Learn more about green card applications and their associated forms and processes.
Understanding the steps that follow after submitting Form I-130.
Last Updated Jan 15, 2020.
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:
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.
After your I-130 is received, it will be reviewed. USCIS prioritizes the review of petitions from Immediate Relatives, which comprise:
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:
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.
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:
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This article explores travel limitations that may exist while a green card application is pending.
Last Updated: January 18, 2023.
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.
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.
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.
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.
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.
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/
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.
Top 10 Green Card Application Mistakes
Last Updated: January 15, 2020.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Getting a Green Card for Family Members
Last Updated: May 8, 2024
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.
In general, to apply for permanent residence in the U.S. you must meet each of the following requirements.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What is Form I-485 used for?
Last Updated: February 5, 2020.
Form I-485, Application to Register Permanent Residence or Adjust Status, is used to either register for permanent legal residence in the United States or adjust to permanent resident status. Adjusting to permanent resident status simply means obtaining a green card (i.e. permanent legal residency) without having to return to your home country if you’re already in the United States.
While Form I-485 is a required step on your path to legal citizenship, it isn’t the only step. In fact, you will need other completed forms and evidence depending upon your unique situation. For example, you will need a completed Form I-130 if you are getting residency through a family member who is already a citizen or lawful permanent resident of the United States.
This Form is filed with U.S. Citizenship and Immigration Services (USCIS). While your family member is responsible for Form I-130 to establish a familiar connection that enables you to take the next step in the immigration process with Form I-485, you are responsible for the completion and filing of Form I-485.
Evidence required for green card applications.
Last Updated: February 5, 2020.
Along with a fully completed and signed Form I-485, there is evidence that you must include to be considered for lawful permanent residency or to adjust your status.
You can upload all required documentation within your SimpleCitizen account:
What you must submit will vary depending upon your previous offense:
There is no need to submit evidence for traffic fines or incidents that didn’t involve an arrest as long as the fine was less than $500 and/or points on your driver’s license. However, you must submit evidence if the traffic incident was related to alcohol or drugs.
You must include a copy of your foreign birth certificate or other birth record with Form I-485.
If you have a nonimmigrant visa(s) from a U.S. Embassy or consulate that you received outside the United States within the past year, you must include photocopy(ies) of the page(s) with your Form.
You must include two identical color photographs of yourself taken within 30 days of your application with the Form.
Each photo must:
You may also use passport photos that follow the three bullet points above and meet these additional criteria:
If you are between the ages of 14 and 79, fingerprints are required by USCIS biometrics services. You will submit your fingerprints once you have filed your application.
To do so, USCIS will contact you in writing to let you know where and when you must go to be fingerprinted. If you do not follow these instructions, your Form may not be approved.
Police clearances are sometimes required for individuals seeking an adjustment of status as a member of a special class outlined in an I-485 supplementary form. You must read the instructions on the form to see if you need police clearances with your application.
Some individuals must submit a medical examination via Form I-693, Report of Medical Examination and Vaccination Record:
If you are between 14 and 79 years old, you must include Form G-325A with your application.
You must submit an Affidavit of Support (Form I-864) if you’re filing Form I-485 as the fiancé of a U.S. citizen or lawful permanent resident, through Form I-130 (relative petition), or Form I-140 (an employed-based visa petition).
You must include an employment letter with Form I-485 if you are using an employment-based visa petition to enter the U.S. This letter must be sent on your employer’s letterhead and confirm that the job is available and the salary you will be paid.
Depending on how you enter the United States, your eligibility evidence will differ:
You must include evidence of your citizenship or nationality. Examples of acceptable evidence include copies of your passport, birth certificate, or other travel documents.
You should file your application with the other applicant and with:
If you are applying as a spouse, you must include a copy of your marriage certificate and documents showing that all previous marriages have been legally ended.
If you are applying as a child, you must attach a copy of your birth certificate. If the applicant isn’t your parent, you must submit evidence (including marriage certificates, legal endings to all existing marriages, and the adoption decree) to prove that you are the applicant’s legal child.
Along with all other evidence indicated above, you must include:
Evidence of parole may include:
If you don’t have any of these records, you may need to request this information through the Freedom of Information Act (FOIA). If you still cannot find your records, you may include an affidavit (sworn oath) with Form I-485 requesting that DHS search its files to locate any existing proof that you were paroled as part of the programs listed above.
Evidence of physical presence in the U.S. during the time period indicated above may include documents issued by a federal, state, or local authority, such as:
Any evidence must be in your name and bear the signature, seal, or other official marks of an issuing authority (if from an official agency) and be dated no later than the required date.
Learn about the costs associated with filing Form I-485.
Last Updated: January 2023.
If you are filing the I-485 (Adjustment of Status) application, you will need to pay the government fees. You will submit these fees with the application when you mail it to USCIS. The amounts you will pay will vary based on your circumstances. This article explains how to calculate how much to pay.
Filing Form I-485 typically costs $1,440. For children who are under the age of 14 and who are filing with at least one parent, the fee is only $950. There are additional filing categories under which Form I-485 fee may be waived.Here are some examples to help walk you through the fee rules:
If you still need clarification about how much to pay, you can also use the USCIS Fee Calculator to double-check. USCIS changes its fees periodically, so double-checking the fee calculator is always a good idea.
