Last Updated: November 10, 2022

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If you’re looking to file a Marriage-Based Green Card application from inside of the US and want to use SimpleCitizen to generate your application, here are a few of the documents you may want to gather in preparation for filling out your questionnaire.

However, this is not a comprehensive list. Depending on the unique circumstances of your case, you may be prompted to add more documents. You should not rely on this list alone when preparing your evidence.

NOTE: USCIS only accepts certain documents from each country for birth certificates, marriage and divorce certificates, military or police documents, etc. You can check your country’s documents here to make sure you have the correct documents accepted by USCIS.

Information:

Note that you will not need to provide physical evidence for the following. Rather, you will just need the required information in order to fill out the questionnaire or government forms.

1. Beneficiary’s Address history for the past 5 years
   • Should include start date, end date, and address information
2. Beneficiary’s most recent address outside of the US for one year or more (if different from above)
3. Beneficiary's employment history for the past 5 years
   • Should include start date, end date, position, company, and company address
4. Petitioner’s Address history for the past 5 years
   • Should include start date, end date, and address information
5. Petitioner’s employment history for the past 5 years
   • Should include start date, end date, position, company, and company address

Documentation:

Note: For your initial application to USCIS you will just be adding high-quality scans. However, you will need to take original documents with you to the USCIS interview for documents such as birth certificates, passports, visas, marriage certificates, divorce certificates, etc. Make sure you have those available and ready for the interview as you are often only given a 2-5 week notice to appear for that interview. 

Identity Documents for the Beneficiary 

1. Beneficiary’s Birth Certificate
2. Beneficiary’s Passport

Visa and Travel Documents for the Beneficiary 

1. Beneficiary’s I-94 travel record (look it up here)
2. Beneficiary’s US Visa 
3. Passport from most recent entry into the US
4. Current passport if different from the passport from entry
5. For J visa holders: All DS-2019s
6. For F visa holders: All I-20s 

Identity Documents for the Petitioner 

1. Petitioner’s Passport, Driver’s License, or form of other photo ID
2. Petitioner’s Birth Certificate 
3. Petitioner’s Permanent Resident Card or Naturalization documentation (if applicable) 

Financial documents for the Petitioner 

Note: These documents, along with proof of US citizenship or permanent residence, should also be included for any Joint Sponsor or any household members whose income is being added to the application. If the beneficiary is eligible to and plans on including their income as well, they should also prepare to add these documents.

1. Most Recent 6 Month of Pay Stubs for any current employer 
2. Employment Verification Letter for any current Employer 
3. Tax Return and W-2s (OR tax transcript) for the most recent tax year (required) 
4. Tax Returns and W-2s (OR tax transcript) for the second and third most recent tax years (total income amount from returns is REQUIRED. Documents themselves are optional)

Note: If a petitioner is self-employed or retired different documents will be requested to prove this income. It is very common to add a joint sponsor if the sponsor is self-employed due to self-employment income being considered less secure and the documentation less clearly being able to prove the income history.

Proof of Relationship Documents: 

1. Marriage Certificate
2. Divorce Certificates for any previous marriages
3. Relationship evidence such as:
   • Joint ownership, lease or tenancy
   • Joint financial responsibilities
   • Joint assets and co-mingling of funds
   • Joint Insurance statements
   • Letters of support from friends & family

Additional relationship documents for Marriage-Based Applications: 

Relationship evidence: You will provide a variety of relationship evidence to prove the validity of your marriage. It can be helpful to add a good variety of different types of evidence (15+ different types of evidence). This evidence commonly totals 100-200 pages of evidence. This evidence should include a variety of evidence types including but not limited to the examples listed below.

1. 20-40 diverse photographs of the couple 
2. Evidence of Joint Financial Responsibility 
3. Evidence of Joint Assets or Co-mingling of Funds 
4. Evidence of Shared Residence 
5. Evidence of Joint Insurances 

Filing a Marriage-Based Adjustment of Status

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Related articles 

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

Letters of Support from Friends and Family

How to avoid USCIS Requests for Evidence

Top 10 Questions About Getting a Green Card

What is the current annual income and why is it needed?

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). 

Calculating current annual income

Salaried employees:

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: 

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).

Example:

FAQ:

What if I have more than one job?

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. 

What if I am self-employed?

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. 

Example: 

My employer only included my hourly wages on my employment verification letter, but not my annual salary. What should I do?

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.

Conversion Letter Sample

What is the difference between annual income and total 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.

Last Updated: December 28, 2025

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What are letters of support and why do I need them?

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.  

Who can write a letter of support?

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:

• Family members
• Friends
• Religious leaders

What should be included in letters of support?

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::

• Full name and address of the person writing the letter.
• Date that the letter is being written. 
• Date and place of birth of the writer.
• The writer’s experience with the couple:
  • How long the writer has known the couple.
  • The nature of the relationship between the writer and the couple.
  • How often the writer interacts with the couple.
  • Descriptions of the interactions or activities between the writer and the couple.
• A written statement that says, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”
• A copy of the writer’s I.D. on a separate sheet of paper.
• The wet signature of the writer. 

Examples:

FAQs:

How many letters of support should be included?

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. 

Do the letters need to be notarized?

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.” 

Does the writer need to be a citizen of the United States?

No, the writer does not have to be a U.S. citizen or even living in the United States. 

Does the letter need to be translated into English? 

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: 

Translation Letter Sample:

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

EAD stands for Employment Authorization Document and gives temporary authorization for someone going through the immigration process to work in the United States. An EAD is most often granted by filing Form I-765, Application for Employment Authorization. The processing time for an EAD application can be unpredictable and due to the COVID-19 pandemic, has increased significantly. To look up processing time for the I-765 you can check here.

USCIS understands that there are circumstances in which individuals are not able to wait for an EAD. Because of this, USCIS allows individuals under select circumstances to apply to expedite their EAD. Please note that expediting an EAD is different than expediting a green card application. In addition, if you EAD expedite is denied it does not impact the normal processing time of the EAD or the green card application.

Who qualifies? 

USCIS has set certain criteria as to who can apply to expedite their EAD. Cases are considered if they meet one or more of the following criteria: 

• Severe financial loss to a company or person, provided that the need for action is not the result of the petitioner or applicant’s failure to timely file the benefit request or timely respond to any requests for additional evidence. 
• Emergencies and urgent humanitarian reasons.
• Nonprofit organization whose request is in furtherance of the cultural or social interests of the United States. 
• U.S. government interests.
• Clear USCIS error.

Requests are considered on a case-by-case basis and may not be approved even if they fit into one of these categories. For additional information on criteria, please visit the USCIS website.

What do I need to do to make an expedite request?

Before applying for an expedite request, the biometrics appointment must be completed and you must have the receipt number for your pending I-765. When submitting the request, you should have evidence to support your reasoning behind needing an expedite. 

How to make an expedite request:

Apply directly through USCIS:

The other option for requesting expedited processing is to contact USCIS directly. You can call the USCIS Contact Center at 800-375-5283 or by going to the USCIS website and messaging Emma who is the USCIS chat bot and can be found by clicking the “Need Help? Ask Emma” box at the top right of the webpage. 

USCIS will then send you an email with instructions on how to submit the expedite request for the EAD. Please note that these requests are very rarely granted. However, it can be worth a try if you meet one of the above qualifications.

Working with your congressperson:

One way to try to get your case expedited is to reach out to your member of congress. While representatives do not have the power to make a decision on the case, they can bring the case to the attention of USCIS and advocate for their constituent. To apply for an EAD expedite through a congressperson, you must find your state senator or congressional representative. You can reach out to your congressperson via phone or email. Their office will inform you about the process and what kind of information and evidence they will need. This process is often reserved for individuals with extreme need or who are outside of normal USCIS processes.  

