Last Updated: Feb. 7, 2020.

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Do you have a family member that is applying for legal permanent residency?

Are you going to be the sponsor? Do you meet all the requirements to be a sponsor?

This guide will help you figure out if you meet the requirements for being a sponsor.

What is a financial sponsor?

Being a financial sponsor to an immigrant means the U.S. Government will consider your income and assets (such as checking and savings accounts, stocks, bonds, or property) as available to support the potential immigrant.

Who can sponsor? Who needs a sponsor?

You may sponsor a relative, an employee, or a prospective or currently adopted child wishing to immigrate to the United States. If you filed an immigrant visa petition for your relative, you must be the sponsor.

Anyone applying to be a permanent resident through a family member must have a financial sponsor. A sponsor is also required for a family member coming to work for a relative, or for a company in which a relative owns 5 percent or more of the company.

Am I eligible to become a sponsor?

To qualify to be a financial sponsor for a green card applicant, you must meet the following requirements:

1. You must be at least 18 years old and a U.S. citizen or permanent resident.
2. You must have a domicile in either the U.S. or a U.S. territory or possession (i.e. you must live there).
3. You must prove an income level at or above 125 percent of the Federal poverty level (100 percent for active duty military personnel).
4. You must submit an affidavit of support, which can be done by submitting Form I-864.

Income requirement to be a financial sponsor?

You must prove an income level at or above 125 percent of the Federal poverty level. (For active duty military personnel, the income requirement is 100 percent of the poverty level when sponsoring a husband, wife, or children.) Federal poverty levels are updated each year by the Department of Health and Human Services.

You can check current minimums at their website at www.aspe.hhs.gov.

What is Form I-864?

Form I-864 acts as an affidavit of support, which is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The form proves that the immigrant has the financial means to live in the United States without needing welfare or financial benefits from the U.S. government. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.

As the sponsor, you should fill out Form I-864 when your relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States.

What if I don't meet the financial requirements?

If your income alone does not meet the requirement, your assets (such as checking and savings accounts, stocks, bonds, or property) may be considered in determining your financial ability. You may also submit the I-864 as a joint sponsor or a substitute sponsor.

What is a joint sponsor?

A joint sponsor is someone who is willing to accept legal responsibility for supporting your immigrating family member with you. A joint sponsor must meet all the same requirements as you; however, the joint sponsor does not need to be related to the immigrant.

The joint sponsor (or his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Does a joint sponsor also need to fill out I-864?

Yes, a joint sponsor must also fill out Form I-864. Additionally, if you are using the income of other household members to qualify, then each household member must complete a separate Form I-864A.

What documentation do I need to fill out Form I-864?

You must provide the following documentation to fill out Form I-864:

• Your U.S. federal income tax return for the most recent tax year.
• Proof of current employment.

How do I submit Form I-864

Upon completing Form I-864, compiling the necessary documentation, and having the affidavit (or form I-864) notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.

What is the cost to submit Form I-864?

There is no filing fee. However, the National Visa Center (NVC) does send the sponsor a processing fee before the case will be processed.

How long am I responsible for the immigrant?

The sponsor's legal financial responsibility usually lasts until the immigrant either becomes a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), leaves the U.S. permanently, or dies.

Do I need to inform USCIS if I move or change addresses as a sponsor?

Yes, by legal requirement. If you change your address, you will need to file a Form I-865, Sponsor’s Notice of Change of Address, within 30 days after the date of your move.

What if I fail to provide financial support?

An affidavit of support is legally enforceable against a sponsor. If a sponsor does not provide basic support to the immigrants they sponsor, the individuals sponsored may receive “means-tested public benefits.” If the individual you sponsored receives any of these public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or sponsored immigrants can sue you in court to receive the money owed. When the immigrant sues, he or she can collect enough money to bring his or her income up to 125% of the amount listed in the U.S. government’s Poverty Guidelines.

Additionally, bankruptcy does not necessarily terminate a sponsor’s I-864 obligations. While most debts and contractual obligations are dischargeable in bankruptcy, “domestic support obligations” are not dischargeable. Such obligations are defined as alimony, maintenance, or support owed to or recoverable by one’s spouse, former spouse, or child. By United States court decisions, these also include I-864 support obligations.

Forms for Financial Sponsorship

• Form I-864 | Affidavit of Support Under Section 213A of the INA
• Form I-864A | Contract Between Sponsor and Household Member
• Form I-864EZ | Affidavit of Support Under Section 213A of the Act
• Form I-864P | HHS Poverty Guidelines for Affidavit of Support
• Form I-864W | Request for Exemption for Intending Immigrant's Affidavit of Support

Additional Facts and Data

• Of all 2015 accepted Green Card applicants, 44% were immediate relatives of U.S. citizens, 20% were other family members of citizens and lawful permanent residents, 14% were individuals in employment-related cases, 11% were refugees, and 3% were individuals granted asylum, according to a Pew Research Center study.
• Each year, the USCIS receives and processes about 6 million immigration applications from individuals and employers. According to the Department of Homeland Security (DHS), the United States issued green cards to nearly 1 million applicants in 2013. This number has remained relatively constant throughout the following years.

Last Updated: January 15, 2020.

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If you're applying for a green card, chances are you're going to need the sponsor Form I-864.

To prove that your sponsor meets all the requirements, you need to submit the Form I-864 along with your application.

According to USCIS, the official purpose of the form is:

"This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support."

- USCIS.gov

Mistakes made on this form are one of the most common reason why applicants get RFE's (Request for Evidence) from USCIS. To avoid an RFE, it's very important to make sure that your sponsor meets all the requirements and that you fill out the form correctly.

