financial support to the applicant.
The sponsor and, when applicable, any joint sponsor on a green card application will need to provide an employment verification letter. If the applicant is using their qualifying income to help meet the income requirements, they too will need to include an employment verification letter. The letter(s) will be required as evidence for Form I-864.
The employment verification letter should be issued by the company's HR department or the direct supervisor of the sponsor.
The letter should be on official company letterhead.
If you need some help getting started, click here to download a copy of our employment verification letter template.
When going through the Simple Citizen process, the system will let you select that you are self-employed. It will then ask you a series of questions about your income, job description, and dates of self-employment. The answers to these questions will replace the need for an employment verification letter with a list of new required documents.
If you have more than one job, you will need to include an employment verification letter for each job that you are currently employed at. You will then add the combined income values on all forms as the total annual income in the questionnaire.
If you just started your job, adding the original offer letter as well as an employment verification would be the best way to illustrate your current employment to USCIS. USCIS is less likely to accept a sponsor’s documentation as sufficient if they started the job recently. Adding an Employment Verification letter with a statement of prospect of future employment (ie. a statement saying that the company anticipates you working there for an extended amount of time) can help improve your odds.
Since the overall goal of the employment verification letter is to prove that you are currently employed, you want to make sure the letter is as current as possible. As a best practice, your letter should be dated no more than 2-3 months before your application submission date.
If you are paid hourly, you will want to have the author of the letter add your hourly rate and average hours worked each week. If your employer does not include an estimate of your annual income in the letter, best practice would be to also upload a signed conversion letter showing the math used to calculate your annual income.
“Date
Dear USCIS officer, as shown on the employment verification letter, my hourly pay is _X_ dollars an hour and I work an average of _X_ hours each week.
[hourly pay] x [avg weekly hours] x [52 weeks/year] = a calculated estimated annual salary of _X_.
Name
Signature”
Understanding current annual income, why it's needed, and how to calculate it.
The current annual income is the projected amount that a sponsor, and when applicable, joint sponsor, will earn that calendar year. Current annual income is calculated before any tax or other deductions and is sometimes referred to as gross income. Tax documents are not used to find the figure for current annual income as they are from a previous year and may not reflect financial changes. The current annual income helps support the claim to USCIS that the sponsor, and when applicable, joint sponsor, meet the financial requirements. The reported current annual income should match the salary figure listed on the employment verification letter (EVL).
The current annual income will be your total annual salary. This should be stated on your employment verification letter and reflect on your pay stubs. Please note that bonuses or commission should not be included in this figure because they may not always be consistent.
Hourly employees will need to calculate their annual income by multiplying their hourly wage by the average number of hours they work each week. Then, multiply that number by the total number of weeks in a year (52).
Sponsors that have more than one job should calculate the current annual income for each job individually and then add them together. The total amount is what the sponsor will enter as their annual income. Please note that you will need to provide an Employment Verification Letter and 6 months of paystubs for each job referenced.
If the individual is self-employed and does not work consistent weekly hours, they can estimate their income by calculating their monthly average using their net individual (not business) income for the year so far divided by the number of months in the year that have passed multiplied by months.
If possible, it is best for your employer to include your annual salary in your employment verification letter. If you are paid hourly, you will want to ask that they include your hourly pay rate and your average hours worked each week. Be sure to add a separate conversion letter that contains the following conversion equation to show USCIS how you calculated your annual income.
Annual income is the raw income that someone makes before any kind of deductions. Total income (reflected on the 1040 Tax Return and W-2 Form) is the net income that is calculated after all withholdings are accounted for. Please note that when listing your previous tax income history, you will use the total income amount from each tax return. However, for the current annual income, you will want to list your annual income, not your total income.