Additional Resource:

A helpful resource for those who are trying to expedite their EAD is the Office of the Citizenship and Immigration Services Ombudsman. Please note that this option is typically only available if an applicant's form is outside the normal processing time, so be sure to check the USCIS Processing Times website here to see if this option is right for you.

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman Office) is part of the Department of Homeland Security and acts a liaison between individuals and USCIS. They cannot process or make a decision on a case, but they can help to guide you through select issues after you have requested expedited processing from USCIS. To request assistance from the Ombudsman, you must fill out a DHS Form 7001, Request for Case Assistance. The request can be sent online, through email, or mail. More information on the process can be found here. Their office will inform you about the process and what kind of information and evidence they will need.

Last Updated: October 5, 2022.

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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.

How to calculate a sponsor’s projected annual income

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.

Let’s show an example to see what this could look like:

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

Sample Projection Letter

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.

Documentation

USCIS wants to see proof of the reported annual income. Here is what our partner attorneys recommend:

• Last 6 months of pay stubs. If the sponsor has changed jobs during that time it is recommended to add all pay stubs from that time period, even if from a previous employer.
• Final 2 pay stubs from any previous employers the sponsor has had in the calendar year. This is so USCIS can see their YTD earnings from those jobs and verify the annual income.
• Employer Letter from the sponsor's employer on company letterhead. It should state their title, start date, and annual salary. If they are paid hourly it is recommended that they report hourly rate, average weekly hours worked, and what that makes the sponsor's annual income. Many companies have automated processes for generating these letters. Often they can consult with their Human Resources Department to get that letter issued.
• If they have had multiple jobs, include a projected income statement following the template discussed above.

Last Updated: March 13, 2025.

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Overview

If you recently married a U.S. Citizen or U.S. green card holder, chances are you are considering whether or not you should change your name, and how to do so. While changing your name can be a tedious task, doing so through the USCIS is quite simple--it just takes a little time. If your name has been legally changed, it should be updated with USCIS immediately in order to comply with USCIS requirements. Make sure that if you do decide to change your name, you add changing it with USCIS to your to-do list. It is very important that your green card or naturalization documentation correctly reflect your legal name.
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Some individuals may need to change their name for other reasons such as name misspelling, originally using a fictitious name, clerical error, etc. For more information on these types of cases, see the USCIS guide here.

Step 1: Determine if Changing Your Name is Right for You 

Whether or not you or your spouse change your last name following marriage is a personal decision. While conventional, changing your last name to match that of your spouse is not required in the United States. In fact, there are a number of name-changing variations that are starting to become increasingly popular, such as using a hyphenated last name that includes the surname of both you and your spouse. 

Regardless of how you choose to change your name, doing so presents a number of benefits and challenges. Here is a brief summary of some of the pros and cons associated with changing your name:

Pros

• Proving that you are married can be much easier when traveling
• Can offer additional ease when children are involved
• Easier to prove that you are married when one of you is admitted to a hospital

Cons

• Time Consuming
• Can be difficult for working professionals who have built a career using their previous name
• Can take a long time for replacement immigration documentation to arrive
• Replacing documentation can be expensive

Step 2: When to Change Your Name

The answer to when you should change your name following marriage varies from person to person. While many recommend waiting to change your name until you apply for Citizenship/Naturalization, name changes can be done earlier in the immigration process. For example, name changes can happen when initially filing for your marriage-based green card. Additionally, those who decide to change their name after they have already been granted their green card or Citizenship (Form N-400), can file to have their name changed by filing for a card replacement. This is done using either Form I-90 (Application to Replace Permanent Residence Card) or Form N-565 (Application for Replacement of Naturalization/Citizenship Document), depending on which step the application is in in the immigration process. However, something to consider is that it can be quite expensive to get a replacement card with it costing up to $540 to replace a green card and up to $555 to replace a naturalization certificate. 

So all things considered, there is no single time during the immigration process that an immigrant is supposed to change their name. Rather, there are multiple times when changing one’s name is possible. When deciding which time would work best, there are a number of things you should consider such as timing, and cost. The details of the potential “times” or ways you can change your name are detailed in the section below. 

Remember that regardless of what stage in the immigration process you are in, your immigration documentation should reflect your legal name. For that reason, you should avoid changing your legal name until you are prepared to change it on your immigration documentation as well, and vice versa.

Step 3: Change your Name 

First, an individual’s name must be legally changed under applicable state law. The legal process and the required fees for changing your name will differ slightly depending on the state you are living in, so make sure you are familiar with your specific state’s requirements. After legally making this change under state law, you are then eligible to apply for a green card or naturalization under your new legal name, or apply to replace your old green card or old naturalization certificate. 

Note that when submitting evidence of a legal name change, a photocopy of your name change document is not sufficient. The document you submit must be officially registered with the proper civil authority. You will need to request a registered copy of your name change document if you do not already have one. This should be in addition to the original registered copy you keep for your personal records. 

Changing Your Name While Filing For Your Green Card 

When filing for a marriage-based green card, you are able to change your name simultaneously, as long as you have sufficient proof of your marriage. To do this, you would simply need to file under your new married name and include your previous maiden name in the section designated for “previous names ”. This means you will list your new married name as your legal name on all the forms you fill out. Remember to be consistent as any inconsistencies can increase the likelihood of your application being delayed or rejected. You will also need to include a copy of your marriage certificate with your application as evidence of your union. Because you are originally filing for Permanent Residency with your new name, no additional costs are incurred with this option, apart from any filing fees associated with your state’s name changing process.

Changing Your Name After Being Granted a Green Card

Many applicants do not change their name before applying for permanent residency. If they wish to change their name after applying, they can do so by filling out Form I-90, Application to Replace Permanent Resident Card. It can be used for a number of purposes, including changing the name on a current green card. 

Lawful Permanent Residents (green card holders) who change their name due to marriage (or because of other circumstances) are able to travel using their original U.S. green card in their prior name as long as they bring proof of their name progression. Proof could include a marriage certificate, or other court documents showing a legal name change.

Form I-90, Application to Replace Permanent Residence Card 

Specific Instructions: 

For item numbers 3.a. - 3.c. provide your full legal name in the spaces provided. If formally legalized by your state, this would be your new married name.  

Item number 4 on the form provides a space where you can indicate that your name has legally changed since the issuance of your green card/ Permanent Resident Card. Select the appropriate box (“Yes”), and then continue to Item Numbers 5.a. - 5.c. 

For Item Numbers 5.a. - 5.c., you should provide your name exactly as it is printed on your Permanent Resident Card (green card), even if it has changed since that card was issued. This means that assuming you used your maiden name on your original green card, you would list that maiden name in this section.

Don’t forget to include all the required documentation and filing fees with your application. 

Cost: Unlike some of the other options, changing the name on your green card has some associated filing fees. These include a filing fee of $455 and a biometrics fee of $85, for a total filing cost of $540. 

Required Information and Documents 

• Legal Name
• Date of Birth
• Mailing Address
• Copy of your current green card
• Filing fee
• Name exactly as it appears on your Permanent Resident Card (green card)
• Registered copy of Marriage certificate and/or other court-issued document showing that your name was legally changed
  • Legal name change documents must have been registered with the proper civil authority.

Submitting: Can be submitted online or by mail to the USCIS. For more information on how to file and submit Form I-90, see the USCIS website here

Status Updates: Once you fill out your Form I-90 you will be able to access your online account. If you file online, you will create an online account yourself. However, if you file on paper, USCIS will scan the documents online and create your online account for you. After USCIS creates your online account they will send you instructions on how you can access your USCIS online account and see status updates.