Do you know what the requirements are for a sponsor? Are you sponsoring an applicant? This article will provide answers to some of the most common questions about financial sponsors, income requirements, and submitting the right forms.

Scroll to the bottom to learn how to actually fill out the form and attach it to your application.

Most Common Questions About Form I-864

Do I need to attach the Form I-864 to my application?

The Form I-864 should be attached to the application if, the intending immigrant (green card applicant) is:

• The immediate relative of a U.S. citizen (spouse, unmarried child under 21, or parent of a U.S. citizen 21 or older).
• A family-based preference immigrant (married or unmarried son or daughter of a U.S. citizen, spouse or unmarried son or daughter of a lawful permanent resident, or the brother or sister of a U.S. citizen 21 or older).
• An employment-based preference immigrant whose immigrant visa petition was filed by a U.S. citizen, lawful permanent resident, U.S. national relative, or such a relative has an ownership interest of 5% or more in the entity that filed your petition.

Form I-864 is supported and included with SimpleCitizen.

Can the I-864 be used for more than one immigrant?

An I-864 must be submitted for each intending immigrant sponsored.

The principle immigrant, the recipient of the immigrant visa petition, may bring a spouse and/or children into the U.S. In such cases, the sponsor need only to photocopy the original I-864 for each dependent if they are based on the same visa petition, as long as they are immigrating at the same time. (Note: The sponsor will not need to provide copies of the supporting documents for each of the photocopied I-864s.)

However, if the principle immigrant’s family is immigrating more than 6 months after the principle immigrant, another Form I-864 will need to be filled out when they apply for their immigrant visas.

Is there a filing fee?

There is no filing fee. However, the National Visa Center (NVC) does send the sponsor a processing fee before the case will be processed.

When do sponsor obligations end?

Sponsor responsibilities end when one of these situations occurs:

• The immigrant becomes a U.S. citizen.
• The immigrant can be credited with 40 qualifying quarters of work in the U.S.
• The sponsor or the immigrant dies.
• The immigrant does not remain a lawful permanent resident.

Please note: divorce does not end a sponsor’s responsibilities.

What supporting documents are required with the I-864?

All sponsors must submit a copy of their Federal income tax return for the most recent tax year. If you were not required to file provide a statement and/or evidence of why. Also include every copy of Form 1099, Schedule, and any other evidence of reported income.

If you are:

• currently self-employed,
• sponsoring more than one intending immigrant,
• sponsoring a spouse while on active duty in the U.S. Armed Forces or U.S. Coast Guard,
• using the income of persons in your household or dependents to qualify,
• joint sponsor, substitute sponsor, or the relative of an employment-based immigrant,
• or the legal guardian signing the Form I-864

Supporting Document upload & support are included with SimpleCitizen.

you will need to file more supporting documents as proof that you qualify to be a sponsor. These may include a Form I-864A, or papers to establish your income, active military status, residency, lasting employment, assets, status in the U.S., or legal guardianship.

Note: if you make a change of address, you must inform USCIS of your new address within 30 days. If you are a lawful permanent resident sponsor, you must file a change of address within 10 days. To do this file Form I-865.

What are the requirements of being a sponsor?

The sponsor must be 18 years or older and reside in the U.S., its territories, or its possessions.

In order to qualify as a sponsor, the sponsor must also meet certain financial requirements:

Income Requirements:

To qualify as a sponsor, you must show that your annual income is at least 125% of the Federal Poverty Guidelines. These guidelines are updated annually and are calculated according to household size.

Search the USCIS website to see if you qualify. The 2017 guidelines will remain in affect until the 2018 ones are published.

What if my sponsor is on active duty?

If you are on active duty in the U.S. Armed Forces and are sponsoring a spouse or child under 18, you only need to have an annual income of 100% the Federal Poverty Guidelines. This does not apply to joint or substitute sponsors.

What if a sponsor doesn’t meet the financial requirements?

If a sponsor does not meet the financial requirements the intending immigrant will be ineligible for an immigrant visa or adjustment of status.

However, if the 125% requirement can be met by any combination of the following 4 options, you may still qualify to be a sponsor.

• The income from any relatives or dependents living in your household currently or listed in your most recent Federal income tax return and who have signed Form I-864A.
• The income from the intending immigrant, if that income will continue from the same source after they immigrate and they are currently living in your residence. (If the intending immigrant is your spouse, their residence does not matter as long as they continue to receive their income from the same source.)
• The value of assets yours, the intending immigrants, or any member of the household who has signed the I-864A.
• The income and/or assets that equal at least 125% of the Federal Poverty Guidelines of a joint sponsor.

Can a sponsor use assets to qualify?

If the consular or immigration officer is convinced that the sponsor’s assets could be converted into money within one year, they may be used to supplement the sponsor’s income. However, this conversion must take place without undue harm coming to the sponsor or their dependents. And it cannot include automobiles unless the sponsor owns at least 1 working automobile that was not included as an asset.

What is a joint sponsor?

A joint sponsor is someone who can meet the financial requirements necessary to be a sponsor and is willing to be held jointly liable with the original sponsor, the petitioner, for the support of the intending immigrant(s).

The joint sponsor must be 18 or older and a U.S. citizen, lawful permanent resident, or U.S. national domiciled in the U.S., its territories, or its possessions.

The joint sponsor does not have to be related to the petitioner or intending immigrant(s).

If the I-864 being filed by the petitioner includes more than the principle immigrant, the joint sponsor may choose to sponsor all intending immigrants or some of them. A secondary joint sponsor is then necessary to sponsor the remainder of the family. There may be no more than 2 joint sponsors.

Joint Sponsorship is supported by SimpleCitizen.