Letters of support are statements by friends and family that help support the validity of the marriage
Last Updated: January 15, 2020
In marriage-based green card cases, USCIS is looking for evidence of a bona fide marriage. A bona fide marriage is another way of saying a real marriage, entered into in good faith. It is important to prove to USCIS that your marriage is genuine since they are on the look out for fraudulent marriages. Essentially, they want to make sure that an applicant married the petitioner for love and not in pursuit of a marriage-based immigration benefit.
One type of evidence that USCIS allows you to include to help prove that your marriage is legitimate is Letters of Support. Letters of support are statements written by friends and family of the couple that help to demonstrate the validity of the marriage. While letters of support do not replace more concrete evidence such as joint assets or a shared address, they help build up the credibility of the marriage. For that reason, applicants can include some in the Relationship Evidence section of their application to further strengthen their application.
A letter of support can be written by anyone who has known the couple from before marriage to present time. The writer should be familiar with the couple’s relationship. Examples of people who could write a letter of support include:
The letter is the writer’s opportunity to explain their experiences with the couple. Each letter of support should be unique. However, there are things that each letter should contain, such as::
Though USCIS has not officially stated how many letters of support should be included, our partner attorneys recommend that each case include around 3-5 letters of support. Each letter should be unique in both content and style of writing.
The letters do not need to be notarized. However, it is helpful to include a statement that swears to the validity of the letter such as, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”
No, the writer does not have to be a U.S. citizen or even living in the United States.
If the letter is in a language other than English, you will need to include a translation of the letter into English along with the original letter. It does not need to be a certified translation, but the translator should include a signed, written personal statement that they are fluent in both languages and that the translation appropriately reflects the document. Here’s an example of what that could look like:
Date
I (the translator’s full name), certify that I am fluent in English and have translated (list the specific documents here) from (language) into English as completely and accurately as possible. I’ve attached both the copy of the original document and the translation here.
Sincerely,
Full Name
Physical Mailing Address
Signature
Calculating Current Annual Income- Multiple Jobs in a Calendar Year.
Last Updated: October 5, 2022.
When reviewing your annual income, USCIS will consider not just a sponsor’s current income, but also how long they have been with their current employer and how much they will make throughout the current year. Because of this, if a sponsor has had multiple employers during the current calendar year many people find the most success with USCIS when they report not just their current job’s income, but also their projected income for the calendar year based on both past and current jobs. This projected income should be as accurate as possible and should be supportable with evidence.
Note: When determining annual income, USCIS only considers an individual’s base salary. Overtime, bonuses, stipends, tips, commissions, or other irregular sources of income are not guaranteed to be paid and will not be considered by USCIS.
We know this can be complicated so we are here to help give you examples and guide you through the process.
To calculate their annual income the sponsor will list all jobs they have held throughout the current calendar year and determine what their year-to-date earnings were for each of their jobs. If they have multiple current jobs they can all be added in this list of jobs. Then, they will calculate how much they anticipate earning with their current job from their start date to the end of the year.
Sarah has had 3 different jobs during the current calendar year.
Job #1: Sarah was at this job from January - April: Her last pay stub showed a year to date income of $7,040.
Job #2: Sarah was at this job from June - August: Her last pay stub showed a year to date income of $5,600.
Job #3 (Current): Sarah started this job in September. She makes $15 an hour and works an average of 15 hours a week. From the time Sarah started her job to the end of the year there are 17 weeks in the year. Sarah can calculate her projected income at this job by multiplying her weekly average earnings ($15 x 15 hours = $225 weekly) by the 17 weeks she will work at this job in the year. This makes her project income $3,825.
To calculate annual income Sarah will then add those job positions together to calculate her current annual income.
$7,040 + $5,600 + $3,825 = $16,465
Here is a sample projection letter that can be used to clearly map out this income for USCIS so they can see how this income was calculated. At the bottom of this article there are links to PDF and a Docx versions of this template letter.
In addition to creating a letter that projects their income following the above sample, the sponsor can also add proof of income for all jobs added from the year.