Wait Time:  Currently, the average estimated wait time for Form I-90 to be processed is approximately 6 -11 months.

More Information: If your request for a name change is approved, you will be sent a new green card. However, if USCIS wants more information from you, you may need to go to a USCIS office for an interview or provide additional documentation.  

Changing your Name When Filing for Citizenship/Naturalization 

Any green card holder that qualifies for U.S. Citizenship is able to legally change their name to any name they wish, assuming it meets a few specific requirements. If that Legal Permanent Resident (green card holder) wishes to wait 3 or 5 years until they qualify for U.S. Citizenship, they can change their name when they apply for U.S. Citizenship. Doing so concurrently with their N-400 application does not incur any additional costs, allows them to apply for a United States passport with their new married name on it, and will result in their married name appearing on their Naturalization Certificate as well.

Form N-400, Application for Naturalization 

Instructions: Part 2, Question 3 of the form is specifically meant for you to change your name

The name-change service is only available at USCIS offices that offer swearing-in (oath) ceremonies in a courtroom, presided over by a judge. Only a judge has the authority to grant your name change at the swearing-in ceremony, a USCIS officer does not. Additionally, not all offices offer this service. Some regions only have ceremonies presided over by a judge a few times per year. If you live in these regions, it will likely result in your Citizenship application taking longer than others. 

Occasionally the swearing-in-ceremonies are held at a USCIS office--sometimes right after the naturalization interview. When the ceremony occurs after the naturalization interview, the request for a name change on Form N-400 cannot be acted upon. In this case, the applicant would need to follow the name-change procedures specific to their state’s law and apply for a name change after their Naturalization/Citizenship has been granted. The instructions for this process are detailed below. 

Changing your Name After Citizenship has Been Granted 

If you decide to change your name after your Citizenship/ Naturalization Certificate has already been granted, there is a way to do that too! However, it does require the payment of an application fee as well as any other costs associated with changing your name on your U.S. passport, and any other official documents. To request a name change on your U.S. Naturalization Certificate you simply fill out and submit Form N-565, Application for Replacement Naturalization/Citizenship Document.

N-565, Application for Replacement Naturalization/Citizenship Document

Instructions: Anyone applying for a new document due to a name change will be required to fill out Part 5 on the form. You must also include your original document, as well as a copy of your marriage certificate and a copy of evidence that your name has legally been changed to the new married name. 

Required Information and Documentation: 

• 2 identical passport-style photographs
• Your original document or certificate (note that a copy of this document is not acceptable since you are applying for a name change. You must submit the original).
• Evidence of marital status change (copy of marriage certificate)
• Evidence of legal name change

Wait Times: Currently, the average national wait time for Form N-565 acceptance is 6-8 months. You can stay up-to-date on the USCIS processing times by checking the USCIS website here. 

More Information:  For more information on how to file and submit Form N-565, see the USCIS website here

Conclusion 

In conclusion, changing your name is a long, tedious, often expensive process! Changing your name through USCIS is just one of the many steps that need to be taken.  Remember not to change your name legally until you are ready to change it on your immigration documentation so that you can align with USCIS regulations. 

If you are applying for your green card or citizenship soon, SimpleCitizen can help! Find out how to get the help of the professionals at a fraction of the cost here.

Additional Resources

How to Renew Your Green Card

What Happens After Filing Form I-90 

What is Class of Admission on Form I-90

How to Become a US Citizen

Introduction

If you’re married to or about to marry either a U.S. citizen or a U.S. green card holder AND hope to live in the United States, you’re probably trying to figure out the best way to apply for a green card. If this description applies to you, then you’ve come to the right place! This article lays out the different ways individuals can apply for a marriage-based green card, how these paths are similar, as well as how they are different. This article does not, however, discuss immigration pathways for those seeking permanent residency through employment-based applications, or as refugee or asylum seekers.

As you read, you might feel confused or even overwhelmed at times… don’t worry, we get it! U.S. immigration can feel like a lot to take in! That’s why SimpleCitizen has sought out to make U.S. immigration more accessible to people just like you! We offer the same assistance and expertise an immigration lawyer provides at a fraction of the cost! Need help applying? Learn how to prepare your application with SimpleCitizen here. 

Understanding the Basics 

Before we begin, it’s important to note that your choices will differ depending on whether you are married or unmarried, and whether that marriage is to a U.S. citizen or a U.S. green card holder.  Let’s clarify what the difference is! 

Defining Married vs Unmarried 

Married: For the purposes of this article, married refers to any applicant that is married to a U.S. green card holder or U.S. citizen. 

Unmarried: Unmarried refers to any applicant who plans to marry a U.S. green card holder or U.S. citizen but has not yet done so. Unmarried, in the context of this article, does not include employment-based applicants, or those seeking status as a refugee or asylum-seeker. 

Married vs. Unmarried Paths to Permanent Residency

As previously mentioned there are different application options available depending on whether the applicant is married or unmarried. Here's a quick list of options available to an applicant depending on whether they are married or unmarried.

 Married Applicants

• Adjustment of Status 
• Consular Process 

Unmarried Applicants 

• K-1 (Fiancé(e) Visa) to Adjustment of Status
• Consular Process

The sections below will both summarize and detail the primary differences between these options and should help you better identify the path that is right for you! 

Application Types for Married Individuals 

These application paths apply to individuals who are ALREADY married to a U.S. citizen or a U.S. green card holder. 

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Adjustment of Status for Married Applicants 

The process of applying for an Adjustment of Status green card as a married applicant differs slightly depending on whether the applicant is married to either a U.S. citizen or a U.S. green card holder. While applicants married to a U.S. citizen can file Form 1-130 (Petition for an Alien Relative) concurrently with Form I-485 (Adjustment of Status to Permanent Resident), applicants married to U.S. green card holders cannot. Rather, they must go through something called the Visa Bulletin after they file Form I-130 (Petition for an Alien Relative).  Only once the Visa Bulletin for the applicants category is current can they submit Form I-485. 

Visa Bulletin 

The way the Visa Bulletin works can be pretty complicated but here is a brief overview! Again, remember that this step only applies to applicants married to U.S. green card holders NOT to applicants married to U.S. citizens. 

Overview

The Visa Bulletin is released every month by the U.S. Department of State. It shows which green card applications are eligible to move forward based on when the I-130 (or I-140 for employment-based applications) petition was originally filed. 

Because the U.S. congress sets annual limits on the amount of green cards that can be issued, and because the number of annual applications often far-exceeds that quota, there is a large backlog of applications. This backlog leads to wait times for new applicants, which are published monthly in the Visa Bulletin. 

After filling Form I-130, Petition for Alien Relative, you’ll be able to check the Visa Bulletin to see your place in line which can then help you estimate how much time it will take before you can apply to be issued a green card. 

How Does it Work

First, the spouse of the applicant seeking a marriage-based Adjustment of Status must file Form I-130, Petition for Alien Relative. They are considered the petitioner of the applicant. Once Form I-130, Petition for Alien Relative, is approved, one must wait for the priority date in one’s immigrant visa category to become current (see the date listed in the Notice of Action, and check when it is current by clicking here) be sure to check the current month and year. When the date listed is current, it is time to file Form I-485, Application to Register Permanent Residence or Adjust Status. This is the required form for becoming a Permanent Resident. 

Violating Terms

Another primary difference between those married to U.S. citizens and U.S. green card holders is the flexibility that exists in regards to violating the terms of one’s status. The spouses of U.S. citizens are more likely to be forgiven for things such as overstaying a visa or working without authorization. This same forgiveness is not extended to the spouses of U.S. green card holders. If you or your spouse have violated the terms of your status as the spouse of a U.S. green card holder, it is recommended that you get a lawyer to assist you. 