Please note: Depending on which forms you are filing at the same time as Form I-485, additional filing fees may be associated with submitting your application. The most common fees are the filing fee for Form I-130, Form I-765, and Form I-131. For information on how to pay the I-485 fees, see the following article. With all of our packages, we include detailed instructions and support with the entire application process, including paying the fees to USCIS. We would be happy to help you prepare your I-485 application! Click here to get started.
What a joint sponsor is, their requirements, and when a joint or household sponsor is needed.
Last Updated: May 25, 2023.
Part of the green card process for family-based green card applications is filing the Form I-864, Affidavit of Support. Form I-864, Affidavit of Support is one of the most difficult forms to file in the Green Card application process. It can be difficult to understand why it exists, what USCIS is looking for, when it is required, and for whom. This article will provide you with details regarding what a financial sponsor is, what the requirements are for a financial sponsor and how USCIS determines if someone meets the requirements, and when a household member or joint sponsor is needed.
Form I-864 is a contract between the person who files of the form (the sponsor) and the United States Government. Anyone who fills, signs, and submits the form on behalf of an intending immigrant becomes a sponsor and is held to this contract.The primary aim of this contract is to provide USCIS with proof that the sponsor has sufficient financial means to support the applicant, in a case where they may ever need financial support By signing Form I-864, the sponsor is agreeing to use their financial resources to support the intending immigrant affidavit, if it becomes necessary. One of the primary reasons USCIS requires this is to protect the U.S. government from people entering the United States and then using government financial resources. Another important point to be aware of is that by filing this form, the intending immigrant may become ineligible for certain means-tested (finance-based) public benefits offered on Federal, State, or Local levels. Should the applicant/beneficiary ever use these public benefits, it is within the rights of the agency providing the benefit to require the sponsor to repay the costs of the benefits used, as per the conditions of the contract. In cases where the benefit is not repaid, the agency is able to sue the sponsor . While this is extremely uncommon, it is a risk all sponsors should be aware of.For more information regarding which benefits are considered, please see the I-864P Poverty Guideline page.
The contract between the sponsor and the US government begins the moment USCIS receives the Form I-864 and does not end until at least one of the following conditions has been met:
Form I-864 must be submitted by all applicants seeking a green card benefit through connection to a family member. In other words, all family-petitioned (and even some employment-petitioned) applications are required, by law, to include Form I-864 at some point throughout the green card application process. For individuals going through the consular process abroad, this is done along with the DS-260. For those applying to adjust status within the United States, this is done along with submission of the Form I-485.All family-based petitioners, regardless of income or employment, are required to file Form I-864 on behalf of the relative they are petitioning. In other words, they must accept a degree of financial responsibility for that relative by submitting Form I-864. However, in situations where the petitioner does not meet the income requirement, USCIS requires that another sponsor be added. This individual can be either a household member of the petitioning sponsor or they can be a joint sponsor. Anyone whose income is being used to meet the income requirements set forth by USCIS automatically accepts the agreed upon financial responsibility for the applicant/beneficiary. There are certain exemptions to the rules listed above, which can be found on pages 1 and 2 of the Form I-864 Instructions.
As mentioned above, it is important to remember that the petitioner via Form I-130 is REQUIRED to file the financial affidavit regardless of if they meet the financial requirements or not. By doing so they are accepting the financial responsibility over the intending immigrant. However, if the financial requirements are not met another sponsor will need to be added in addition to the petitioning sponsor. Let’s take a deeper look into what that looks like.
*Please note that despite what is outlined in USCIS policy, we are seeing the following circumstances result in greater scrutiny from USCIS and higher rates of receiving a Request for Evidence even if the sponsor’s income was 125% or more of the poverty line:
In instances where the sponsor falls into one of the four listed categories, we have seen applicants experience the most success when they add an additional sponsor to the application.
There are two main ways in which someone can be added as an additional sponsor to an application. We are going to take a look at both types of sponsors so that it is clear who qualifies as an additional sponsor and which type of additional sponsor they would be.
A household member is a sibling, parent, or adult child with the same principal residence as the petitioning sponsor. When their income is used for financial support on the application they file the I-864A, Contract Between Sponsor and Household Member. The difference of filing as a household member instead of a joint sponsor is that instead of having to independently meet the income threshold, their income will be combined with the petitioning sponsor and USCIS will make their decision based on the total household income.For example, If Robert is sponsoring his wife for a green card and has an annual income of $10,000 and his father, Mark, who lives with them, agrees to financially sponsor as well then his income of $40,000 would be added together and USCIS would consider the $50,000 of household income.
A joint sponsor is someone who helps the primary sponsor to satisfy the financial requirements of sponsorship. While both the petitioning sponsor and the joint sponsor will be required to file Form I-864, USCIS will make a decision regarding the joint sponsor’s income independent of the petitioning sponsor. For example, If Robert is sponsoring his wife for a green card and has an annual income of $10,000 and John, a family friend, agrees to financially sponsor as well and his income is $40,000 then, when reviewing John’s form, USCIS would consider only John’s income $40,000 when deciding whether he is eligible to act as a sponsor.
The financial sponsorship forms are considered to be some of the most complicated and highly scrutinized by USCIS. It’s important to be thorough and provide evidence that is as clear as possible. Having the guidance of a licensed immigration attorney can be extremely helpful, especially when filing form I-864. If you are interested in getting the peace of mind that comes from legal support without the high cost of a conventional immigration lawyer, SimpleCitizen partners with a network of independent attorneys who offer their legal guidance and recommendations.Here at SimpleCitizen we offer the ability to send joint sponsor’s a private link that will retrieve all of the information needed and complete the required documents for the sponsor.If you have any other questions about a sponsor feel free to use our live chat.
Click here for information about sponsors from the USCIS website.
Learn more about how to File Form I-485.
Last Updated: January 15, 2020.

