Navigate Form I-130 with our easy guide! Learn who can sponsor relatives for a green card, and how to start the process.

If you're a U.S. citizen or a Lawful Permanent Resident (a.k.a. green card holder) wanting to help a close family member get a green card, Form I-130, Petition for Alien Relative, is most likely where you’ll want to start. It’s basically a way to say to the U.S. government, "Hey, this person is my relative, and I will vouch for them to get a green card."

This guide will walk you through what Form I-130 is for, who can file it, who can be sponsored, what you’ll need, and what happens after you send it in.

Disclaimer: This article is for educational purposes only and is not a substitute for legal advice from a licensed immigration attorney.

What's the Main Goal of Form I-130?

The whole point of Form I-130 is to prove to U.S. Citizenship and Immigration Services (USCIS) that a valid family relationship exists between you (the petitioner) and your relative (the beneficiary) who wants to immigrate. An approved I-130 doesn't guarantee a green card, but it’s the critical first step that gets them a place in line.

Who Can File Form I-130? (The "Petitioner")

To file Form I-130 for a relative, you (the petitioner) must be either:

• A U.S. Citizen
• A Lawful Permanent Resident (LPR), also known as a green card holder.

Your status will determine which relatives you can petition for.

Which Relatives Can You Sponsor with Form I-130? (The "Beneficiary")

This is where your status as a U.S. citizen or LPR really matters:

If you are a U.S. Citizen, you can file Form I-130 for your:

• Spouse
• Children (unmarried and under 21)
• Unmarried sons or daughters (21 or over)
• Married sons or daughters (any age)
• Parents (if you, the U.S. citizen petitioner, are 21 or older)
• Brothers or sisters (if you, the U.S. citizen petitioner, are 21 or older)

If you are a Lawful Permanent Resident (LPR), you can file Form I-130 for your:

• Spouse
• Unmarried children (under 21)
• Unmarried sons or daughters (21 or over)

Important Note on "Immediate Relatives": For U.S. citizens, spouses, unmarried children under 21, and parents are considered "immediate relatives." This is great because there are no annual limits on visas for immediate relatives, so they generally don't have to wait for a visa to become available after the I-130 is approved (though processing times still apply). Other categories (like siblings or adult children) are "preference categories" and often have waiting times determined by the Visa Bulletin.

Relatives Who Generally CANNOT Be Sponsored Directly Through Form I-130

It's also good to know who you can't directly petition for with an I-130:

• Grandparents
• Grandchildren (unless specific adoption laws apply or through a different process after their parent immigrates)
• Aunts or uncles
• Nieces or nephews
• Cousins
• In-laws (father-in-law, mother-in-law, etc.)

These relatives might be able to immigrate through other means, perhaps if another eligible relative petitions for them.

How Much Does It Cost to File Form I-130? (As of May 2025)

As of May 30, 2025 (and always double-check the official USCIS website before filing as fees can change):

• Filing Form I-130 online: $625
• Filing Form I-130 by paper (mail): $675

Remember, this fee is non-refundable, even if your petition is denied.

Key Documents You'll Need to File Form I-130 

The exact documents depend on your status and the relative you're petitioning for, but here's a general checklist of what you'll likely need to gather:

• Proof of Your Status (the Petitioner):
  
  • If U.S. Citizen: A copy of your birth certificate (if born in the U.S.), Certificate of Naturalization, Certificate of Citizenship, U.S. passport biographical page, or Consular Report of Birth Abroad.
  • If Lawful Permanent Resident: A copy of your Green Card (Form I-551, front and back) or a copy of your foreign passport with the stamp showing temporary evidence of LPR status.
• Proof of the Beneficiary's Identity and Nationality:
  
  • A copy of their birth certificate.
  • A copy of their passport biographical page.
• Proof of the Qualifying Family Relationship: This is super important!
  
  • For a Spouse:
    
    • A copy of your marriage certificate.
    • Proof that any previous marriages for either of you were legally terminated (e.g., divorce decrees, annulment documents, or death certificates).
    • Evidence of a bona fide (real) marriage (e.g., photos together over time, joint bank account statements, joint leases or mortgages, birth certificates of children you have together, affidavits from friends/family).
  • For a Child/Parent:
    
    • A copy of the child's birth certificate listing you (and/or your spouse, if applicable) as the parent.
    • If petitioning for a parent, your birth certificate showing their name(s).
    • If petitioning for an adopted child or adoptive parent, adoption decrees and other relevant legal documents.
    • If petitioning for a stepchild or stepparent, marriage certificate proving the marriage that created the step-relationship occurred before the child turned 18.
  • For a Sibling:
    
    • Your birth certificate and your sibling's birth certificate showing you have at least one common parent.
    • If you have different last names or only one common parent, you might need additional documents like marriage certificates of parents or adoption papers.
• Passport-Style Photos: Sometimes required for you and/or your relative, especially if filing for adjustment of status concurrently or for consular processing later. Check the specific I-130 instructions.
• Name Change Documents: If either you or your relative has legally changed names (e.g., through marriage or court order), provide copies of those documents.
• The Completed Form I-130: Make sure it's the latest edition from the USCIS website, signed and dated.