USCIS wants to see proof of the reported annual income. Here is what our partner attorneys recommend:
Understanding some of the basics for bringing an interpreter to USCIS interviews.
An applicant (also referred to as a "beneficiary") may not be fluent in English and may require the use of an interpreter at the adjustment interview.
At the adjustment interview, the interpreter should:
In general, a disinterested party should be used as the interpreter.
The USCIS officer conducting the interview may exercise discretion, however, to allow a friend or relative of the applicant to act as interpreter. If the officer is fluent in the applicant’s preferred language, the officer may conduct the examination in that language without use of an interpreter.
USCIS reserves the right to disqualify an interpreter provided by the applicant if the officer believes the integrity of the examination is compromised by the interpreter’s participation or the officer determines the interpreter is not competent to translate.
Information about translations, certified and self-translated.
USCIS applications often require that the applicant submit documentation to support and verify information in their application. All documents submitted as part of an application must be in English, or, if in another language, translated into English.
The Code of Federal Regulations (8 CFR 103.2(b)(3)) states that any document containing a language other than English must include a full English translation by a certified translator. The translator must certify that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.
Does this mean you need to hire a professional translator, or pay for a third-party translation service online? Not necessarily! The information below outlines which documents need to be translated and who can translate them, as well as explains the translation services offered by SimpleCitizen at no extra cost to customers.
USCIS requires that your documents be translated by an individual or organization that is competent in both English and the language in which the document is written.
Some documents, like official government-issued documents required to be included with an application (e.g., birth certificates, marriage certificates, etc.), must include an official, certified translation. A company commonly used by SimpleCitizen customers is RushTranslate. However, feel free to shop around to find the certified translation service that best meets your needs, timeline, and budget.
Other documents, like relationship evidence (hand-written cards, text messages, social media posts, etc.) can be self-translated. This means that the beneficiary or the petitioner of an application may translate a document into English, as long as they include a signed certificate of translation as described below.
For self-translations, the person translating the document must certify that:
This can be done through a separate letter attached to the translation. This letter must include the translator’s full name, physical mailing address, signature, and the date the translator wrote the letter. It is recommended that this letter is typed, and not handwritten.
Applicants who need to translate their own documents (i.e, relationship evidence like text messages, cards from friends/family, travel itineraries, etc.) will need to certify that they are fluent in both English and the language the document is written in. Below is an example template of a certified translation letter. This letter can be included with the translation in order for the translator to certify that they are competent to translate the foreign language in the document to English.
I, [translator’s name], certify that I am fluent (conversant) in English and [foreign language], and that the attached translation is an accurate translation of the attached document entitled [name of document].
[Translator’s Signature][Translator’s Typed Name][Date][Address]
SimpleCitizen packages include translations of all official, government-issued documents required for your application (birth certificates, marriage certificates, final divorce decrees, police records, etc.) by an authorized translation service with an official certificate of translation. This service is offered with your application package at no additional cost!
SimpleCitizen’s translation service is able to translate official, government-issued documents that are required for your application. However, our translation service cannot translate relationship evidence (hand-written cards, text messages, social media posts, etc.) Please see the “Who can translate a document?” section above for information about how to self-translate relationship evidence documents!
Due to HIPAA regulation, SimpleCitizen is also unable to translate vaccination records and other medical documents for the Form I-693 (Report of Medical Examination and Vaccination Record). However, if your vaccination records are not in English, please note that they will need a certified, official translation in order to submit them for the medical exam. Reputable online translation services like RushTranslate are great resources for translating your vaccination records!
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This article provides information about the basic vaccination requirements for immigrating to the USA.
Last Updated: March 20, 2025.
As you may already know, applying to immigrate to the United States requires a medical examination with a USCIS certified doctor. To learn more about this medical examination and it’s Form I-693, Report of Medical Examination and Vaccination Record, read our article here. It serves as a precursor to this article.