The Form I-485, Application to Register Permanent Residence is the form used to apply for Lawful Permanent Residence (also known as holding a green card).
"Adjustment of status" (AOS) is the process by which an immigrant applies to adjust his or her status from "nonimmigrant" to "immigrant".
Once your application is approved by USCIS, you can live and work in the United States indefinitely, and possibly apply to become a naturalized citizen later.
Applying to become a lawful permanent resident in the United States means submitting the Form I-485 with it's required supporting documents (Form I-130, Form I-693, Form I-864, etc.) to USCIS. If your petitioner is an immediate family member, you can submit all the paperwork and forms together at one time.
Need help applying? Learn how to prepare your application with SimpleCitizen here.
Once your application is approved, you will receive your green card in the mail approximately 8 to 14 months after you initially filed. To see a complete processing times timeline, click here.
If you are uncertain whether or not you are eligible to apply for a green card, feel free to use SimpleCitizen's eligibility quiz here.
Here's how it works:
If you choose to do it on your own, here is a step-by-step guide to accurately filling out the Form I-485, Application to Register Permanent Residence.
You can download the official USCIS form here.
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1.a. - 1.c. - This section is just asking for your legal name. Make sure to include your current full legal name. If you have two last names, you should include both.

2.a. - 4.c. - This section is asking for other names you have used in your life. This could include your maiden name, name with previous spouses, family name at birth, any nicknames, aliases, or assumed names.

5. This is your date of birth in MM/DD/YYYY format.
6. Here you will choose your sex.
7. This is your city or town of birth. No need to include an address.