Always check the most current Form I-130 instructions on the USCIS website for the definitive list of required documents for your specific situation.

How to File Form I-130: The Basic Steps

1. Complete Form I-130: Fill it out accurately and completely. You can type it or hand-write your answers (legibly!) in black ink. 
2. Gather Your Supporting Documents: Collect all the necessary documents from the checklist above that apply to your situation. Make sure you have clear copies.
3. Pay the Filing Fee: Pay the correct fee (As of June 2025, $625 for online, $675 for paper, as of this writing).
4. File Your Petition:
   
   • Online: You can file Form I-130 online through a USCIS online account for most categories. This is often the preferred method.
   • By Mail: If filing by paper, mail your completed Form I-130, the fee, and all supporting documents to the correct USCIS Lockbox facility address listed in the form instructions.

Crucial Tip (Newer Requirement): When you file, you must clearly indicate whether your relative will apply for their immigrant visa at a U.S. consulate abroad (consular processing) or if they are in the U.S. and will apply to adjust their status to a green card holder (adjustment of status). 

What Happens After You File Form I-130?

Once USCIS receives your I-130 petition, here’s a general idea of what to expect:

1. Receipt Notice: You'll get a Form I-797C, Notice of Action, confirming they've received your petition. This will include a receipt number you can use to track your case status online.
2. Review for Completeness: USCIS will check if your petition is properly filed with the required initial evidence and fee.
3. Biometrics Appointment: This is generally not required for the petitioner of an I-130, but may come later for the beneficiary in subsequent steps.
4. Request for Evidence (RFE): If USCIS needs more information or documents, they'll send you an RFE. Respond to it promptly and thoroughly.
5. Interview (Maybe): While not always required for I-130 petitions themselves, USCIS might schedule an interview, especially for marriage-based petitions, to verify the authenticity of the relationship.
6. Decision (Approval or Denial):
   
   • If Approved: Great! This means USCIS agrees you have a qualifying relationship.
     
     • If your relative is outside the U.S. (or will be consular processing), USCIS sends the approved petition to the Department of State's National Visa Center (NVC). The NVC will then contact your relative to begin the immigrant visa application process.
     • If your relative is inside the U.S. and eligible, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, to get their green card without leaving the country. This depends on visa availability (check the Visa Bulletin!).
   • If Denied: USCIS will send a letter explaining the reasons. You may have options to appeal or file a motion to reopen/reconsider, or you might need to refile.

How Long Will It Take? (I-130 Processing Times)

Processing times for Form I-130 sadly vary quite a bit, from several months to over a year (or even longer). How long the processing takes depends on the petitioner's status (U.S. citizen or LPR), the relationship category, the specific USCIS service center handling the case, and their current workload.

You can check estimated processing times on the USCIS website, but remember these are just estimates.

Form I-130 in Action: Meet Maria and Luis (A Fictional Example)

Let's imagine a person named Maria, a U.S. citizen living in California, who recently married Luis. Luis is currently living in his home country, Mexico. Maria wants to bring Luis to the United States to live with her permanently.

Here’s a simplified look at how Maria might use Form I-130:

1. Maria Gets Started (The Petitioner):
   
   
   
   • As a U.S. citizen, Maria is eligible to petition for her spouse, Luis.
   • She goes to the official USCIS website and downloads the latest edition of Form I-130 and its instructions.
2. Filling Out Form I-130 and Gathering Documents:
   
   
   
   • Maria carefully fills out Form I-130, providing all the required information about herself and Luis.
   • She indicates that Luis will be applying for his immigrant visa at a U.S. consulate in Mexico (this is "consular processing").
   • She gathers her supporting documents. For her and Luis, this would include:
     
     • A copy of her U.S. birth certificate (to prove her U.S. citizenship).
     • A copy of their official marriage certificate.
     • Proof that any previous marriages for either of them were legally ended (luckily, this is the first marriage for both).
     • Evidence that their marriage is genuine (bona fide), not just for immigration purposes. This might include photos of them together over time, correspondence, travel itineraries from visits, and maybe affidavits from friends or family who know them as a couple.
3. Paying the Fee and Filing:
   
   
   