Can relatives and dependents be a joint sponsor?

A spouse and/or other relative living with the sponsor or unrelated dependents listed on the sponsor’s Federal income tax return even if they don’t live with the sponsor, may help sponsor intending immigrants, if they are willing to be jointly responsible with the sponsor. They must be 18 or older and complete Form I-864A.

Ways To Fill Out Form I-864

Here are a few options available to you for filling out the affidavit of support.

Fill Out On a Computer

Download and view in a PDF viewer.

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Form I-864 is included with SimpleCitizen.

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Print the PDF and fill by hand with black pen.

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Last Updated: January 7, 2022.

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If you are inside the U.S. for an allowed reason and are currently trying to adjust your status to permanent resident, then you can use Form I-485.
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Form I-485 Sample Download:

Download a sample of the I-485 here.

Fill out the I-485 Online Here.

*Please note that USCIS forms frequently change. Please refer to the USCIS I-485 form page for the most up-to-date version.

Who can submit the Form I-485?

Relatives of United States citizens:

spouses, children, parents, and siblings of U.S. citizens who used the Form I-130 and received a visa can use Form I-485 to ask for a Green Card. For immediate family cases (like spouses) you can submit all the forms together in one packet.

Relatives of Green Card holders:

spouses and unmarried children of Green Card holders who used Form I-130 and received a visa can use Form I-485 to ask for a Green Card. You can prepare a family based green card application here.‍

Workers:

If you are in the U.S. with a temporary work visa and have been offered a permanent job while you're in the U.S., you could use Form I-485 to ask to stay in the U.S. permanently. Your U.S. employer can start the process for your Green Card using Form I-140, Petition for Alien Worker.‍

Refugees and Asylees:

Refugees and Asylees can use Form I-485 to ask for a Green Card. In the Form I-485, you must prove that you are still an asylee, refugee, or refugee’s spouse or child and that you’ve been inside the U.S. for 1 year since were allowed to enter for that reason.

Helpful Links:

Form I-485 Step by Step Instructions

The Comprehensive Guide on How to Get a Green Card

Are you eligible to apply for a Green Card?

Take the quiz

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Updated: Feb. 10, 2020.

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So you've mailed your green card application and are anxiously waiting for whatever comes next. What happens now?

After you submit the Form I-485, along with all the other required forms, there are still a few more steps to take before you become a permanent resident in the United States. This guide will help you understand each one of those steps.

Have not submitted your application yet? Here's a guide on how to prepare your application.

1. Receipt of Application

Approximately 30 days after filing

Once USCIS has received your application, they should send you a receipt within approximately 30 days.

If you attached a Form G-1145, E-Notification of Application/Petition Acceptance along with your Form I-485, you will also receive a confirmation email or text message within 24 hours of your application being accepted.

Both the physical receipt and the e-receipt will have a receipt number on them. You can use this number to check your case status and see how far along your case is in the application process.

Note: If you submit the Form I-485 without a signature or without the correct filing fee, USCIS will send you a notice that your form is incomplete. You may then fix the problem and re-submit it. If they need more evidence, USCIS may request (RFE) originals of the copies you provided them. These original documents will be returned to you when they are no longer needed.

2. Biometrics Services Appointment Notice

Approximately 3-5 weeks after filing

After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will be used to verify your identity and run background checks. Sometimes this can happen within 3-5 weeks, but the timeline varies considerably.

You should review your Form I-485 information before the biometrics appointment. Your signature at the biometrics appointment will indicate that your application was complete, true, and correct. When you go to your appointment, take with you:

• Your ASC appointment notice.
• Valid photo ID (such as a passport, driver's license, or state-issued photo ID card).
• A translator if you cannot understand spoken English.

3. Interview Notice

Approximately 4-10 months after filing

You will probably be requested to appear at a USCIS office to answer questions about your Form I-485. You will receive a notice that will tell you when and where the interview will take place. Bring with you original:

• Passports
• Official Travel Documents
• Form I-94
• Copy of your Form I-485
• All other originals of the documents that you submitted with your Form I-485, even if the documents are now expired.

It is best to appear at all USCIS appointments (including interviews and biometrics appointments) on the scheduled date. However, if you are sick, you can follow the instructions on your appointment notice to reschedule.

4. Receive Permanent Residence

Approximately 8-14 months after filing

After your interview, the USCIS will send you a written notice of their decision. If you are approved, you will receive your green card in the mail soon after. If your application is denied, the decision notice will explain why. It will also state whether you can appeal the decision or not. Even if it says that you cannot appeal the decision, you may still be able to file a motion to reconsider. To file an appeal or a motion you will use Form I-290B, Notice of Appeal or Motion.

Other Tips

Avoid leaving the United States while your application is pending.

If you plan to leave the US while your application is pending, even if it a short trip to Mexico or Canada, make sure that you have the right documentation to leave and re-enter the US. You will probably have to file Form-131 to obtain either an Advanced Parole Document or a refugee travel document. You will not need to file Form-131 if you are an H, L, V, or K3/K4 nonimmigrant who is maintaining lawful nonimmigrant status, and you return with a valid H, L, V, or K3/K4 nonimmigrant visa. If you leave the country without proper documentation, your Form I-485 may be denied, or you may not be able to lawfully re-enter the US.

Moving & changing your address.

If you move, it is important to promptly inform the USCIS so that you do not miss any mailed notifications about your application. Update your address with the USCIS within 10 days of moving. In most cases, you can do this online at the USCIS website.

Ask for help.

If you have questions or need help with any part of your application, please feel free to reach out to our support team. We're here to help!

Updated: May 12, 2022

For Español click here.