8. This is your country of birth.
9. This is your country of citizenship or nationality.
10. This is your Alien Registration number, if you have one. I can find this number on your work authorization (EAD) card.
11. This is your USCIS online registration number. You will only have this if you have created an account on USCIS.gov.
12. This is your US social security number if you have one.

13.a. - 13.f. - This is your current U.S. mailing address. If someone else is receiving your mail for you, their name will be included in 13.a.

14.a. - 14.f. - This section is for a safe address for immigrants applying under Violence Against Women Act (VAWA), special immigrant juvenile, human trafficking victim (T nonimmigrant), or victim of a qualifying crime (U nonimmigrant). You should fill out this section if you don’t want the USCIS to send notices to your home.

15 - 19 - You will answer these questions if you came into the U.S. with a passport or travel document.
15. This is your passport number.
16. If you came in with a travel permit, you should include its number here.
17. This is the expiration date of your passport or travel document.
18. This will be the country that issued your passport or travel document.
19. If you have a nonimmigrant visa number from this passport, you will enter it here.

20.a. - 20.b. This is the city or town where you last entered the U.S. If you flew into the country, it will be the city with the airport where you went through U.S. Customs and Border Protection. For example, if you had a layover in the U.S. before reaching your final destination, you would have gone through Customs and Border Protection before your final destination. If you came into the country by land or sea, you will put the city with the border crossing or the city with the nearest border crossing where you arrived. Find your most recent I-94 here.
21. This is the date you last arrived in the U.S.

22.a - 22.d. Here you will check if you were inspected by an immigration officer. Being inspected by a U.S. Immigration Officer means that an immigration officer stamped your passport the last time you arrived in the U.S. If you were inspected by an officer, you will also put your admitted status such as F-1 (student) or B-2 (visitor for pleasure). If you don’t know the code for your visa designation, you can describe your status with a term like “student” or “visitor” or “asylee.” You can also find the code on the U.S. visa in your passport. If your status is humanitarian parole or Cuban parole, you will check 22.b. If you came into the U.S. without permission, you will check 22.c. If it were any other circumstance, you will check 22.d. and explain the circumstance. If you are unsure how to answer this question, try filling out your I-485 online with SimpleCitizen.
If you don’t remember any of this information, you can find most of it on your most recent Form I-94 on the Department of Homeland Security’s (DHS) website. Unless you came before April 30, 2013, then you will find form I-94 in your passport.
23.a. Here you will put your I-94 arrival-Departure record number. You can access your I-94 with the link above.
23.b. Here you will put the admit until date found on your I-94. This is almost always different from the U.S. visa found in your passport, so make sure to put the I-94 date. Under some status, mostly students and exchange program visitors, you will not have no exact expiration date. Instead, your I-94 will say “D/S” this stands for duration of status. If your I-94 says “D/S”, you will include that instead of a specific expiration date.
23.c. Here you will put the status indicated on your I-94. This could be your class of admissions or paroled if you are paroled.
If you currently do not have legal status, you should indicate that. If you have overstayed your I-94 expiration date, you should put “overstay”. If you entered without permission, you should put “EWI” (entry without inspection). If this is your situation, you may not be eligible to adjust status if you are the immediate relative of a U.S. citizen. Regardless, you may want to seek legal counsel if this is your situation.

24. If your immigrant status has changed since your arrival, this is where you will include your current immigration status.
25.a. - 25.c. Here you will put your name EXACTLY as it appears on your I-94.
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Part 2 asks details about your eligibility for adjusting status. If you have an approved immigrant petition, you should included the Form I-797 receipt or approval notice with form I-485.
1.a. - 1.g. Here is a list of different categories of eligibility. Select the one that applies to you.

2. This most likely does not apply to you. the Immigration and Nationality Act (INA) section 245(i); is an old law that applies to only a select group of people who came into the U.S. without permission. To find out if this applies to you, visit USCIS.gov.
Information About Your Immigrant Category

3. If you have an approved petition, you should include its receipt number here. A petition could be an Form I-130, Form I-140, Form I-360, Form I-526, or I-918. The receipt number will be included on the Form I-797 approval notice the USCIS mailed.
If you are filing concurrently (i.e. filling out the petition at the same time as the I-485), question 3 and 4 do not apply to you. Leave it blank.
4. If you have an approved petition, you should include its priority date here.
5 - 9. This section only applies to a derivative applicant. A derivative applicant is an immigrant who didn't need a separate petition rather depends on the petition of a principal applicant. This would most likely be a parent or spouse. In this sections, you will include the information for the principal applicant.
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1 - 4. If you have ever applied for an immigrant visa (green card) at a U.S. Embassy or Consulate, you will fill out this section. In question three you will put either approved, denied, refused, or withdrawn. Don’t worry about explaining why the decision was made. That is not necessary.