   • Maria checks the current USCIS filing fee for Form I-130. As of May 2025, if she files online, it's $625.
   • She decides to file online through her USCIS account, uploads her completed Form I-130, all the supporting documents as clear digital copies, and pays the fee.
4. What Happens After Maria Files:
   
   
   
   • Receipt Notice: Soon after filing, Maria receives an official receipt notice (Form I-797C, Notice of Action) from USCIS. This notice includes a receipt number, which she can use to track the status of her I-130 petition online.
   • Processing: USCIS will review her petition and documents. In some cases, they might issue a Request for Evidence (RFE) if they need more information, or they might schedule an interview (though less common for straightforward I-130s where the beneficiary is abroad). Let's say Maria's package was complete and clear.
   • Approval! After some months (processing times vary!), Maria receives great news: her Form I-130 petition for Luis is approved! She gets an approval notice from USCIS.
5. The Next Steps for Luis:
   
   
   
   • Because Luis is in Mexico and will be processing his immigrant visa there, USCIS sends the approved I-130 petition to the U.S. Department of State's National Visa Center (NVC).
   • The NVC will then contact both Maria and Luis to begin the next stage. This involves paying more fees (for the visa application and affidavit of support), submitting additional forms (like the DS-260, Immigrant Visa Application for Luis, and Form I-864, Affidavit of Support from Maria), and providing civil documents.
   • Once all that is processed by the NVC, Luis will eventually be scheduled for an interview at the U.S. embassy or consulate in Mexico. If his interview is successful and he meets all requirements, he'll receive his immigrant visa to come to the U.S. and become a lawful permanent resident.

Important Note: This is a very simplified example to illustrate the basic I-130 journey for a U.S. citizen sponsoring a spouse abroad. Every case is unique, required documents can vary, and processing times can change significantly.

Filing Form I-130 is a significant step in helping your family member immigrate. By understanding the requirements and preparing your petition carefully, you can help make the process as smooth as possible.

‍

Are you applying for a green card while living outside the U.S.? This comprehensive guide covers everything you need to know about consular processing for a marriage-based green card. Follow these steps to navigate the process and reunite with your spouse in the United States.

Understanding Consular Processing for a Marriage-Based Green Card

Consular processing is the method used to apply for a green card when you are outside the U.S. This is essential for foreign nationals married to U.S. citizens or green card holders who want to live permanently in the U.S. The process involves several stages, starting with the U.S. citizen or green card holder spouse submitting a petition.

Step-by-Step Guide to Consular Processing

Step 1: Filing Form I-130 Petition for Alien Relative

The journey begins with the U.S. citizen or green card holder spouse completing Form I-130 and submitting it to USCIS. This form proves the legitimacy of the marriage.
‍
‍Key Elements of the I-130 Petition

• Proof of the petitioner’s U.S. citizenship or permanent residency.
• Evidence of a bona fide marriage, such as joint bank accounts, photographs, and affidavits from friends and family.
• Check out our guide to the Form I-130

Step 2: USCIS Approves I-130 Petition and Case Transfer

USCIS processes the I-130 petition, which can take several months. Once approved, the case is transferred to the National Visa Center (NVC), which is part of the U.S. Department of State. The NVC assigns a case number to the application and begins pre-processing.

Step 3: Paying Fees and Submitting Affidavit of Support

Next, the petitioner pays the required fees and submits Form I-864, the Affidavit of Support. This form is a legally binding document where the U.S. spouse agrees to financially support the immigrant spouse.

Step 4: Submitting Civil Documents

The NVC will request various civil documents, including, but not limited to:

• Birth certificates
• Marriage certificates
• Police clearance certificates from countries where the applicant has lived for six months or more
• A copy of the applicant’s passport

Step 5: Completing DS-260 Immigrant Visa Application

The applicant fills out the DS-260 form online, providing personal details, marital information, and any previous immigration history. After submitting the DS-260, applicants receive a confirmation page to bring to the consular interview.

Step 6: Interview Scheduling

Once the NVC is satisfied with the provided documents, it will schedule an interview at the U.S. Consulate or Embassy. The wait time varies by location.

Step 7: Attending the Medical Examination

Before the interview, the applicant must complete a medical examination by an authorized physician. The results are sent directly to the consulate or brought in a sealed envelope to the interview. Instructions on how, where, and when to complete the medical exam are given to the applicant by the consulate or embassy they are applying through.

Step 8: Attending the Consular Interview

During the consular interview, the applicant will answer questions about their marriage, background, and plans in the U.S.

‍Tips for a Successful Interview:

• Bring the interview notice page, proof of fee payment, and all original civil documents.
• Be ready to discuss the relationship in detail.
• Be truthful and concise in responses.

Step 9: Receiving the Visa and Traveling to the U.S.