Getting a Green Card means you have been authorized to live and work in the United States on a permanent basis.

In addition to living and working in the U.S. permanently, there are numerous other benefits of getting a green card:

• You can now sponsor family applying for their own green cards.
• You may travel outside the U.S. and return without disrupting your status.
• Once you've had your green card for five years, you may apply to become a U.S. citizen.
• You are eligible to receive Social Security benefits after 10 years of work.
• You qualify for in-state tuition.

How to Become a Permanent Resident

There are a few different ways you may become a green card holder:

• Sponsorship by a family member in the United States.
• Sponsorship by an employer's offer of permanent employment in the United States or through your own entrepreneurship.
• Through attaining refugee or asylee status or through another humanitarian program.

To qualify for a green card, you must fall into one of the available immigrant categories.

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Available Immigrant Categories:

• Family-based
• Job or employment-based
• Based on refugee or asylum status

a. Family-Based

You may qualify for a green card if you are:

• An immediate relative of a U.S. citizen. This includes spouses, unmarried children under the age of 21, and parents of U.S. citizens age 21 or older.
• Another family member of a U.S. citizen. This includes unmarried children over the age of 21, married children of any age, and brothers and sisters of U.S. citizens age 21 or older.
• A family member of a lawful permanent resident. This includes spouses and unmarried children of the sponsoring lawful permanent resident.

If you fall into one of the above categories, you can learn how to prepare a family-based green card application with SimpleCitizen here.

In addition to the above categories, being a member of another special category may qualify you to get a green card based on family. These include being a:

• Battered spouse or child
• A K nonimmigrant
• A person born to a foreign diplomat in the United States
• A V nonimmigrant
• A widow(er) of a U.S. citizen

Important to note: There is an order of preference for people who wish to immigrate to the U.S. based on family. First preference goes to the first category listed above, immediate relatives of a U.S. citizen. To see the complete order of preference for family members, visit the USCIS website.

b. Job or Employment-Based

You may qualify for a green card based on a job offer or your plans to invest in the U.S. economy and create jobs. The employment-based category includes:

• Green card through a job offer. This is also known as sponsorship through an employer — in other words, when an employer sponsors your green card application.
• Green card through investment or entrepreneurship. Immigrant investors/entrepreneurs who are investing in a U.S. - based business that creates new U.S. jobs may be eligible for a green card.

Green card through special categories of jobs. You may be able to get a green card based on having a past or current job in one of the following special categories set forth by the U.S. government:

• Afghan/Iraqi translator
• Armed forces member
• Broadcaster
• International organization employee
• Iraqi who assisted the U.S. government
• Afghan who assisted the U.S. government
• NATO-6 Nonimmigrant
• Panama Canal employee
• Physician National Interest Waiver
• Religious worker

c. Refugee or Asylum Status

You may be able to get a green card through your status as a refugee or asylee.

• If you're a refugee, the law requires you to apply for your green card within a year of entering the U.S.
• If you have been granted asylum in the U.S., the law requires you to apply for your green card within a year of asylum status being granted.

Filing an Immigrant Petition

If you belong to one of the above categories, next you will need an immigrant petition filed on your behalf. The petition establishes the basis for your immigration and the classification or category in which you belong.

• For people immigrating based on family, the petitioner will file Form I-130, Petition for Alien Relative. Click here to start a family-based petition.
• For people immigrating based on employment, the petitioner will file Form I-140, Immigrant Petition for Alien Worker

How to find out if you are eligible to apply

Everyone who wishes to get an immigrant visa (and apply for any subsequent status adjustment) must prove that they are eligible for admission to the United States.

What would make someone inadmissible? The grounds of inadmissibility are set by Congress and are particular to the category under which you are immigrating. These factors include:

• Financial reasons. The relative who sponsors you must be able to support you.
• Health-related reasons. You cannot have a disease that makes you a public health risk.
• Immigration history. If you've ever entered the U.S. illegally or overstayed a visa by six months or longer, you may be deemed inadmissible.
• Criminal history. Applicants who have been charged and/or convicted of certain crimes, such as violent felonies, drug offenses and terrorism, may be deemed inadmissible.

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. Here's how it works:

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

• 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.

Last Updated: January 15, 2020.

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Self-Employed Sponsor and Form I-864

What you need to know about having a Self-Employed Sponsor fill out Form I-864. One of the requirements to get a green card is having a financial sponsor file the I-864, Affidavit of Support. This USCIS form is basically a contract between the financial sponsor, the immigrant applicant and the US government. As part of the contract, the sponsor must meet certain income requirements to qualify as a financial sponsor for the immigrant. Like every form on the green card application, several documents must be submitted as supporting evidence for the information provided in the application.

Submitting supporting evidence for a sponsor that is currently employed is fairly straightforward. The sponsor needs to attach their most recent federal tax return, a letter from their employer and pay stubs for the past 6 months. These requirements become useless when the sponsor is either self-employed or retired.

Self-Employed Sponsors & Form I-864 Supporting Documents

The USCIS actually has a few guidelines when it comes to proving an income amount for a sponsor that is self-employed or a business owner. The USCIS suggests that self-employed sponsors should attach the following photocopies of documents to their I-864, Affidavit of Support:

• Total and Complete Tax Return: All schedules associated with the federal return including Schedule C (Profit/Loss from Business), Schedule D (Capital Gains/Loss), Schedule E (Supplemental Income/Loss) and Schedule F (Profit/Loss from Farming).
• Business Licenses and registrations.
• Signed and dated statement about the nature of the business and the sponsors involvement.
• Bank Statements for the previous 6 months.