Part of the medical examination requires doctors to check that you are up-to-date on all vaccinations designated as mandatory by USCIS and CDC. This article provides information about the basic vaccination requirements for those hoping to immigrate to the United States as well as describes what actions are required to opt-out of these requirements. For further information on vaccination requirements, check out some of the FAQ’s on the USCIS website.
Under US immigration law, all immigrants, including those seeking permanent resident status, are required to receive vaccinations to prevent the following diseases:
The influenza vaccination requirement is unique in that it is only required during the flu season since it is strain-specific and only available for a limited time each year. For the purposes of the Form I-693, the flu season is considered to be from October 1st - March 31st. If applying during this window, the influenza vaccination is required.
Remember to bring your up-to-date vaccination history with you to your appointment.
If you have lost or misplaced your vaccination history, contact your doctor or public health clinic to see if they have a copy. You can also contact your state’s health department if you are living in the United States to see if they keep vaccination records. For children, check with previous schools or daycares as they may have a copy as well.
During your appointment, the civil surgeon or panel physician will review your vaccination history with you to determine whether or not you have received all of the required vaccinations. This is why it is so important to remember to bring an official record of your vaccination history with you to your appointment. The results of this evaluation will be recorded on your Form I-693.
If you are up to date on the required vaccines, no additional vaccines will be required at the time of the medical exam.
If you are not up-to-date on all of the required vaccinations, don't worry! The civil surgeon or panel physician can often provide them and can help you determine which ones are appropriate for you. You also have the option to ask your family doctor to administer the required vaccines to you after your evaluation. If you choose the latter option, you will need to show the records of these vaccinations to the civil surgeon or panel physician to note on Form I-693 in order to complete the form prior to submitting it to USCIS.
Additionally, some of the required vaccine series require months to years to complete. This can make it difficult for applicants to receive all required vaccinations prior to adjustment of status or immigration. For many of these USCIS only requires that you have at least one dose of each age-appropriate vaccination listed as mandatory.
Some people may not be able to get vaccinated — or may need to wait.
The day of your appointment, tell your doctor if you:
While USCIS does not charge a filing fee for Form I-693, fees for the medical examination are set and charged by the doctor administering the test. Usually these examination fees range from $100 to $500. You can shop around to find the best price. In addition to the examination fee, you will also need to pay for any additional vaccinations needed to meet USCIS requirements.
As can be expected, the costs of these vaccinations will depend largely on how many and which vaccinations you need. It will also depend on the country in which you are getting vaccinated, the clinic you are attending, and what type of health-insurance you have. You can expect to pay anywhere from $25-$150 for each vaccination before insurance is factored in. Clinics often list which vaccinations they carry and how much they charge, so feel free to shop around for the best price!
There are a wide variety of reasons why someone may not have or may not wish to receive certain vaccinations.
Individuals can be exempted from immunization requirements for reasons such as age, health, pregnancy, as well as their moral convictions and religious beliefs. To find a more detailed list of potential exemptions, check out this list from the USCIS.
Some people qualify for something called a “Not Medically Appropriate” exemption, often referred to as a blanket waiver. According to the USCIS website, this applies to:
If you meet one or more of these criteria, the civil surgeon or panel physician will indicate this on the Form I-693 and USCIS can then waive that requirement.
A separate waiver application is not required for these specific exemptions. In other words, no additional form is needed for an officer to grant a blanket waiver for the vaccination requirement.
To learn more about vaccination requirements for pregnant women, see the CDC’s "Guidelines for Vaccinating Pregnant Women" page. For more detailed information regarding age-specific vaccinations, check out the CDC’s information on age requirements.
For exemptions that do not meet the “Not Medically Appropriate” criteria, an individual must file a separate waiver application. This specifically applies to those who object to required vaccinations because of sincerely held moral convictions or religious beliefs. The required waiver is Form I-690, Waiver of Grounds of Inadmissibility. If you plan to apply for this waiver, inform your civil surgeon or panel physician.