If the consular officer approves the application, the applicant receives an immigrant visa, allowing them to travel to the U.S. Upon entry, the applicant is granted permanent resident status. The green card will be mailed to the U.S. address provided shortly after arrival.

Step 10: After Arrival: Obtaining the Green Card

Once in the U.S., the new permanent resident should:

• Apply for a Social Security number, if not already obtained.
• Wait for the green card to arrive by mail.
• Start important activities like obtaining a driver’s license and opening bank accounts.

Required Documents for a Marriage-Based Green Card via Consular Processing

Applicants must provide:

• Birth certificates
• Marriage certificates
• Police clearance certificates
• A copy of the applicant’s passport
• Form I-130 and DS-260 confirmation pages

Average Processing Time for a Consular Process Green Card for a Spouse

Processing times vary but generally range from several months to over a year, depending on the consulate and individual circumstances.

Tips for a Successful Application

• Stay Organized: Keep track of all documents, deadlines, and correspondence with USCIS and the NVC.
• Double-Check Everything: Ensure all forms are complete and accurate before submission.
• Use SimpleCitizen: Our platform offers experienced professionals and powerful software to guide you through the process. We’ve helped people like you for over 10 years. Get started today!
• Seek Professional Help: If the process seems overwhelming, consider hiring an immigration attorney.

Conclusion

Consular processing for a marriage-based green card involves several steps. By understanding each stage and preparing well, applicants can navigate the process successfully and reunite with their loved ones in the U.S. Stay organized, follow instructions carefully, and remember that SimpleCitizen is here to help if you need it. We wish you a smooth and successful journey to obtaining a green card.

Internal and External Links

• Internal Link: Learn more about our services
• External Link: U.S. Department of State: Immigrant Visa Process

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.

What is Form I-485?

Last Updated: Dec 5, 2024

Form I-485, Application to Register Permanent Residence or Adjust Status, is used to either register for permanent legal residence in the United States or adjust to permanent resident status. Adjusting to permanent resident status simply means obtaining a green card (i.e., permanent legal residency) without returning to your home country if you’re already in the United States. 

For family-based and employment-based green card applications, Form I-485 is the second step in becoming a permanent resident, and other forms will either have already been filed or will be filed along with Form I-485. 

When to file Form I-485:

When to file Form I-485 will vary depending on how the individual is eligible for the adjustment of status. Let's look at some of the common situations SimpleCitizen helps with.

Family-Based Applications:

Entered the US on a Fiancé(e) Visa (K Visa): Once the couple has been married after entering on the K visa, they are eligible to file Form I-485 for K-1 visa holders and any K-2 dependents also in the US.
‍Immediate Relatives of US citizens: If the relative is considered an immediate relative of a U.S. Citizen (spouses of citizens, unmarried children (under age 21) of citizens, and parents of citizens 21 years of age or older), they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as the Form I-130.
Non-Immediate Relatives: Any other eligible family-based applications will file Form I-130 and wait for the visa bulletin to indicate their priority date has been reached and that they can continue. At that point, they can file Form I-485.

Employment-Based Applications: 

Employment-based applicants will file Form  I-140 and wait for the visa bulletin to indicate their priority date has been reached and that they can continue. At that point, they will be able to file the Form I-485.

Connected Forms

USCIS has several forms connected to Form I-485, some of which are required and some of which are optional. Here are some of the commonly connected forms:

As mentioned above, at times, Form I-130, Petition for Alien Relative, and Form I-140, Immigrant Petition for Alien Workers, will be filed at the same time as Form I-130.

Form I-693, Report of Immigration Medical Examination and Vaccination Record: Form I-693 is typically a required form. If you are required to submit a complete or partially completed I-693, it MUST be filed concurrently with Form I-485. As of Dec 2, 2024, this form can no longer be submitted to USCIS after submitting Form I-485.

Form I-765, Application for Employment Authorization, is the application to request employment authorization along with the adjustment of status application. This form is optional. 

Form I-131, Application for Travel Document, is the application to request advance parole along with the adjustment of status application. This form is optional.

Form I-864, Affidavit of Support Under Section 213A of the INA, is the form for financial sponsorship. For family-based applications, this is a required form. For some other applications, such as DV lottery-based, employment-based, and asylum-based applications, form I-864 is typically not required (though there may be exceptions).

Form I-485 Supplement J, ​​Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), is required for some employment-based applications. Below you will find additional USCIS information on the use of this supplement. 

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-485 and other connected forms. With our easy-to-use platform and expert guidance, filing Form I-485 has never been simpler. Check your eligibility to Form I-485 with SimpleCitizen.

Learn more about what we do, our application assistance timeline, and what customers say about SimpleCitizen’s services.