Retired Sponsors & Form I-864 Supporting Documents

If the sponsor that is submitting the Form I-864, Affidavit of support is retired, a similar problem exists. Again, the goal for a retired financial sponsor is to simply provide independent evidence that establishes a steady flow of income matching the amount reported in the Form I-864. This can be accomplished by providing the following documents:

• Recent Pension Statements and Current Pension Payment Receipts
• Social Security Documents that indicate payments
• Complete Tax Returns
• Bank Statements for the previous 6 months

As you are working to complete your green card application and fill out a correct Form I-864, make sure that you are avoiding some of the other pitfalls of the financial sponsor for a green card. Making sure that you are calculating the household size correctly or including the accurate income amounts are a few of the important things to remember when working on this application. SimpleCitizen is a do-it-yourself tool to help you avoid these common mistakes. We are the only truly comprehensive service, guiding users from signup to citizenship while ensuring their application is correct and complete at every stage.

Last Updated Jan 15, 2020.

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The I-130, Petition for Alien Relative, is the first form you must submit in order to obtain lawful permanent residence (green card) for a family member. After submitting this form, there are three key steps which must occur to receive a green card:

1. Confirmed Receipt of I-130

Within 2-3 weeks of submitting your I-130, you should receive a Notice of Action (also known as Form I-797). It is vital that you read the information on this notice, as it will tell you if your I-130 has been received, rejected, or requires more information from you. The Notice of Action will contain a priority date and a receipt number can be used to check application status.

If you haven't received a Notice of Action within a few weeks, you should make an inquiry here.

2. Approval Process of I-130

After your I-130 is received, it will be reviewed. USCIS prioritizes the review of petitions from Immediate Relatives, which comprise:

• spouses of citizens
• unmarried children (under age 21) of citizens
• parents of citizens 21 years of age or older.

USCIS issues an unlimited number of immigrant visas (green cards) to Immediate Relatives. Thus, processing time is faster for Immediate Relatives than other relatives.

Other relatives are categorized as Family Preferences:

• Unmarried children of U.S. citizens age 21+, and their minor children (F1)
• Spouses, minors and unmarried children age 21+ (F2)
• Married children of U.S. citizens, their spouses and minor children. (F3)
• Siblings of U.S. citizens, and their spouses and minor children, if age 21+ (F4)

Congress permits a limited number of Family Preference visas per year. Therefore, people who fall into this category often wait longer for a visa number to become available. Priority depends on when the I-130 was submitted. The wait time can be anywhere from 6 months to 6 or more years.

3. Filing for a Green Card

Once your I-130 is approved, you may be permitted to file for a green card and hopefully obtain lawful permanent residence. The filing process depends on relative status and where you are currently living.

Immediate Relatives:

• Inside the US: Immediate relatives inside the US can submit Form I-485 (Application to Register Permanent Residence or Adjust Status) while the U.S. citizen petitioner files Form I-130. Relatives may file I-485 applications any time after a Form I-130 has been submitted if it has not been denied, although relatives must submit a copy of their Notice of Action along with Form I-485 in order to prove that Form I-130 is in process.
• Outside the US: Immediate relatives outside the US obtain green cards through consular processing. The USCIS will work to schedule a visa interview with a U.S. consulate in the relative's country. The Department of State will notify the relative when he or she is may apply for an immigrant visa, which must be applied for within one year of this notification. Once the Department of State issues an immigrant visa, the relative may travel using the visa and will obtain permanent residency when they reach a U.S. port of entry.

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Family Preference:

• Inside the US: 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 adjusting the following June 2017 URL to reflect the current month and year uscis.gov/visabulletin-Jun-2017). 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.
• Outside the US: Family Preference relatives outside the US also obtain green cards through consular processing. See those details above.

Remember...

• In most cases, children's ages are “frozen” as the ages listed when Form I-130 was filed.
• If unmarried children of U.S. citizens get married before obtaining green cards, they may cause serious delays in processing. Children of U.S. citizens must notify USCIS of any change in marital status after submitting Form I-130.

Last Updated: January 18, 2023.

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When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document. When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. This article will explore some of those limitations.

The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney. 

Before Travel Authorization is Granted

Traveling inside the US Before Travel Authorization is Granted

Before USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending.
However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. Because of this, any interactions with US immigration while traveling presents the potential for issues.

Additionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned.

Traveling outside the US Before Travel Authorization is Granted

After submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. Doing so would result in the green card application being denied and could lead to misrepresentation investigations. 

*NOTE: While some dual-intent visas allow for continued travel while a green card application is pending, traveling on a dual-intent visa before the Advance Parole/Travel Authorization is approved likely means that USCIS will deny Form I-131 and will not grant Advance Parole. 

Overall, it can be beneficial for an applicant wishing to travel internationally to wait until USCIS has granted them Travel Authorization before they travel outside the United States. If this travel authorization is pending, an applicant would need to consider whether they have a valid document that will allow for their re-entry into the US and whether they accept the potential repercussions of abandoning their pending application and subsequent denial of the Green Card. 

Navigating Travel after Travel Authorization/Advance Parole is Granted–But While the Green Card application is Still Pending

Currently, the average wait time for the Travel Authorization/Advance Parole document adjudication is around 9-12 months, while the Green Card application itself may take anywhere from 12-24 months to be approved. Due to these timelines, USCIS will likely grant an applicant’s travel authorization while the Green Card application is still pending approval. 

When USCIS issues the Travel Authorization/Advance Parole document, an applicant is essentially authorized to travel in and out of the US while their green card is still being processed. However, after this travel authorization has been approved, there is still some risk that an applicant could experience difficulties re-entering the US or miss important USCIS notices while they are out of the country. This article will discuss these potential risks in greater detail below.