Learn more

For monthly updates on the Visa Bulletin, see this page.  

Understanding Intent and Misrepresentation

Another important thing to be aware of as someone applying for a marriage-based Adjustment of Status are intent and misrepresentation. If applicants are not careful, they could potentially put themselves at risk of being flagged for or even committing immigration fraud. This applies to both the spouses of U.S. citizens and U.S. green card holders.

In short, USCIS wants to make sure that when an applicant entered on a temporary, non-immigrant status (such as a temporary work permit or student visa), their intention was not actually to gain an immigrant status. If they feel like the applicant misrepresented their intent, that applicant’s case is much more likely to be flagged for potential fraud. An example of this would be an applicant entering on a non-immigrant student visa and then getting married shortly after their arrival. Such behavior could appear to indicate that the individual misrepresented their intent to come to the United States. 

A case is much more likely to be flagged for immigrant intent if the applicant gets married or submits an application to adjust status within 90 days of entry into the United States. Applicants who share these circumstances should prepare to address this in their interview with USCIS. This can be overwhelming or scary for applicants. Luckily, SimpleCitizen offers guidance on instances like this through application review by an immigration attorney from our network attorney. Learn more here. 

Required Forms for Marriage-Based Adjustment of Status

There are a number of forms required to apply for an Adjustment of Status. 

1. Form I-130, Petition for Alien Relative: 

For more information on this form check out these resources! 

For more Information on filling form I-130 as someone who is married to a U.S. green card holder check out this article. 

2. Form I-130A

Since the petitioner is filing for their spouse, the spouse must fill out and sign Form 

I-130A, Supplemental Information for Spouse Beneficiary. 

Learn more about Form I-130A and how to file it here

3. Form I-485. Application to Register Permanent Residence or Adjust Status: 

Learn how to file this form here 

Additional forms that are needed include: 

4. Form I-864, Affidavit of Support

For more information on this form see USCIS instructions here and our article here

5. Form I-693, Report of Medical Examination and Vaccination Record. 

Learn more about how to file this form here.  

Optional Forms 

6. Form I-131, Application for Travel (optional)

Learn more about this form here

7. Form I-765, Application for Employment Authorization (optional)

Check out our step-by-step guide to Form I-765 here

Cost 

The overall cost of the application will vary slightly depending on the applicant, but the filing fees are consistent for most family-based applications. The total cost for filing the above listed forms is currently $3,005. This cost is broken up into four primary parts: the filing fee for Form I-130 (Petition for Alien Relative) which is $675, the filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status) which is $1,440, the filing fee for Form I-765 (Application for Employment Authorization) which is $260, and the filing fee for Form I-131 (Application for Travel Authorization) which is $630.

Who does this route apply to?

Applying for a green card through an Adjustment of Status applies to applicants that are a) married to a U.S. citizen or U.S. green card holder and b) are applying from inside the United States. 

Applying and waiting

Applicants both apply and wait from inside the United States. Leaving the country before either Advance Parole or Permanent Residency has been granted could result in the termination of the applicants petition. In this case, they would then need to reapply and wait from outside the United States through the Consular Process method.

Timeline 

Previously, the average wait time for Adjustment of Status applications was 8-20 months. These wait times vary depending on the office filed through and the particulars of the case. However, applicants are not able to pick and choose which office they work through. Rather, your field office will be assigned to you based on where you live. Learn more about office-specific wait times here. 

Work and Travel

Working and traveling in the United States is allowed as long as the applicant meets at least 1 of the following requirements 

1. They have applied for and been granted the Work and Travel Permit (Obtained through filing forms I-765 and I-131)
2. They have an additional valid visa that signifies dual intent (ie. an H-1B Visa) that also authorizes work and travel 
3. Their green card has been granted

As previously mentioned, leaving the country before either Advance Parole (Form I-131) or Permanent Residency has been granted could result in the termination of the applicants petition. In this case, they would then need to reapply and wait from outside the United States through the Consular Process method.

Consular Process for Married Applicants 

Required Forms 

The forms required for this application cannot be done all at once. Rather, they are broken down into two primary steps. 

Step 1: Fill out and submit Form I-130, Petition for an Alien Relative 

Step 2: Once Form I-130 has been approved, the applicant must then fill-out and submit two more forms 

1. DS-260, Immigrant Visa Application
2. Form I-864, Affidavit of Support

To learn more about applying through the Consular Process, check out this guide! 

Cost 

Form I-130 = $675

Form DS-260 and Affidavit of Support = $445

USCIS Immigrant Fee = $235

Total: $1,355

Who does this route apply to

Applying for a green card through the Consular Process applies to applicants that are a) married to a U.S. citizen or U.S. green card holder and b) are applying from outside of the United States. 

Applying and waiting 

Applicants both apply for and wait for their green card from outside of the United States. Initially, applicants file Form I-130, Petition for Alien Relative, through USCIS. Afterwards, the agencies they work with are the U.S. Department of State and U.S. Department of Homeland Security. 

Wait Times

In the past, average wait times for applications submitted via Consular Process have ranged from 6-10 months, depending on the embassy or consulate.This route tends to have shorter wait times than applying for an Adjustment of Status from within the United States.   

Work and Travel

Applicants applying through Consular Process will not be granted entry to the United States until their green card has been granted. For this reason, they will not obtain work or travel authorization for the U.S. until permanent residency has been granted. 

However, if applicants have an additional visa that allows them to travel into the United States they are able to use it during the waiting process. That being said, entry is not guaranteed. Rather, their admittance into the United States will be up to the agent reviewing their case. If said officer believes the applicant is at risk of overstaying their visa, they can deny the applicant entry into the United States. 

Application Types for Unmarried Individuals

As a refresher, this section is specifically for applicants intending to marry either a U.S. citizen or green card holder. 

Consular Process for Unmarried Applicants

If you do not want to go through the K-1 Fiancé(e) Visa process the other option would be to get married and then follow the consular process for married applicants, as outlined above. They are listed in the same table as the Fiancé(e)-to-Adjustment of Status path to help you compare the two. 

K-1 to Adjustment of Status for Unmarried Applicants

What is a K-1 Visa?

A K-1 Visa is a visa issued to the foreign fiancé(e) of a U.S. Citizen that allows them to enter the United States temporarily. Upon arrival to the United States, the couple has 90 days to get married.  

In order to be eligible for this type of Visa, the couple must meet two primary requirements 

1. Both met each other once within the last two-year period  (exemptions are available)
2. Both must be legally free to marry in the United States 

Basic Steps 

Step 1: Petitioner files Form I-129F, Petition for Alien Fiancé(e)

The petitioner, usually the U.S. Citizen Partner, must file Form I-129F, Petition for an Alien Fiancé(e) with USCIS. The filing fee for this form is currently $675. Find the PDF version of this form as well as the filing instructions here.

Step 2: Receive Notice of Action (I-797C) 

After a few weeks, applicants usually receive Form I-797C, Notice of Action, from USCIS. This indicates that the application has passed basic checks and is awaiting adjudication. It is during this adjudication that the petition will either be approved or denied. It usually takes anywhere between 8-10 months for a petition to be approved. 

Step 3: Approval and Jurisdiction Transfer to National Visa Center 

Once the petition has been approved by USCIS, they transfer jurisdiction of the case to the National Visa Center (NVC) which is a segment of the U.S. Department of State. Here the NVC will issue the applicants a case number. This case number is very important so be sure to keep it in a safe place!

Once NVC assigns the application a case number,  it will forward the I-129F packet (application) to the embassy of the home country of the foreign fiancé(e). 