Please note that I-690s have a higher rejection rate. If denied, USCIS will require you to complete the medical exam which could delay the approval of your case.
This form is used to apply for a waiver of inadmissibility. It can be used by applicants for a number of reasons, including to waive the vaccination requirements. This waiver of the vaccination requirement is specific to those who wish to be exempted due to moral convictions or religious beliefs. For additional information on this form and its potential uses, refer to this USCIS web page. This link also provides you access to the PDF version of form I-690.
As of September 2021, the filing fee for this waiver form was $715.00 usd.
USCIS, in consultation with CDC, has established the following requirements that an applicant has to demonstrate through documentary evidence to qualify for this exemption:
Evidence of these religious beliefs or moral convictions may be established in two primary ways:
The minimum requirement is that you include a personal statement describing the reasons behind your objection. Make sure you include enough information in your statement to adequately demonstrate that you meet the three criteria listed above.
An example of supporting evidence would be providing evidence of regular participation in a congregation by submitting affidavits from congregation members or evidence of regular volunteer work.
When you file this form you must submit all evidence and supporting documentation required. You will also need to include the filing fee of $715.
Print the PDF and fill by hand with black pen.
Find a legal professional to complete the form.
For additional information on your medical examination and form I-693, refer to our article How to Complete a Medical Examination.
If you need help or have questions about vaccination requirements, exemptions, or Form I-690, please leave a comment or reach out to our team and we’ll get back to you shortly.
Let’s look at the most common RFEs that USCIS issues and how to avoid receiving one.
Last Updated: February 11, 2025.
When USCIS needs more information for a case they issue what is called a “Request for Evidence” or an RFE, as they are commonly called.
While these requests are issued on a routine basis and are just USCIS’s way of collecting more information, we understand that they can add stress to your process. Let’s look at the most common RFEs that USCIS issues for Family-Based green card applications and how to avoid receiving one.
SimpleCitizen is designed to help simplify the process of gathering required information and documents and strengthening applications overall. All applications include an independent attorney review of the information and evidence that has been added, and our case support teams
are trained to assist our customers as they work to implement the attorney’s feedback. This feedback is intended to help reduce the risk of Requests for Evidence (RFEs) and other delays with USCIS. While there is always some risk of an RFE, we work hard to reduce that risk whenever possible.
If you have received an RFE, please look at our Article “Request for Evidence (RFE)? What To Do”. If you are an existing customer, you can also reach out to our LiveChat support or to your SimpleCitizen case support team if you have additional questions or concerns!
Sending the incorrect birth certificate is one of the most common mistakes applicants make. USCIS will not accept just any birth certificate. They require a long-form certificate that contains information about at least one parent. In addition, USCIS only accepts certain versions of birth certificates from each country. To find which version is accepted from each country, you can visit the Department of State Reciprocity Schedule.
Additionally, if your birth certificate, or other official documents, are not in English, USCIS requires that a certified translation is included, along with the certificate of translation. Failure to include both a copy of the original document and its certified translation is likely to result in an RFE.
Any documents submitted to USCIS, both required documents and documents submitted to support the application, must either be in English or include an English translation.The translation should include a certificate from the translator stating that the translation is complete and accurate. It should also include the translator’s contact information and signature. Neither the petitioner or beneficiary can complete their own translations.
SimpleCitizen is happy to provide certified translations for all USCIS required documents for our customers at no additional cost! However, if there are non-required documents, such as items for relationship evidence, that are not in English, a self-translation would also be accepted. For more information on translations, please see our article here.
NOTE: Make sure when you submit your translations to USCIS that you also include a copy of the original document. Only adding the translation could result in an RFE.