Risks of traveling While a Green Card application is pending

Risks During Re-entry

After international travel, re-entry into the United States is ultimately at the discretion of the US Customs and Border Protection agent, who inspects upon arrival. This means that even if someone has been granted Advanced Parole and has a valid travel authorization document, US Customs and Border Protection can still technically deny their re-entry. Thus, travel authorization does not guarantee entry into the United States.

While generally, there are no issues re-entering, there is always a risk. These cases are not typical, and you can diminish risk by following laws and regulations and not committing crimes that could jeopardize your ability to reenter the United States.

Risks of missing time-sensitive USCIS notices while traveling

The Biometrics Appointment
In the weeks after someone submits a green card application, USCIS will mail them a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). The appointment notice (Form I-797C, Notice of Action) will include the date, time, and location for the ASC appointment. It is recommended that this appointment is attended whenever possible, as it can be challenging to reschedule.

If you are traveling abroad on a dual-intent visa when you get the notice for the biometrics appointment, it could be challenging to return to the United States in time to make the appointment.

Notices for Requests for Evidence

When USCIS needs more information for a case, they issue a “Request for Evidence” (commonly called an RFE). The RFE letter comes in the mail, and USCIS typically outlines what documentation must be submitted and issues a deadline by which they must receive that information. They specify that the applicant must submit the requested documents to them before that deadline. Cases that do not respond to the RFE by that deadline will have their green card application denied. 

Applicants wishing to travel abroad while the green card application is pending will want to be aware that if they receive an RFE while they are away, they will need to respond to the RFE before the deadline or risk having their application denied.

The Green Card Interview with USCIS

In the months after completing your biometrics, USCIS will schedule an interview with a USCIS officer. This interview is conducted in person and is arguably the most important moment in the process of getting a green card. USCIS will mail you an appointment notice (Form I-797C, Notice of Action) which will include the date, time, and location for your interview. It is critical that applicants don’t miss this appointment. Be aware that, in some cases, USCIS can schedule the appointment within weeks of issuing the notice. If you are traveling abroad when you get the notice for the interview appointment, it could be challenging to return to the US in time to make the appointment.

Partner Immigration Attorneys Can Help You Plan

Navigating Travel while a Green Card application is pending presents many nuanced situations. If you have any questions about this topic or how this applies to your specific situation/visa, consider signing up for SimpleCitizen’s Professional Package–which allows you to discuss your questions and concerns with one of our independent partner Immigration Attornies.

Learn more about what this package includes here: https://www.simplecitizen.com/pricing/

FAQ

Can I use my dual intent visa (H1B or L1) to travel while my green card is pending?

If someone has proof of a valid dual-intent visa, they can travel while the green card is pending without the risk of USCIS deeming their case as abandoned. However, this does not apply to the O visa. Please refer to this article for more information about travel with an H1B visa. 

Can I travel using my K-1 visa?

The K visa serves as a single entry visa, meaning that once someone enters the US, they cannot use that visa again to leave and reenter the US. Instead, they would need to consider waiting for the travel authorization or the green card to be granted. 

Since an O-1B visa is considered dual intent, can someone use it to travel while they wait on travel authorization through their adjustment of status application?

The O-1 visa is a dual-intent visa in the context of visa approval but not in the context of travel authorization. As such, USCIS will consider that someone traveling abroad on an O visa while the green card application is pending (and before the travel authorization has not been granted) has abandoned the green card application, and this application will be denied. 

Last Updated: January 15, 2020.

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Every year more than 1 million people apply to get a green card in the United States. This is an important moment in each one of these families lives, and for many, it is their first step towards citizenship in the United States. All of those green card applications mean a lot of paperwork for the US Citizenship and Immigration services (USCIS), and it also means a lot of mistakes. Mistakes can lead to delays, rejections, and in some cases, denials.

We have put together this list of some of the most common reasons green card applications are rejected. Reading this list can help you avoid some of the most common errors that people make when submitting their green card application.

1. Missing forms in your application

Potential Time Lost: 6 months to 2 years

A green card application is not one form that you fill out and submit to the US government. It is not that easy. A typical green card application is a complex web of about 6 to 8 different government forms and various supporting documents. All of these forms make up a complete green card application. Now you may be submitting an adjustment of status application for a relative already in the United States or you might be trying to apply for a green card for a spouse or parent that is in a different country. Either way, you are going to be submitting several forms to eventually get the green card.

Missing some of the required forms is an easy way to slow things down for your application. For example, in some cases you can submit all of the required forms to the US government at the same time. This is called a concurrent filing. This will cut down your process time by years. But make sure that you don’t miss any of the forms or you will lose valuable time.

2. Missing document translations

Potential Time Lost: 6 months

When you file a green card application you will be submitting many supporting documents to back up your information and prove that you really are who you say you are. The types of documents that you have to submit are birth certificates, marriage certificates, driver’s licenses, passports, visas, bank accounts, etc. If the documents are not already in english, a certified english translation will need to be included. Not getting your documents translated and getting the translation certified can delay your application by up to 6 months.

3. Forgetting to sign your forms

Potential Time Lost: 6 months

Potential Money Lost: $50-$100

All of the work spent on making sure you have a perfect application can be wasted if you don’t sign your forms AND sign them in the proper place. This is important: make sure that you SIGN ALL YOUR FORMS. Also, make sure that the correct person is signing the correct form. Some places the person getting the green card will be signing, the applicant or beneficiary. Sometimes the person who is sponsoring the person getting the green card will be signing, this person can be referred to as a petitioner or applicant on the actual USCIS forms. This part is tricky, but getting it wrong means an automatic rejection by the USCIS. Take a few minutes to double-check everything before shipping it off to the government.