Step 4: Filing for a K-1 Visa (Form DS-160) 

After the application has been forwarded to the embassy closest to where the foreign fiancé(e) lives, the applicant is then able to fill out Form DS-160 to apply for their K-1 Visa and pay their DS-160 Filing Fees ($265). Form DS-160 is filled out and submitted online. To access the form, click here. For answers to frequently asked questions about Form DS-160, check out this helpful link!  

Be sure to heep the following information for your records

1. The USCIS receipt number also known as a case number
2. Principal Applicant
3. Petitioner 
4. Interview location 

Step 5: Schedule and Have Interview 

Once the status of the case is “Ready” the applicant is then able to reach out to their local U.S. embassy and schedule their K-1 Visa Interview. However, Form DS-160 must be submitted, the medical examination must have taken place, and the application fees must be paid before the interview can take place.  The applicant should make sure they bring all required documents to the interview to avoid any delays or complications. This includes the receipt number from their application payment as well as the printed confirmation information for their completed DS-160 application. 

Step 6: Visa Granted, Enters USA

If their visa is granted, the foreign fiancé(e) will get a visa stamp in their passport which can then be used to enter the United States within 4 months of its issuance. Remember that this is a temporary Visa, so be sure to enter the U.S. before it expires. 

Step 7: Get Married Within 90 Days of Entry 

After entry into the United States, applicants have 90 days to get married. This is because the Fiancé(e) status automatically expires 90 days after entry and cannot be extended. The applicant must leave the United States at the end of the 90 days if they are not yet married. 

Call-out: In the case when marriage does not happen within 90 days AND the fiancé(e) does not depart, they will violate U.S. immigration law. This could affect their future eligibility for U.S. immigration benefits and may result in removal r(deportation).

Step 8: Apply for Adjustment of Status to Gain Permanent Residency

After marriage, the next step is for the couple to file for a green card (Form I-485, Adjustment of Status). If the foreign partner intends to work in the U.S. or travel outside of the country while their application is being processed, they must also file for a Work and Travel Permit (Forms I-765 and I-131, respectively) and From I-864, Affidavit of Support. Filing these forms concurrently with Form I-485 results in the waiving of their fees.  

Listed below are the required forms for this step in the application process:

Form I-485. Application to Register Permanent Residence or Adjust Status: 

• Learn how to file this form here 

Form I-864, Affidavit of Support

• Learn how to file this form here, 

Form I-131, Application for Travel 

• Learn more about this form here

Form I-765, Application for Employment Authorization

• Check out our step-by-step guide to Form I-765 here

Cost 

Going the K-1, Fiancé(e) Visa to Adjustment of Status route is often the most expensive option for applicants, totaling approximately $3,945.

1) Petition for Alien Fiancé(e) (Form I-129F) = $675

2) K-1 Fiancé(e) Visa Application Fee = $265

3) Green card application: Forms I-130, I-485, I-765, and I-131 = Up to $3,005

Total: $3,945

Who does this route apply to

This route applies to anyone who is engaged to a U.S. citizen and who plans to get married in the United States before applying for Permanent Residency. 

Applying and waiting 

1. Petition for Alien Fiancé(e) (Form I-129F) - Outside the U.S.
2. K-1 (Fiancé(e))  Visa (Form DS-160): Outside the U.S.
   1. Entry to the United States is only allowed once the K-1 temporary visa has been granted. Applicants are then able to marry inside the United States and apply for an Adjustment of Status.
3. Adjustment of Status (Form I-485): Inside the U.S. 

Timeline 

1. Petition for Alien Relative (Form I-129F) = 8-10 months 
2. K-1 Visa Application: Varies by embassy/consulate
3. Green card application: 10-24 Months 

In total, the timeline for the fiancé(e) path to permanent residency varies greatly depending on the circumstance of the case such as the citizenship of the applicant, wait-times at the specific embassy, etc. On average, start to finish wait times average anywhere between 13 and 27 months. 

Work and Travel

Rules surrounding work and travel differ depending on which stage in the process the applicant is at. Below, the information is broken up into the two primary stages. 

1. Petition for Alien Fiancé(e) and K-1 Fiancé(e) Visa: Applicants must wait for their Fiancé(e) Visa from outside of the United States and, as a result, will be unable to work or travel in the United States. 
2. Green card application via Adjustment of Status: Applicants both apply for and wait for their green card inside of the United States. During the waiting period they will be unable to work and travel until a Work and Travel Permit has been granted. Leaving the country before Advance Parole or Permanent Residency has been granted could result in the termination of the applicants petition. Working without the proper authorization could affect future eligibility for U.S. immigration benefits and may result in removal (deportation).

SimpleCitizen’s Eligibility Quiz

In order to make sure you are eligible to apply and that you choose the correct application for your situation, you can use SimpleCitizen’s free eligibility quiz here.

By answering just a few easy questions you can determine if you are eligible to apply. 

If you have a questions about your eligibility or are unsure how to get started, here are a few options:

• Eligibility Quiz
• Contact SimpleCitizen Support

Sign up for SimpleCitizen & take the guesswork out of the green card process

You don’t have to try to navigate the green card process yourself, and you don’t have to pay outrageous attorney fees. SimpleCitizen’s easy to use software will guide you through the whole green card application.

Apply for a green card at the fraction of the cost of using an attorney — with all the comfort of having a guide along the way.

Your American dream awaits you, and SimpleCitizen can help you achieve it.

Click here to start your application.

Additional Resources 

https://learn.simplecitizen.com/immigration-support/what-is-consular-processing

https://learn.simplecitizen.com/immigration-support/what-is-adjustment-of-status

https://learn.simplecitizen.com/immigration-support/comprehensive-guide-get-green-card

https://learn.simplecitizen.com/immigration-support/form-i-485-instructions

https://learn.simplecitizen.com/immigration-support/submitting-form-i-485-what-to-expect

https://learn.simplecitizen.com/immigration-support/what-is-form-i-485-used-for

https://learn.simplecitizen.com/immigration-support/who-may-file-form-i-485

https://learn.simplecitizen.com/immigration-support/top-10-questions-about-getting-green-card

Last Updated: March 11, 2025.

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Introduction

Some H-1B Temporary (nonimmigrant) Workers who are applying for an adjustment of status to become Permanent Residents may choose to apply for a Work and Travel permit during the interim period while their application is being processed.

Some, however, do not. You will need to determine which option is best for you. This article is meant to help you better understand the difference between an H-1B visa and a Work and Travel Permit as well as lay-out some of the pros and cons associated with each of them! 

Most companies start the permanent residency (green card) process for their employees after 6 – 12 months of employment through an Adjustment of Status. This also applies to H-1B Visa holders applying for a Family-Based Adjustment of Status, not just Employment-Based. The permanent residency process is expensive. However, because most nonimmigrant visas have strict time limits, companies that hire foreign talent can only keep those employees long term if they sponsor them for a green card. For more detailed instructions on how to apply for Permanent Residency (green card) as a current H-1B Visa holder, check out Step 2 in our article The Ultimate H-1B Visa Guide: How to Hire International Employees. 

It is important to note that your H-1B visa is STILL valid even if you apply for a Work and Travel Permit as long as you continue to meet all the requirements of your H-1B Visa. Because of this, having both Visas grants you the benefits of both. However, if you travel or change employers or update your work authorization with your current employer using your Work and Travel Permit, you will no longer be able to use your H-1B Visa as you will be considered to be under Adjustment of Status rather than an H-1B visa holder. 

Pros and Cons Summary 

Here is a table that summarizes the main differences between an H-1B renewal and a Work and Travel Permit. Information listed here is expanded upon in greater detail below. 