Do you have a question about SimpleCitizen’s application packages? Let’s chat!

Connected Articles: 

What is Form I-485 Used For?

Who May File Form I-485?

What Evidence Must You Provide With Form I-485?

Understanding the Different Paths to Permanent Residency for Marriage-Based Applications

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. 

SimpleCitizen would love to help you with your immigration case!
To sign up now, click here.

Last Updated May 25, 2023.

‍

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!

The main goal of this article is to give you information about the risks and consequences of working in the United States without proper authorization. We will also explain some potential options for people in the United States working without authorization. 

Working in the United States without proper authorization is generally not allowed, and people who are working without authorization or overstaying their visas may face serious consequences. However, some family members of US citizens seeking a green card through marriage may have certain exceptions or options. Please note that this article is not a substitute for legal advice. There are possible repercussions if you work in the United States without proper authorization. It is a good idea to talk to an immigration attorney or other qualified immigration professional to learn more about your options and the risks and consequences of your situation. 

Authorization within the Context of USCIS Immigration 

If you are planning to work in the United States, it’s essential to understand the concept of work authorization. Work authorization refers to the legal permit required for foreign nationals or non-citizens to work in the United States. Different types of visas offer different levels of employment authorization, so it’s essential to understand what kind of work you are allowed to do based on your visa type. 

Authorized work is any work done with current, valid work authorization. Unauthorized work is any work done when someone does not have current, valid work authorization or work outside the scope of their work authorization. The US government grants work authorization through various visa programs, such as the H-1B program for skilled workers and the E-2 program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible. 

For example, an F-1 visa and a J-1 visa are two types of visas that allow foreign nationals to come to the United States temporarily. They have different purposes and restrictions, though. 

Take the time to learn about your specific work authorization and its privileges and restrictions.

Accepting Unlawful Employment while in the US

Accepting unlawful employment violates US immigration laws and can have severe consequences, including being barred from applying for a green card or permanent resident status. If someone is considering accepting unlawful employment in the United States, they can consult with an immigration attorney or other qualified immigration professional. They can help you understand the potential risks and consequences of this action and advise you on any possible options that may be available to you.

There are certain situations where USCIS may grant forgiveness for unauthorized employment. For example, the Violence Against Against Women Act (VAWA) protects specific individuals who have experienced abuse or violence at the hands of a US citizen, permanent resident spouse, or parent. Additionally, certain military service members and their families may be eligible for forgiveness for unauthorized employment.

If you are in the United States on a visa and have overstayed your visa, or if you have worked without authorization, you may be able to adjust your status to a lawful permanent resident (also known as getting a green card). However, this is not the case for all immigrants, as the eligibility to be forgiven for unauthorized work only applies to immediate family members of US citizens seeking a green card through marriage.

View the screenshot below for more information about these exceptions to the adjustment bars. Please click here to read more on the USCIS website.

Working Without Authorization

It is not legal to work in the United States without proper authorization. If you are in the United States on a nonimmigrant visa, such as a tourist visa, you are not allowed to work while you are in the country. If you are found to be working without authorization, you could face serious consequences, including deportation.

It is also important to note that specific programs may allow you to work in the United States legally, such as the H-1B visa program for skilled workers and the E-2 visa program for investors. If you are interested in working in the United States, it may be worth exploring these options to see if you are eligible.

If you are considering applying for a green card and have worked without authorization, keep in mind that failing to disclose this information or providing false information on your application can have severe consequences and may result in USCIS denying your application or your deportation.

It is also important to note that falsely claiming US citizenship or permanent residency to work is a severe violation of immigration laws and can have serious consequences. Suppose you have used false documents or made false claims to work. In that case, it is strongly advised that you consult with an immigration attorney or other qualified immigration professional as soon as possible. They can help you understand the potential risks and consequences of these actions and advise you on any potential options available.

Overall, it is vital to understand the legal requirements for employment in the United States and to follow the proper procedures to ensure that you can work legally. As previously discussed, some of these requirements can be visa-specific, meaning that you should ensure that you are familiar with the roles of your specific visa type. 

SimpleCitizen can assist you and offer you peace of mind in adjusting your status or applying for a green card. Find out more here.

All people applying for a family-based green card are required to provide the financial information for a Sponsor to show that they will have access to financial support in the US once they receive their green card. In most family-based cases, the petitioning family member is the primary sponsor for the application. This sponsorship is done by filing Form I-864, Affidavit of Support.

In order to be eligible to sponsor, the petitioner (or Joint Sponsor, if applicable) must show that they met the income requirements for their household size for both the current year and the most recent tax year. To verify whether they met the requirements for the most recent tax year, USCIS asks for the sponsor’s tax documents. These tax documents can be difficult to navigate, however, so we have put this guide together to help you understand exactly which documents are required, and how you can locate these documents. 