4. Incorrect government payment

Potential Time Lost: 2-4 months

Potential Money Lost: $50-$100

Many people mess up the actual fees that the government charges to process the green card application. The USCIS is charging you a lot for your application and you need to make sure that you are signing your personal checks correctly and for the right amounts. The instructions on the USCIS forms will tell you how much it cost to process each form/application. If you are submitting an application for a green card, expect to be sending at least $1,000 to the US government. If you are only attaching a check for $100 or $300, then something is wrong. The USCIS will send your application back with an invoice for the correct amount. This will put you at the back of the line and leave you feeling frustrated.

5. Missing an important deadline

Potential Time Lost: 6 months

Potential Other Possible Repercussions: Denied Application

Once you enter the United States and begin your green card application process, the clock starts ticking with several important deadlines that you need to be aware of. You need to think about your visa expiration date, the dates for processing the application, the dates for the interview and finally the renewal deadline 2 years after. Missing these dates can be dangerous and result in a denied application. The US government takes these deadlines very seriously and will assume that you do not want to become a lawful permanent resident if you miss one. Make sure that you have a clear understanding of the timing of the application and where you will need to be when the time comes to avoid missing out on that appointment and becoming a green card holder.

6. Accidently giving false information

Potential Time Loss: 6 months – 1 year

Potential Other Possible Repercussions: LIFETIME BAN FROM US

Getting your background history wrong, even by accident, can be seen as lying on your application. If the US government thinks that you are lying on your application, your application is likely to get denied. Make sure that you have all of your dates, locations, criminal records, and important items handy while you are filling out the application. This way you can avoid mixing up your own history and creating serious complications for your application.

7. Falling for a scam

Potential Time Lost: 6 months – 2 years

Potential Money Lost: $500 - 5,000+

There are thousands of people trying to take advantage of immigrants every year. Notarios are just one type of scam out there. The most important thing to remember when going through the green card application process is “if it sounds too good to be true, it probably is”. Stay away from online websites that ask for a credit card without guarantees. Avoid shady lawyers that demand payments before hearing your case. Do your homework before trusting someone to help you with your immigration paperwork. If you make the mistake of getting scammed, you may lose your chances of becoming a legal permanent resident forever.

8. Not getting the right help

Potential Time Lost: 6 months

If you try to do something really complicated without any help, all by yourself, there is a good chance you will make a mistake. Immigration is not a game and mistakes are costly. Don’t waste valuable time and money trying to do everything by yourself. Immigration paperwork is scary even for people that speak English fluently. There are many organizations and resources to help you through this process. Use the resources and avoid mistakes. Every year, more than 100,000 applications are rejected by the USCIS due to avoidable mistakes. With the right help, you can easily avoid these mistakes and save yourself months and years of waiting. Not getting help can be one of the most costly mistakes.

9. Not being eligible to apply

Potential Time Lost: 6 months

If you submit a green card application and you don’t qualify, you will get rejected. This is a no-brainer, but sometimes figuring out when and how you can actually apply can be really tricky. If you make the mistake of submitting a green card application too soon, too late, with the wrong person, or for a thousand other reasons, you will lose months of valuable time. The USCIS has tools to help you figure this out. Even after doing your homework, sometimes it is helpful to consult with an immigration attorney to make sure you are not missing something important.

10. Financial requirement issues

Potential Time Lost: 2-4 months

When you submit a green card application you need to have a financial sponsor. This financial sponsor will be submitting the Form I-864, Affidavit of Support. There are several requirements for this person to be your financial sponsor; they need to be a US citizen, they need to live in the US, and they need to meet the income requirements as outlined in the Form I-864P, Poverty Guidelines for the Affidavit of Support.

If your sponsor doesn’t make enough money, they can have someone else step in as a joint-sponsor to include their income to meet the requirements. Adding another person like this also increases the amount of income needed. There could be a whole different 5 Common Mistakes Made on the Form I-864, and for this reason, it is a common trap for people trying to get a green card. Read the instructions carefully to make sure that if your petitioner doesn’t meet the requirements, that you are working with someone that does meet the requirements for their household size, plus the person that will be getting the green card.

This is not a complete list. There are many mistakes that people can make when submitting a green card application. These are just some of the most common. If you take your time and are very careful you will make it through this process without too much trouble. This is an exciting part of your life and you shouldn’t be worried and stressed about paperwork.

Last Updated: May 8, 2024

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Obtaining lawful permanent residence status, or a green card, is a necessary step on the way to becoming a U.S. Citizen. As a green card holder, in addition to the right to live and work in the U.S. on a permanent basis, you gain an important new set of rights. Significantly, you can now sponsor certain relatives applying for their own green cards. You are also allowed to travel from and return to the U.S. without disrupting your status. Green card holders can make campaign contributions, receive Social Security benefits after ten years of work in the country, and are eligible to get in-state tuition.. If you are interested in applying for a green card, this guide will help you understand the avenues for obtaining a green card, specifically detailing the process for those eligible through an immediate family member.

Green Card Eligibility

In general, to apply for permanent residence in the U.S. you must meet each of the following requirements.

1. You must be eligible for one of the immigrant categories set forth by the Immigration and Nationality Act. The most common immigrant categories are having a qualified family member, having a job offer or employment, or being a refugee or having asylum status. There are many other avenues of eligibility, including for victims of trafficking and the Diversity Immigrant Visa Program, so consult the U.S. Citizenship and Immigration Services (USCIS) website to determine your status.
2. For most immigrant categories, an immigrant petition that establishes the basis for your immigrant eligibility must be filed on your behalf.
3. You must be eligible for admission to the United States, meaning there are no health-related, criminal, security or other grounds for inadmissibility.
4. A visa must be immediately available. For immediate relatives of a U.S. Citizen, visas are always available, but for all others, there are a limited number of visas awarded each year. The order in which these visas are assigned is determined by immigrant visa preference categories under U.S. immigration law.