H-1B vs. Work and Travel Permit Overview 

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Understanding the H-1B Visa

In order to decide whether or not you should apply for a Work and Travel Permit while your application for Permanent Residency is being processed, you will need to understand how it differs from simply staying with your current H-1B Visa, or renewing your H-1B visa. 

First, let’s review the details of the H-1B visa, how your status is impacted when you apply for an Adjustment of Status (I-485), and how to apply for renewal. This information is meant to serve as a brief summary since you have likely already gone through the H-1B application process at least once before. For more detailed information about the H-1B Visa and how to apply, check out our articles Top 10 Most Common H-1B Visa Questions and The Ultimate H-1B Visa Guide: How to Hire International Employees. 

How long can I stay in the U.S. with an H-1B visa?

H-1B visas are usually valid for three years. USCIS can limit the duration of the visa according to the information your employer provides in the H-1B application. For example, if an employer cannot prove that the applicant is more likely than not needed for the full three year period, USCIS may issue the visa for less than three years. You may file to renew your H-1B visa for up to an additional three years. There are, however, some exceptions to this 6-year limit.  For example, there are ways to recapture days the employee was outside of the United States which allows them to ensure every day of the six years is utilized. 

Employment

The H-1B visa is employer specific, which means that it is only valid while you are employed by your original petitioner (employer). Additionally, you do not want to get caught in a situation where your H-1B expires before your green card is granted. If that happens, you will not be able to legally work in the United States until you either receive your green card, renew your H-1b, or are granted a Work and Travel Permit. While there is the option to renew, some applicants choose to apply for a Work and Travel Permit as it is not employment-specific. 

How H-1B temporary (non-immigrant) worker status is affected when applying for an Adjustment of Status (I-485)

If you entered the U.S. on an H-1B visa, you may continue to work on that visa as long as it remains valid and you follow all stipulations pertaining to that visa. This means working for the same employer and abiding by the time limits placed on your visa. Make sure you plan ahead and extend your visa or apply for a Work and Travel Permit if you are worried your H-1B work authorization will expire before a decision has been made on your Adjustment of Status application (I-485).

To learn more about how a green card application affects your H-1B Visa status, check out our article here. 

Extending an H-1B Visa

Whether you are applying for the first time or renewing/extending your H-1B visa, the application process is quite similar. As with your initial application, your employer will need to submit form I-129 on your behalf along with all the necessary documents. 

The employer can file Form I-129 no more than 6 months before the start date of the employment. The same applies for H-1B extensions that are filed using Form I-129. You can apply for a renewal no more than 6 months before your current H-1B is due to expire. 

Fill-out and submit Form 1-129

To begin the petition process the employer must:

• Complete and sign Form I-129, Petition for a Nonimmigrant Worker.
• Refer to Form I-129 instructions for further details.
• Include the appropriate filing fee with the petition (including the biometrics fee if applicable).

Collect the necessary documents to show your eligibility.

How much does it cost to submit an H-1B visa Extension

There is a $460 base filing fee for an H-1B petition extension. However, with the additional costs factored in, the renewal cost is almost the same as the initial application cost, averaging at about $3,000. However, these fees are almost always paid for by the employer. 

Do not worry about the cap when applying for a renewal of your H-1B as it does not apply to renewals.

Understanding the Work and Travel Permit

H-1B visa-holders applying for an Adjustment of Status (I-485) may choose to also apply for a Work and Travel Permit. This is optional, but has unique benefits. First, however, it’s important to understand what the Work and Travel Permit is and how to apply.  

Recently USCIS started issuing employment and travel authorization on a single card for certain applicants attempting to adjust their status by filing an Application to Register Permanent Residence or Adjust Status (Form I-485). This card serves as both an Employment Authorization (EAD) (Form I-765) and Advance Parole (Form I-131) document. This card looks similar to an Employment Authorization Document (EAD) but includes a text that reads “Serves as I-512 Advance Parole”. This combo card is a Work and Travel Permit. 

Not only is this new card more durable and secure, it also eliminates the need for applicants to carry around two separate cards. As someone applying for an Employment-Based Adjustment of Status you are eligible for this combo card. For more information, you can find USCIS’ answers to frequently-asked questions pertaining to this card here. 

Before we dive into the application process, let’s learn about the two primary components of this card: Employment Authorization and Advance Parole:

What is Advance Parole?

Advance parole is permission for an immigrant to enter the United States for a specific purpose. A “paroled” individual remains an “applicant for admission” and they can continue filing for a different immigration status.

Receiving this card does not guarantee your re-entry into the United States if you travel. Learn more about How to Travel After Submitting Form I-131 here. 

This card authorizes parole, not admission, to the US. Parole is not an admission or “entry”. Rather, it allows you to leave the United States without your Adjustment of Status application being deemed “abandoned”. Upon arriving at a port-of-entry into the United States, present your Work and Travel Permit to the Customs and Border Protection (CBP) Officer to request parole. If parole is granted, you will be permitted to return to the U.S. as a parolee. 

What is Employment Authorization? 

Employment authorization is when USCIS gives temporary authorization for employment to non-citizens. Immigrants can use Form I-765 to request an Employment Authorization Document (EAD). This document grants the non-citizen temporary employment authorization in the United States. Applying for Employment Authorization while waiting for your Adjustment of Status application to be processed is optional for H-1B Visa holders. 

Unlike your H-1B Visa, Employment Authorization granted via Form I-765 is not job specific. In other words, it is not tied to a certain employer or position. In this respect, Employment Authorization granted via Form I-765 is more flexible in terms of where you can work and when. Additionally, because it is not dependent on a specific employer, you can change jobs or lose employment without losing your legal status or having to reapply for a new Visa. 

How to Apply for a Work and Travel Permit

In order to get the combo Work and Travel permit, you must file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently. These can be filed with or after filing and Application to Register Permanent Residence or Adjust Status (I-485). Please ensure that you enter your name and address identically on Forms I-765 and I-131.

Note that you will receive an EAD without permission to travel if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied. 

You must file the Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole (Combo) card. Otherwise, you will receive two separate cards that you must carry with you.

For more information on how to file Form I-131, read our article Form I-131 Application for Travel: Everything You Need to Know.  For our Step-by-Step guide to Form I-765 (EAD), check out this article.

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Understanding the specifics of the Work and Travel Permit

Cost of the Work and Travel Permit

As mentioned previously, when Form I-131 and I-765 are filed concurrently with an application for an Adjustment of Status (I-485), the filing fees for Form I-765 is reduced. In this case, Form I-765 has a fee of $260 and Form I-131 has a filing fee of $630.

USCIS fees do change sometimes. You can check the updated amounts here and here or call the USCIS National Customer Service Center at 1-800-375-5283.

Estimated Wait Time for Work and Travel Permit Applications

USCIS is currently taking 6-8 months to process and approve the combo card.  Sometimes, they process these forms separately, and generally, Form I-765 is processed faster than Form I-131. Wait times can differ between offices, so be sure to look up the average wait times for your specific office. You can do that here. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

Duration of Work and Travel permit

Work and Travel permits are issued by the USCIS for a period of one or two years, depending on the availability of an immigrant visa. USCIS may also in its discretion issue the card for a longer or shorter validity period, depending on the particulars of the case. 

Renewing your Work and Travel Permit

If your I-485 is still pending approval and your work permit is close to expiring you can apply for a renewal of your EAD.

This application can be submitted up to 120 days within your work authorization expiring. This is done by submitting a new Form I-765 and a new form I-131 to USCIS. When applying for this renewal you will need to attach additional documents such as a copy of your current EAD and the Form I-797 notice from your Form I-485 application.