What tax documents does USCIS require?

The documents needed will vary depending on whether the sponsor filed their taxes Married Filing Jointly or not. The list below shows the options for tax documents based on their filing status:

Married Filing Jointly

If they filed their taxes Married Filing Jointly, they have two options:

1. Option 1: Upload the IRS Tax Return Transcript (request it for free here) and any associated W-2s and/or 1099s for each year.
2. Option 2: Upload the Federal Tax Returns (Form 1040 and ALL Federal Schedules) and any associated W-2s and/or 1099s for each year. 

Single, Married Filing Separately, or Head of Household

If they filed their taxes Singly, Married Filing Separately, or Head of Household, they have two options:

• Option 1: Upload the IRS Tax Return Transcript (request it for free here) - W-2s are not required
• Option 2: Upload the Federal Tax Returns (Form 1040 and ALL Federal Schedules) and any W-2s and/or 1099s for each year

Pro-tip: The Tax Return Transcript is shorter, and includes all of the necessary information in a single document, which makes it easier for you to provide and for USCIS to process. By contrast, the Federal Tax Returns most people get from their accountants or online filing software tend to be very long, and full of unnecessary pages. Sorting through these pages to find the important ones can be confusing and stressful. Including the extra pages in the application increases the chances that the USCIS officer will miss something important. Because of this, it can make your tax document shorter and more clear by adding the Tax Return Transcript whenever possible.

Tax Document FAQs:

Do I need to provide tax documents for the last 3 years?

Providing USCIS with the income information for the last three years from the Total Income line of the tax returns is required. However, providing actual copies of the tax returns for the second and third most recent years is optional. Please keep in mind that sponsors must indicate (either on the form itself or in the SimpleCitizen questionnaire) whether or not they plan on including these optional tax documents. 

Providing photocopies of your tax returns for the second and third most recent years establishes steady income. This can be helpful if the sponsor:

• Is retired
• Is self-employed
• Just barely met the income requirement for the most recent tax year, and wants to prove that they have consistently met the requirements for the last three years.

Aside from these instances, providing the tax return documentation for the 2nd and 3rd years is completely optional. It will not affect USCIS’ processing of your case. However, they must include either both or neither. In other words, an applicant is not able to submit the 3rd most recent tax year but not the 2nd most recent tax year or vice versa. Providing copies for the most recent tax year is required.

I got an extension on my taxes, can I leave my most recent taxes off of my application?

Before the regular tax deadline has passed for a given year, the tax returns for that year are not required. Once that deadline has passed USCIS requires the returns from that year, even if the IRS has granted an extension. Choosing to submit without the tax returns after the deadline has passed will result in a Request for Evidence (RFE) that can extend the processing of the application by 3-6 months.

Pro tip: Sometimes, USCIS will still require tax docs even if tax day has not passed yet. It is best practice to submit with the newest tax year if submitting within about 2 months of tax day.

What if I didn’t file taxes for one of the years? 

Petitioners who didn’t file taxes for one of the years because they didn’t make the required income amount are not required to provide their tax documentation for that year. This can be indicated in the form, and a brief explanation can be provided that includes which years the petitioner was not required to file taxes and why. 

Please note: If the sponsor did not make the required income amount for the most recent tax year, they are likely not eligible to sponsor on their own, and will most likely be required by USCIS to add a Joint Sponsor or the income of a household member. 

If a sponsor made the required income amount for one of the years, but did not file taxes for another reason, there is a very good chance that USCIS will issue a Request for Evidence requiring the tax returns from that year. To avoid this, the sponsor may consider working with a CPA to get any issues with previous years resolved before submitting.

What if I have an issue with my previous tax returns and need to refile/amend them? 

Any discrepancies or issues with the tax returns may result in a Request for Evidence from USCIS. This can be avoided by resolving any issues on tax returns before they are submitted. If you are not sure how to do this, you may consider working with a CPA to get all issues amended.

What if I am on a tax payment plan? 

Petitioners on a tax payment plan will need to provide the following:

1. Proof of the payment plan
2. The payment schedule
3. Proof of the most recent payments

Additionally, the petitioner will also need to add a Joint Sponsor or a Household Member to also support the application.

Examples of the tax documents

If you don’t know if you have the correct document, please refer to the images below for examples:

Tax Return Transcript:

Important Note: Please be sure that the title of your document is Tax Return Transcript. The Wage and Income Transcript, and Tax Account Transcript are not accepted.