5 - 7. Here you will provide your physical address history for the past five years. Provide your current address first. If you have had more than two addresses, you can include additional information in Part 14. Additional Information. This information is provided so the USCIS can perform a background check, so make sure it is as accurate as possible.

9.a. - 10.b. Here you should provide your most recent address outside the U.S. where you live for more than one year. However, if you have already provided it above, you do not need to include it here.

11 - 18.b. - This is also for a USCIS background check. You should provide your 5-year employment history. Again make sure it is as accurate as possible. If you have additional info, you can provide it in part 14. Additional Information. If you have not been working, enter “None” or “N/A”.

19 - 22.b. Here you should provide your most recent employment (even if you were there less than one year) outside the U.S. if you have not provided it in 11-18.
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1.a. - 16. Part four asks background information about your parents. If they have passed away, you should answer DECEASED on question 7,8,15, and 16.
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1 - 16.c. Part 5 gathers information about your marital history. This section is particularly important for applicants who are immigrating through marriage. The USCIS wants to verify that you are really eligible.
You will provide information about previous marriages. If you run out of space, again, use Part 14. Additional Information.
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1 - 16. Part 6 is where you provide information about your children. First, you will indicate your total number of living children. You will then provide basic information about them. You should include both adult children and stepchildren here. Failure to do so could create doubt of your relationship if they want to immigrate to the U.S. in the future. If you need more space, go to Part 14. Additional Information.
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1. In this section, you will add some biographical information. This is so the USCIS can confirm your identity. First you will put if you are hispanic or not. Hispanic or latino is a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin.
2. In this question, you will put your race. This can be confusing because there are only a few categories. Here is a guide for the USCIS:
3 - 6. For the remaining questions, you will put your height, weight, eye color, and hair color.
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This section is long. Don’t stress though. The purpose of this section is to make sure you have not done anything to make you inadmissible to the U.S. Being inadmissible means you would not be eligible for entrance to the U.S. at all due to crimes, immigration violations, or other reasons. If you have been involved in any organization that promotes violence, you should seek the advice of an attorney.
1 - 13.b. In this section, you will include any organization, association, fund, foundation, party, club society, etc in which you have been involved. This is mostly to determine if you have been involved in a violent organization, but including volunteer or religious organizations can help show the USCIS officer that you are a moral person.
14 - 80.b. Most of these answers should be “no”. However, you have some “yes”. If you have overstayed a visa, you should answer “yes” on question 17. You can then explain the circumstances in Part 14. Additional Information. On question 24.a. -24.c. you may also answer yes and explain the circumstances around your J-1 visa two-year requirement.
You should also disclose all arrest. Even if it was a mistake or for a minor crime, you should include them. You do not have to include diving tickets unless drugs or alcohol was involved or if you were fined over 500 dollars. If you have any arrests, you should attach documentation with your Form I-485.
If you have received public assistance, you could be found inadmissible. If this is your situation, you should consult with an attorney before mailing in your Form I-485.
Remember: Never lie on any immigration form. If the USCIS discovers that you have lied on a form, you can be found inadmissible.
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Part nine asks if you have any disabilities or impairments that need accommodations for your interview. This could be a sign language interpreter. You should explain your need in this section.
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Congratulations, you are about done! Here is where you sign Form I-485. You will also check that you can read and understand English so that they know you understand what you are signing. You will also include your contact information.
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If you don’t speak English and have relied on an interpreter to fill out Form I-485, this is where he/she will sign. You don not need to know English to get a green card, but you will need an interpreter at your USCIS interview.
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This is where an attorney would include their credentials. You probably will leave this blank considering you’ve been using this step-by-step guide.
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This is the section where you will sign at the USCIS interview! Until your interview, leave it blank. Congratulations, you’ve finished!