You file your renewal application on Form I-765 and Form I-131 with USCIS before your current employment authorization expires. You are not required to be in a valid nonimmigrant status when you file your renewal application

Some Things to Consider When Deciding Whether or not to Apply for a Work and Travel Permit:

Employment 

One of the most important things to consider when deciding whether or not to apply for a Work and Travel Permit is employment. As mentioned previously, H-1B visas are linked to a specific employer meaning that you will be unable to change employers or stop working without losing your visa. The same applies to being fired or being laid-off.

The Work and Travel Permit, on the other hand, is not linked to a specific employer. This means that you are not tied to a specific job. Rather, your status and work authorization remains valid regardless of where you work or whether or not you are working. 

If you anticipate needing to change employers for any reason while your green card is being processed, it may be helpful to have a Work and Travel permit as a  back-up-plan as it will allow you to change employers and continue working in the United States without becoming “out-of-status”.

Timing

Balancing processing times with Expiration Dates 

Many applicants working on a H-1B that apply for an Adjustment of Status do so within the first 6-12 months. This ensures they have at least 24 months for their application to go through before their H-1B expires. Doing so decreases the chance that workers will have their Temporary (Non-Immigrant) Work visa expire before their green card application has been accepted. As mentioned previously, H-1B visas normally expire after 3 years but can be renewed. 

If one applies for an Adjustment of Status more than 12 months after their start-date, there is a greater likelihood that their H-1B visa could expire before a decision is made on their green card application. Applicants and employers should keep this in mind as they will likely need to plan ahead and either apply for an extension, apply for a Work and Travel Permit, or both in order to ensure continued employment authorization.  

As of May 2021, the average national wait time for Employment-based Adjustment of Status applications was 13.7 months, however, wait times can be highly variable. Additionally, wait-time averages often differ between offices. For example, as of May 2021, the expected wait time for the Salt Lake City, UT office was 10.5-30 months for Employment-Based Adjustment of Status applications. Find more information about the wait times for your specific office here. 

The current average processing times for H-1B renewals is 4.5 months for non-premium petitions. Premium petitions are currently taking an average of 0.5 months to process. 

While Work and Travel Permits used to take only 90 days to be processed, the average wait time is usually 4-8 months. 

6-year maximums

Something else to consider is whether or not the applicant is nearing the end of their 6-year maximum on the H-1B visa. As mentioned previously, H-1B visas are typically granted in 3-year increments for a maximum of 6 years. However, in some cases, individuals can apply for 1-year renewals after they reach the 6-year maximum. Be sure to keep this timeline in mind as well. 

Given the processing times listed above, individuals will need to decide which option is best for them. Remember that having a Work and Travel Permit does not affect the status of an H-1B visa unless the terms of the H-1B have been violated in some way --such as by changing jobs. However, a Work and Travel Permit can be used to continue employment in the event that an H-1B expires. Note that if you choose to use the Work and Travel Permit Employment Authorization Document to work, you will no longer be able to use your H-1B visa. 

Travel 

As a general rule, any individual who has applied for an Adjustment of Status (I-485) must ensure that they have the right documentation to travel. Traveling without the correct documentation while the application is pending can result in the application being deemed abandoned or the applicant being unable to return to the United States for a time. There are a few exceptions to this rule, including H-1B visa holders and L-1 visa holders. 

Traveling on an H-1B Visa

As previously mentioned, H-1B Visa-holders are the exception to the rule. Unlike other Visa types, applicants with H-1B status who have a pending application for Adjustment of Status do not need to apply for Advance Parole to travel as long as they have followed/are still following all the stipulations of their visa. They are free to travel as long as their H-1B visa remains valid. 

There is, however, an exception. In the case of a pending H-1B extension within the 240 day rule, workers who leave the U.S. will most likely have to wait outside of the United States for the extension itself to be approved. Because of this, applicants should stay in the U.S. while their renewal/extension is pending.

Traveling with Work and Travel Permit (Advance Parole (I-131) and Work Authorization Visa (I-785))

Most individuals apply for Advance Parole (I-131) at the same time they apply for an Adjustment of Status (I-485) and Work Authorization (I-765). Once granted, Advance Parole can be used by applicants to leave the United States without their pending application becoming abandoned. 

Again, please note that H-1B visa holders are exempt from this rule in most circumstances. 

In summary, it is usually a good idea to apply for a Work and Travel Permit when submitting an Application to Adjust Status ((I-485). It also serves as a helpful back-up plan in the case of travel. However, as noted previously, if you use your Work and Travel permit to travel, you will invalidate your H-1B visa.

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Helpful Resources

• Top 10 Most Common H-1B Visa Questions
• The Ultimate H-1B Visa Guide: How to Hire International Employees.
• How to Travel After Submitting Form I-131
• Can I work while my Green Card application is processing?
• What happens after I submit my Green Card application?
• Can I fly while my Green Card Application is processing?

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. 

Overview

Which vaccinations are required?

Under US immigration law, all immigrants, including those seeking permanent resident status, are required to receive vaccinations to prevent the following diseases: 

• Haemophilus influenza type B
• Hepatitis B
• Measles
• Mumps
• Pertussis
• Polio
• Rubella
• Tetanus and Diphtheria Toxoids
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
• Influenza
• Rotavirus
• Hepatitis A
• Meningococcal disease
• Varicella
• Pneumococcal disease

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.

Effective Jan 22, 2025, applicants subject to the immigration medical examination no longer need to be vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

Going to your appointment 

You should bring the following items with you:

• Official vaccination or immunization record.
• Form I-693, Report of Medical Examination and Vaccination Record. Print out and bring the form to your appointment. Fill out Part 1 of the form but do not sign it until the civil surgeon tells you to do so.
• Government-issued I.D., such as a valid passport or driver’s license.
• Medical insurance card. Check with the doctor’s office to see if they accept your medical plan.
• Payment. Check with the doctor’s office about acceptable forms of payment

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. 

Vaccination Assessment

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 do not have the required vaccinations

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. 

Talk to your doctor before you get vaccinated

Some people may not be able to get vaccinated — or may need to wait.

The day of your appointment, tell your doctor if you:

• Have any allergies
• Have had serious side effects from a vaccine in the past
• Are pregnant or planning to get pregnant
• Are sick

Vaccination Costs

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! 

Vaccination Exemptions

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.  

Blanket Waiver - “Not Medically Appropriate” exemptions

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: 

• Vaccinations that would not be safe to receive due to a medical condition such as pregnancy, allergies, or a previous bad reaction to that vaccine.
• Vaccinations that are not required based on the applicant’s age at the time of the medical exam.
• Vaccinations that are administered as a series in intervals, but there is insufficient time to complete the entire series at the time of the medical examination. (The individual is often required to have at least the first round of the series)
• The influenza vaccine if it is not the flu season.

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. 

Moral or Religious Exemptions

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.

Form I-690, Waiver of Grounds of Inadmissibility

What is it?

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. 

Cost

As of March 2025, the filing fee for this waiver form is $905.

Waiver Requirements for Vaccination Exemptions

USCIS, in consultation with CDC, has established the following requirements that an applicant has to demonstrate through documentary evidence to qualify for this exemption: 

• The applicant must be opposed to all vaccinations in any form. They cannot pick and choose which vaccinations they want. However, it is important to note that having some vaccinations but not others does not automatically result in the denial of the waiver. The officer should consider the reasons provided for getting certain vaccines and not others such as whether the individual’s moral convictions or religious beliefs have changed substantially since the date the vaccinations were given.

• The objection must be based on religious beliefs or moral convictions.