Federal Tax Returns:

Form 1040: The form 1040 is generally 2 pages long, and looks like this:

Federal Schedules - Federal Schedules have titles like “Schedule 2,” “Schedule D,” “Schedule SE,” “Form 8995” etc. They are usually located directly after the Form 1040 in the tax return. State taxes, and any pages titled “worksheet” should not be included.

If you have any questions about your tax documents as you prepare your application, please don’t hesitate to reach out to our live chat! If you would like more specialized support, all of our green card application packages come with a full attorney review. During the review, the attorney will double-check all of your documents, and let you know if anything is missing. You can sign up for one of our application packages here.

What is the purpose of an employment verification letter?

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.

Who needs an employment verification letter?

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.

Creating an employment verification letter:

Who should issue an employment verification letter?

The employment verification letter should be issued by the company's HR department or the direct supervisor of the sponsor.

What type of paper should the letter be on?

The letter should be on official company letterhead. 

What information should be included?

• The date that the employer is writing the letter. This should be within 2-3 months of submitting the application, ideally.
• The name, company address, and title of the person writing the letter.
• The employee’s position at the company.
• The date the employee started at the company.
• A description of the employee’s responsibilities.
• The annual salary (preferred) OR weekly rate and average weekly hours of the employee.
• The employee’s current status (part time/full time OR average hours worked per week).
• Wherever possible, a statement of prospective future employment (ie. a statement saying that the company anticipates you working there for an extended amount of time).
• Signature of the writer (HR representative or direct supervisor).

Example of an employment verification letter:

Employment verification letter template: 

If you need some help getting started, click here to download a copy of our employment verification letter template. 

FAQs: 

What if I am self-employed?

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. 

What if I have more than one job?

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.

I just started my job – do I still need an employment verification letter? 

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. 

I have an employment verification letter from 5 months ago. Can I just submit with that one?

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.

What if I am paid hourly? 

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. 

How to calculate annual income:

Conversion Letter Outline: 

“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”

Conversion Letter Sample: 

For most individuals hoping to file for a green card through marriage, USCIS requires evidence that the petitioner and applicant are in a bona fide marriage. In other words, USCIS asks for applicants to provide a variety of documents showing that their relationship is well-established and that it was done in good faith. This article provides the following: 

1. The basic guidelines for Relationship Evidence documents 
2. Some of the warning signs that might cause USCIS officers to be more picky about approving an application
3. Lists of ideas for different types of evidence that may be included
4. Tips for compiling evidence

Basic Guidelines

The following are basic guidelines for all relationship evidence: 

•  USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally this can be done by providing around 100-200 pieces of relationship evidence, including 15+ different types of evidence.
• All evidence must be in English, otherwise, 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 

Please note that variety is generally more effective than quantity, so an application with 150 pages of photos would likely be considered weaker than an application with 90 pages that included 16 different types of evidence. 

Warning Signs

The following circumstances may cause your application to receive greater scrutiny from USCIS: 

• Large age disparity
• Inability of petitioner and beneficiary to speak each other’s language
• Vast difference in cultural and ethnic background
• Family or friends unaware of the marriage
• Marriage arranged by a third party
• Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States
• Discrepancies in statements on questions for which a husband and wife should have common knowledge
• The couple is not currently living together, even if there are valid reasons.
• Beneficiary is a friend of the family
• Petitioner filed previous petitions on behalf of other intending immigrants, especially immigrant spouses
• No proof of shared finances or joint financial responsibility

For couples  in any of the above circumstances, a large quantity of evidence can give USCIS a better insight into the relationship to prove it is real and was not entered into for immigration benefits. 

Suggestions for Different Types of Evidence

The lists below provide ideas for different types of evidence you might include in your application. 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 evidence. You are welcome to get creative and add things to your application that are not on this list.

Additionally, none of the items below are technically required. Rather, they are just suggestions to help get you started. That being said, there are certain types of evidence that may raise red flags if not included. In particular, please try to include photos of the couple together, proof of shared address, proof of spending time together,  and proof of shared finances.

1. Evidence of spending time together

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. Here are some examples:

• Travel itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives
• Cards from loved ones complimenting you on your wedding, anniversary, or other joint life events
• Evidence that the spouses have met or communicated with each other's parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Telephone and instant message records demonstrating that the spouses communicate regularly
• Photographs from the couple’s wedding, honeymoon, get-aways, family meals, holidays, etc. List the date and names of the people in the photographs
• Tickets to events both spouses attended or plan to attend
• Receipts for gifts spouses bought for each other
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc. 
• Documents showing membership in the same clubs, churches, teams, etc.
• Documents showing that one spouse took the other’s last name
• Proof that a spouse went to visit the other spouse’s family outside of the United States, that is a great indicator of a marriage “in good faith”