Forgetting to add a required document is also a common reason why an RFE may be issued. Each case has unique document requirements that depend on the details included in their application. For this reason, please make sure to carefully check what documents are needed for your particular circumstances. Commonly missed documents could include divorce decrees or death certificates from all previous marriages, proof of U.S. citizenship or Legal Permanent Residence, and/or photo ID, and court-certified documents. SimpleCitizen guides our customers on exactly what documents their case needs. Click here to start your application.
In order to act as a sponsor you must have filed a tax return for the most recent tax year. Failing to include a copy of the full Tax Return 1040 OR Tax Return Transcript for the most recent tax year increases the chance of being issued an I-864 greatly. Please note that this is true even if the sponsor submits proof of a tax extension. Tax Returns are required regardless of whether or not a tax extension has been issued and the sponsor will be very likely to later get an RFE requesting proof that the Federal Tax Return has since been filed.
If a sponsor was not required to file taxes due to making less income than the specified requirements, an explanation must be included in the application. Something to consider here, however, is that USCIS has been extremely picky about income history recently. Not meeting the income requirement in the previous tax year also greatly increases the chance of being issued an RFE.
Another time RFEs are commonly issued for this reason is on/near the tax deadline of April 15th. If you are submitting near this date and do not submit the Federal Tax Return from the most recent tax year there is a risk of an RFE being issued. This is because if you are submitting near tax day there is a chance USCIS may not review the paperwork until after April 15th and may require additional evidence and request the newest tax return. This risk can be lessened by adding the newest tax year’s return when you are submitting close to the tax deadline.
USCIS prefers to receive copies of the IRS Tax Return Transcripts whenever possible. These are free to request on the IRS’s website, after providing valid identification. You can request these here. If you are planning on including IRS Transcripts, please make sure to select the correct one as USCIS will not accept the IRS Wage and Income Transcript, nor the Account Transcript for immigration sponsorship purposes.
If the IRS Tax Return Transcripts are not available for any reason, USCIS will also accept the Form 1040, which is commonly referred to as your Federal Tax Return. If you are providing USCIS with the Tax Return instead of the IRS Tax Return Transcript you will be required to provide all pages of the 1040 and any Federal Tax Schedules or Forms that were included when you filed the taxes with the IRS. In addition, any W-2s or 1099s associated with the tax return should be included. One common mistake is only adding W-2s or 1099s from a current job and not all other jobs held in the tax year. When submitting this information double check that all documents have been added.
*Please note that State taxes documents are not required and should not be included.
If you filed taxes based on income from self-employment or other forms of income such as investments, scholarships, grants, etc, you should have filed at least one of the following schedules with your tax returns: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.
Your copy of the tax return form can show you if any schedules or supporting documents were used when the tax return was originally filed. Depending on which lines of your tax returns were filled out, supporting documentation may be needed!
Typically line 1 on the first page of the 1040 form shows the wages that were reported on the 1040 and can be a guide to make sure all W-2s or 1099’s are added to provide proof of those wages. These documents are generally provided through an individual's employers at the beginning of each new year.
The additional lines highlighted in red can also be a guide to see if any Federal Schedules were used to file your taxes. If there are totals in those spots, USCIS will require you to submit any supporting documents available!
As a reminder: Sponsors are required to submit all supporting tax documentation submitted to the Internal Revenue Service for the most recent tax year. Supporting tax documents can include W-2s, 1099s, Form 2555, and all tax schedules to report various types of income that have been reported to the IRS for each year. Forgetting to add one of these documents is very likely to result in an RFE.
The Form I-864, Affidavit of Support, is filed to show that the intending immigrant will be supported financially in the U.S. This is done by showing that the petitioner or a joint sponsor makes an income of 125% of the poverty line for their household size. You can see USCIS’s breakdown of these income requirements based on the current year here.
USCIS always highly scrutinizes proof of income, but especially if the income is close to the required income. In these cases a detailed letter from the employer confirming the employment and six months of pay stubs showing consistent income can help, but in some circumstances a joint sponsor may also be necessary. For more information on Employment Verification Letters, please see this article.