• The religious belief or moral conviction must be sincere. The focus of the waiver adjudication will be largely based on whether or not you can demonstrate that the religious belief or moral conviction is consistently applied in your life. This strict adherence is considered to be distinct from mere preference.

Evidence 

Evidence of these religious beliefs or moral convictions may be established in two primary ways: 

1. Through the applicant’s sworn statement
2. Through additional evidence that supports that sworn statement

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. 

How to File Form I-690

When you file this form you must submit all evidence and supporting documentation required. You will also need to include the filing fee of $905.

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

Have questions about Vaccination Requirements and Exemptions?

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 reach out to our team and we’ll get back to you shortly.

Updated: January 10, 2023

If you are getting ready for your marriage-based green card interview with USCIS, congratulations on making it this far! This is a huge achievement and you are almost to the finish line!

The adjustment of status interview is an exciting and significant step in obtaining lawful permanent residence status. Feeling nervous about the interview is normal! The interview can feel overwhelming for applicants, so it’s important to make sure you understand what the interview entails and how to properly prepare. 

The information in this guide is here to help!

Good luck!

What is the purpose of the interview?

The interview is a normal part of the green card application process, especially for marriage-based applications. USCIS’ primary aims for the interview are to verify that all the information in your application is correct, confirm that your marriage relationship is genuine, identify any risk of fraud, and give you one last chance to update any information before the final adjudication of your application.

This is a step to look forward to because it is one of the last steps in the adjustment of status process and means you are one step closer to becoming a permanent resident of the United States.

Before the Interview

Here are some tips to prepare for your interview:

1. Try not to be too nervous! This is the final stretch. 
2. Consider taking opportunities to reflect on and discuss your relationship with your spouse leading up to the interview. It is helpful to make sure you are both remembering the details of your relationship correctly so that you can confidently answer any questions the officer asks you. At the end of this article there is a list of common questions that you can talk through together for practice. 
3. Plan to arrive 15 minutes before your scheduled interview time to ensure a prompt start time. 
4. Keep your schedule open. Interviews are typically  around 15-45 minutes long. However, sometimes individuals have to wait long after their scheduled interview time before their names are called. Keeping your schedule open can help reduce your stress if you are at the USCIS office longer than expected. 
5. The interview consists primarily of questions about your relationship and immigration history. Make sure you are informed and prepared to answer questions on these topics.

What should be brought to the interview? 

1. Original official documents (birth certificate, marriage certificate, passport, visa, your spouse’s birth certificate, etc). USCIS wants to see the originals, not copies, of these for both the petitioner and the beneficiary!
2. Updated relationship evidence that you would like to add to your application. Please note that USCIS will keep the evidence submitted, so be sure the evidence you bring is either a copy or something you don’t need back.
3. Updated financial documents for any sponsors on Form(s) I-864 (and Form I-864A, if applicable) . This should include: tax documents for any tax years that have passed since you filed the application, updated letters from employers, and updated pay stubs and/or bank statements from the last 6 months. If there have been any significant changes to employment or financial circumstance, bringing an updated I-864 with the new information can be helpful.
4. A copy of your original Form I-485 and Form I-864(s) for you to use in your interview. These are the two main forms that will be reviewed in your interview, and it can help for you to be able to refer to those documents.
5. Any additional documentation requested in the letter of invitation to interview you received from USCIS.
6. If you have any new evidence that you would like to submit with your application, bring it with you. USCIS allows the submission of new evidence at interviews. 

Who should go?

For marriage-based applications, USCIS requires the Form I-130 petitioning spouse to appear for the interview with the principal adjustment of status applicant. Essentially, both spouses will need to attend the interview.

 What if an applicant is not comfortable interviewing in English? 

Applicants who are not fluent in English are permitted to bring a translator to the interview. This interviewer does not need to be certified as a translator, but they must be fluent in both English & the applicant’s native language. The sponsoring spouse cannot be the translator. The interviewing USCIS officer will make the determination at the interview if they believe that translator can translate without bias.

During the Interview

Interviews generally take 15-45 minutes to complete. However, please know that interviews can go longer than 45 minutes so, as previously mentioned, it is often helpful to clear your schedule, just in case.

During the interview, the officer may try to verify that the applicant understood the questions on the application. Any unanswered questions or incomplete answers on the application are resolved at the interview. This is also an opportunity to update any information that may have changed since you submitted the application.

During the interview, the officer will review your documents and ask you questions to make sure you have a good faith marriage and that you are not committing immigration fraud. Don’t be afraid to let your love for each other show.  

Common Interview Questions

Each interview and interviewer are different so no two interviews will be exactly the same. Due to how brief the interview is, the officer will not be able to ask a lot of questions, but will scrutinize the answers you give to make their decision. Please note that the officer chooses which questions to ask, and on occasion, questions may feel invasive or personal. They may ask questions about intimacy, marital conflict, family approval, finances, etc. 

Here is a list of common interview questions that may be asked. As mentioned above, it can be helpful to go through these questions with your spouse prior to the interview to ensure you both remember details correctly. 

Meeting and Courtship

• How did you meet?
• Where did you meet?
• Where was your first date?
• Where did you first meet in person?
• How often did you see each other after your initial meeting?
• How did your relationship progress from meeting to dating?
• What did you do on your dates?
• Did you take any trips together while you were dating?
• When did you introduce each other to family and friends?
• How long did you date before you decided to get married?
• Who proposed to whom?
• Tell me the story of your marriage proposal.
• Where did you buy the ring? 

Wedding

• Where did you get married?
• What day were you married?
• Did you do a court or a church ceremony?
• How many people attended your wedding?
• Who from your family and friends were at the wedding?
• Did you have a reception?
• Where did you hold the reception?
• Tell me about what your reception was like.
• Were each of your parents at the wedding celebration?
• Where did you go for the honeymoon?

Relationship/Daily Life

• When is your spouse’s birthday?
• Have you been on vacation together?
• Do you attend church together?
• Do you plan on having children?
• Do you live together? Why not (if applicable)?
• How do you split your finances?
• Who is your spouse’s employer?
• What are your spouse’s work hours?
• When was your last fight?
• What did you fight about?
• Who wakes up first in the mornings?
• How often do you communicate throughout the day?
• Who does most of the cooking?
• Who cleans the house?
• What side of the bed do you sleep on?
• How do you typically celebrate holidays?
• What did you do to celebrate your spouse’s last birthday?
• When is your spouse’s birthday?

Family/Friends

• Have you met your spouse’s parents?
• What are their names?
• How many brothers and sisters does your spouse have?
• Does your spouse have any nieces or nephews?
• Do you spend time with your and your spouse’s families?
• Does your spouse have any children?
• Do they visit you?
• How do you get along with your spouse’s family?
• Do you have mutual friends?
• What is your spouse’s best friend’s name?

What is the result of a USCIS interview? When will applicants receive their green card? 

Based on previous cases, interviews generally result in one of the following: 

1. USCIS may let you know at the end of the interview that they have approved your application. You would leave the interview and typically receive your green card by mail after about a month.
2. USCIS may not inform you of a decision on your case, but will approve your green card shortly after the interview and you will receive it after about a month.
3. USCIS may issue you a request for more evidence before they can come to a decision on your case. Just make sure to submit additional evidence within the timeframe that they give you. SimpleCitizen will help you with this process! 

The Marriage Based green card interview with USCIS can be intimidating, but we are here to help! If you have further questions about the interview or your application, feel free to reach out to SimpleCitizen support! 

For interview support from an attorney, our Professional package includes three attorney consultations, one of which can be used for interview preparation!

Click here to learn more about all of our affordable application packages. We are here to help guide you through your application and support you every step of the way. 

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