Immediate Relatives of U.S. Citizens Living in the U.S.

Parents, spouses, and unmarried children under the age of 21 (natural or adopted) of U.S. citizens are considered immediate relatives and do not have to wait to get a visa. If you are an immediate relative of a U.S. citizen and meet all of the green card eligibility requirements, you can file for a green card. If you are living inside of the United States, you may apply with Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time your sponsoring family member files Form I-130 (Petition for Alien Relative). This called concurrent filing (where you file all forms at the same time and to the same place) and is the preferred and most expedient way to file. However, if your sponsoring family member has previously filed Form I-130 and it has not been denied, you can still file your Form I-495 but must also attach a copy of Form I-797 (Notice of Action). Form I-797 is simply a receipt that shows your Form I-130 has been received or approved.

1. Filing Form I-130

This form is available on the USCIS website and must be completed by your sponsoring relative. In addition to completing the Form I-130, your sponsor must submit documents proving U.S. citizenship and documents proving the family relationship. Consult the USCIS website to determine what forms of proof are accepted. Any documents in a foreign language must be accompanied by a certified English translation.Click here to prepare your green card packet (including I-130) with SimpleCitizen.The filing fee for this form is $675. This fee cannot be waived. Consult the USCIS website for the correct address as it varies.

2. Filing Form I-485

You can find this form on the USCIS website. In addition to fully completing your Form I-485, you must provide the USCIS with supporting documentation. You must include evidence of your criminal history, if any, a copy of your foreign birth certificate or other birth records, a copy of the passport page from any nonimmigrant visa issued from a U.S. Embassy or consulate abroad within the past year, two passport-style color photos, and, if required, a medical examination report (Form I-693). Note that all documents in a foreign language must be accompanied by a certified English translation.The filing fee for Form I-485 is $1,440. If you are unable to pay this fee, a fee waiver might be available. Click here to prepare your green card packet (including I-485) with SimpleCitizen.

3. What Happens Next?

Within one to two weeks of submitting your paperwork, you will receive Form I-797 (Notice of Action), which includes a receipt number from the USCIS that will allow you to track the status of your application. To check your status, go to USCIS.gov, enter the thirteen digit receipt number, and click "Check Status." Next, sometime after your application is filed, you will be notified in writing where and when you must go for a biometric services appointment, which entails fingerprinting and possibly taking a photo or submitting your signature. If you do not go to this appointment, your application might be denied. Finally, you will be called in for an interview at your local USCIS office. It is possible your green card will be approved at this interview.Although the wait time for an interview can vary, for an immigrant spouse living in the U.S. after legal entry, the average wait is six months to a year. Within 30 days of being informed that your green card has been approved, you will receive a welcome notice from the USCIS. Then within 30 days of receiving the welcome notice, you will finally get your green card in the mail.

Non-Immediate Family Members

Parents, spouses, and unmarried children under the age of 21 (natural or adopted) of U.S. citizens are considered immediate relatives and do not have to wait to get a visa. However, other qualified relatives are placed in preference categories depending on their relationship to the sponsor. U.S. Immigration law limits both the number of visas given to each category every year and the total given to each country. There are 226,000 family-sponsored preference visas allocated each year, and each category is given a law-mandated percentage of that total. The wait to submit a visa application can be years or even decades.To start the visa process, the sponsoring family member must file a visa petition (document form I-130). The date this petition is properly filed becomes the applicant’s “Priority Date.” Each month, the State Department puts out the Visa Bulletin, listing which Priority Dates can submit their visa application for each preference category. The Visa Bulletin actually lists two dates- those priority dates that are Eligible for Final Action, which means their visas are ready to be issued, and priority dates that are Eligible for Filing, which is the date those people can file their application for a visa, often years before their visa is ready to be issued. The visa application is called an “Adjustment of Status” application. Many choose to file ahead of time because those with pending applications are eligible for temporary Employment Authorization Documents and Travel Permission while they wait for their visa.There are four family-sponsored preference categories. The priority dates eligible for final action and filing are determined by these preference categories, as well as the current country of citizenship (called the country of chargeability). There are some countries (mainland-born China, India, Mexico and the Philippines) that have a high number of applicants and therefore applicants from those countries may have longer wait times than others in their same preference category.

The First Family Preference (F1)

F1 is for unmarried sons and daughters of U.S. Citizens over the age of 21, and their children, if any. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was almost seven years from their priority date. The waits for high volume countries vary. For example, the wait for Mexican applicants to be eligible for a visa is currently twelve years, whereas those from China and India are waiting seven years.

The Second Family Preference (F2)

F2 is divided into two sub-preference categories (F2A and F2B). F2A covers spouses and children (under 21) of permanent residents. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was about two years from their priority date. F2B is for unmarried sons and daughters (over 21) of permanent residents. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was almost seven years from their priority date.

The Third Family Preference (F3)

F3 covers married sons and daughters of U.S. citizens, their spouses and minor children. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was about twelve years from their priority date.

The Fourth Family Preference (F4)

F4 covers brothers and sisters of adult U.S. citizens, their spouses and minor children. As of May 2017, the wait for applicants in this preference category, not from a high volume country, was around thirteen years from their priority date.

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Helpful links‍

SimpleCitizen's 2017 Green Card Application Guide
‍Find out if you are eligible to apply
‍Marriage Based Green Card Interview Questions

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