2. Evidence of sharing finances

Many married couples combine finances or split expenses in some way. Although it is becoming more common to keep finances more separate, USCIS uses this as a large part of their decision on if a relationship is legitimate. Commingling some finances can help show evidence of a good faith marriage. Use these documents to show evidence of shared finances:

• Bank statements for joint accounts showing both names
• Statements for loans where one spouse is a co-signer for the other spouse
• Voided and canceled checks for joint accounts
• Joint insurance agreements, statements, and cards, including health, life, property, and auto insurance, etc showing both names
• Utility bills showing both names, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.
• Life insurance policies, wills, and trusts, showing a spouse as a beneficiary
• Documents showing joint ownership of cars, real property, or investments
• All tax returns filed jointly as a married couple showing both names
• Funeral plans or intended burial locations that involve or are close to a spouse
• Copies of bank statements from separate accounts and payment receipts showing that the spouses both contribute to financial responsibilities and payments. For example, bank statements from separate accounts could show that each spouse pays half of rent each month - please be sure to highlight the important transactions, and maybe include an explanation note
• Copies of vehicle titles showing joint ownership
• Venmo, CashApp, or wire transfers between the couple

While commingling finances isn’t technically necessary, USCIS tends to see it as strong evidence that the marriage is legitimate.  Applications that do not include proof of shared finances tend to be treated with higher scrutiny.

3. Evidence of living together

Because most married couples live together USCIS sees this as another strong form of relationship evidence. Showing evidence of cohabitation, or living together is a good place to start. Use these documents to show evidence of cohabitation:

• Mortgage or loan papers with both names
• Any and all Lease agreements showing both names
• Bank statements giving the same address for both spouses
• Driver’s licenses or identification documents showing the same address
• Voided or canceled checks showing the same address
• Deed to property indicating both names
• Property insurance agreements, statements, or cards showing the same address
• Health and life insurance statements showing the same address
• Correspondence from friends, family, or businesses showing the same address
• Utility bills showing the same address, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.
• Affidavits from family, friends, neighbors, and landlords testifying of cohabitation (more on this later)

Cohabitation isn’t necessary for a marriage to be legitimate, but if a couple is not living together, their application is likely to receive greater scrutiny. If a couple is not living together, it may be helpful to include a letter explaining why they are not living together, along with any plans that they have to move in together in the future.

4. Evidence of raising children together

Showing proof of raising children together is fantastic evidence of a legitimate marriage. If a couple shares children, they can consider using these documents as evidence:

• Adoption certificates showing the two spouses as the parents
• Birth certificates showing both spouses as parents
• Documents that show a relationship with children or step-children, including vacation itineraries, photos, school records, affidavits from friends, family, and teachers
• Documents showing the step-parent as the emergency contact for a step-child, including, doctor’s records, school records, etc.
• Medical records showing an ongoing pregnancy
• Photos of the couple with the shared child 
• Evidence of pregnancy - Ultrasound photos, baby announcements, shower invites, etc.

In addition, raising step- or adopted children together can also be very convincing evidence for USCIS, but it is by no means mandatory. 

Affidavits

Affidavits of support from family and friends can also make great relationship evidence.  These are letters that show support for the marriage. This article gives an in-depth explanation of what these letters should include, and includes several sample letters.

Tips for Assembling Your Relationship Evidence

Here are some tips and tricks that can help with assembling relationship evidence. These tips are not required, but they can make it easier to assemble the evidence, and for the USCIS officer to process your application!

• Show Both Names: As much as possible, please make sure that both couple’s names are on all non-photo documents, especially leases, bank statements, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence.
• Add Captions to Photos: Adding captions to photos and other documents is not required. It can be helpful, however, especially to 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).
• Combine Files Before Upload: Applicants are welcome to just upload individual photos and documents to our website if they would like. However, once documents are uploaded, there is limited ability to edit and rearrange them. If you would prefer more control over how your relationship evidence will appear in the final application, you can put all of your photos and documents into a word document or powerpoint, save it as a PDF, and upload that. 
• Upload Files as PDFs: Whenever possible, please be sure to upload documents as PDFs, not as JPEGs. This is especially true for any word-heavy documents (such as letters of support, screenshots of emails, bank statements, etc.) Uploading them as JPEGs will decrease the image quality and make it very difficult to read the information. 

Providing a wide variety of relationship evidence is a great way to strengthen your application and reduce the risk of receiving a Request for Evidence. If you have any questions about gathering relationship evidence, please don’t hesitate to reach out to our live chat. If you would like more in-depth and specific feedback from an attorney on your application, all of our marriage-based green card packages include a full attorney review. You can sign up for one of our application packages here, and we will be happy to help guide you through your application!