In addition, USCIS instructions state that assets can be included to help meet the income requirements. The I-864, Affidavit of Support Instructions provide the following information for including assets in the application:
“If your Current Annual Household Income is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size, you do not need to [include assets]. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.
Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset” (Italicized and underlined formatting has been added by SimpleCitizen).
If a sponsor or applicant cannot provide sufficient evidence of their claimed assets, including them in the application may increase the risk of an RFE.
Please note: USCIS adjudicating officers are increasingly issuing RFEs for sponsors that use assets to help meet the income requirement. For this reason, many customers choose to add a Joint Sponsor instead of assets when they do not meet the income requirement.
Similarly to the previous point, we have seen an increase in scrutiny against self-employed and retired joint sponsors. If USCIS feels that the income from self-employment, or retirement, is not stable enough to sponsor an immigrant long-term or that not enough evidence of income has been provided, they are very likely to send an RFE requesting a different joint sponsor.
If you are wanting to include income from someone who is self-employed, additional documentation can help to make a stronger case. The evidence provided with the I-864 is to help establish that the income requirements are clearly and consistently met. Including this additional documentation can help in making it clear to USCIS that the self-employment is sufficient for their requirements.
Here are some of the potential documents for Self-Employed sponsors and joint sponsors:
Similarly, if you are wanting to include income from someone who is retired, here are some potential documents to help make their case stronger:
Please note: These lists are general recommendations that can help reduce the risk of an RFE. However, they do not guarantee that these types of sponsors will be accepted by USCIS and documentation will vary on a case-by-case basis based on their individual employment situation. Each application is adjudicated by an assigned USCIS officer, and the approval of them is largely up to the officer’s individual discretion.
We have seen customers find the most success when their relationship evidence is extensive and varied. If a benchmark would be helpful for you, it could be useful to aim for approximately 100-200 pieces of evidence with approximately 10-15 different evidence types spanning the full duration of the relationship.
Evidence we have seen be preferred by USCIS for customers in the past includes the following:
Remember, a large portion of the Marriage-Based Green Card application process is designed to prove that you and your US Citizen (or Legal Permanent Resident) spouse are in a legitimate relationship. . If USCIS does not feel that you provided enough evidence for them to make that judgment, then they will request more, either by an RFE letter in the mail, or at the interview.
Occasionally, applicants will receive an RFE for the Form I-693, Report of Medical Examination and Vaccination Record if they chose not to submit it at the time of their initial submission. In the past, we have seen this be a common indicator for when USCIS may be waiving an interview.
To complete a medical exam, applicants must go through a licensed Civil Surgeon. You can find one closest to you here.
There is no set price for the medical exam -- each doctor's office determines their own fee so it can be good to "shop around" and call multiple offices in your area to compare the prices and wait times. For example the fees for the same exam can often range anywhere from $175 to $950.
Here is some information about completing the medical exam that may be helpful for you!
For USCIS Form Instructions on completing Form I-693, Medical Exam, read here.
Please note: If you have received a Deficiency Notice for the Form I-693, Report of Medical Examination and Vaccination Record, a response is not required at that time. Deficiency notices are a courtesy reminder to applicants who chose not to submit the completed medical exam when they originally filed their application with USCIS. It will typically inform you that no response is needed, but that the medical examination should either be submitted at the time of the interview or when an RFE is issued for the exam.
We hope this guide was helpful in determining what you can do to reduce the risk of receiving an RFE from USCIS!
As a final note, it is also important to know that not all RFEs are a bad thing. In the past, we have seen USCIS send out RFEs in order to determine if an interview might be waived for a case, which can help reduce the overall processing times as well! At the end of the day, RFEs are completely normal. That being said, responding to any request for evidence as soon as possible is critical to the overall processing of your application.
If you have any additional questions or concerns, please feel free to reach out to us directly on our Live Chat.
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