What is Form I-864?

Form I-864, Affidavit of Support Under Section 213A of the INA, is the application for financial sponsorship. For many applicants who file Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-864 is required to prove the ability to support an intending immigrant financially. Form I-864 is a contract between the person who files the form (the sponsor) and the United States Government. Anyone who fills, signs, and submits the state on behalf of an intending immigrant becomes a sponsor and is held to this contract.

Form I-864A, Contract Between Sponsor and Household Member, is a form that can be used together with Form I-864 if the income of a household member is being added to support the intending immigrant.

When to file Form I-864:

If Form I-864 is required, it must be submitted at the same time as Form I-485.

Connected Forms

This form is filed along with Form I-485 for many applicants. Form I-485 applications for whom this is a requirement it is required to form the Form I-864 concurrently, or USCIS will reject their application. 

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SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-864. With our easy-to-use platform and expert guidance, filing Form I-864 has never been simpler. Check your eligibility to Form I-864 with SimpleCitizen.

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I-864 Affidavit of Support and Financial Sponsor for Green Card 

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Employment Verification Letter (EVL)

What is Form I-765?

Form I-765, Application for Employment Authorization, is used to request employment authorization in the United States. While this form can be used by various groups of people in the U.S., such as eligible international students, the information in this article will focus specifically on individuals who are filing for employment authorization with a pending adjustment of status. 

When to file Form I-765:

Form I-765 can be filed at the same time as Form I-485, Application to Register Permanent Residence or Adjust Status. If filed at a different time than Form I-485, it can be submitted to USCIS later if a copy of the I-485 receipt notice is included.

Connected Forms

For advanced parole through a pending adjustment of status, this form cannot be filed before filing Form I-485. As mentioned above, it can be filed either at the same time as or following the filing of Form I-485. 

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SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-765 along with your adjustment of status application. With our easy-to-use platform and expert guidance, filing has never been simpler. Check your eligibility to Form I-765 and I-485 with SimpleCitizen.

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What is Form I-821D?

I-821D, Consideration of Deferred Action for Childhood Arrivals, is the form used by individuals with Deferred Action for Childhood Arrivals (DACA) status. Established in 2012, DACA allows certain children who arrived in the United States as children and now meet other requirements to be eligible. DACA’s temporary relief from deportation allows eligible recipients to remain in the United States and obtain work authorization. 

It is important to note that currently, USCIS does not accept new, initial applications of the I-821D, and only individuals filing to renew their status as DACA recipients are eligible to apply. 

When to file Form I-821D:

Renewal of DACA status can be filed as early as 150 days before the expiration of their current status. USCIS instructions state, "USCIS encourages Renewal requestors to file as early in the 150 days as possible - ideally, at least 120 days before the DACA expiration date.”

If DACA status has expired, a renewal can be filed within a year of expiration. However, if an applicant’s status expires by more than a year without a renewal being filed, they will no longer be eligible to file a renewal and will be considered a new applicant. Due to the current government pause on initial DACA applications, they would be ineligible to file at this time. 

Connected Forms

USCIS requires Form I-765 and I-765WS to be filed together with Form I-821D. Form I-765WS is an additional worksheet required to be filed along with the I-821D and I-765 for DACA recipients. Failure to include those forms along with the application will result in rejection by USCIS. 

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What is Form I-131?

Form I-131, Application for Travel Document, is the travel authorization form used by green card holders, applicants for adjustment of status, and refugees. Form I-131 can be used to apply for a re-entry permit, refugee travel document, or advance parole travel document.

What are the documents that can be applied for using Form I-131?

1. Re-entry Permit- Enables a lawful permanent resident or conditional permanent resident (Green Card Holders qualify for both of these categories) to apply to be admitted into the United States after returning from extended travel abroad, without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate.
2. Refugee Travel Document- Can be allotted to an individual in valid refugee or asylee status or to a lawful permanent resident who obtained refugee or asylee status in the United States.

Notes: Individuals with asylee or refugee status that are not lawful permanent residents must have a Refugee Travel Document to return to the United States after traveling abroad unless they possess an Advance Parole Document. You should apply for a Refugee Travel Document before leaving the United States.

3. Advance Parole- This allows you to physically enter the United States for a specific purpose without applying for a visa.

• This document can authorize you to appear at a port of entry to seek parole in the United States. However, someone who has been “paroled” has not been permanently admitted to the United States and remains an “applicant for admission” even while paroled.
• Although the document may be accepted by a transportation company instead of a visa as permission to travel to the United States, an Advance Parole Document cannot replace a required passport. Most Advance Parole Documents are issued for multiple entries; however, some are issued for single entries.

When to file Form I-131:

The timing for filing Form I-131 will vary depending on the purpose of the travel. It is important to note that this form must be filed for all applications before traveling outside the US. 

In most cases, the ability to travel is only authorized once Form I-131 has been approved.

Connected Forms

Often, Form I-131 is filed along with or in connection to other immigration forms. Temporary Protected Status (TPS) applications, asylum applications, or applications to adjust status to permanent residence are the most common. 

Lawful permanent residents or conditional permanent residents applying for re-entry permits are not required to file any additional forms along with their application. 

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SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. SimpleCitizen includes the ability to file the Advance Parole application with all I-485 applications. Let SimpleCitizen guide you through filing Form I-131. With our easy-to-use platform and expert guidance, filing Form I-131 has never been simpler. Check your eligibility to Form I-485, Adjustment of Status, with SimpleCitizen.

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Form I-131 Travel Application Guide 

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What are Forms I-130 and I-130A?

Form I-130, Petition for Alien Relative, is the form used by a U.S. Citizen or Lawful Permanent Resident to petition for their relative who wants to immigrate to the United States. This form is the first step in a two-part immigration process for individuals looking to bring relatives into the United States. Unlike many immigration forms which are filed by an intending immigrant, this form is completed by the U.S. Citizen or Permanent Resident for their relative themselves. 

Form I-130A is an associated form that collects more required information if a spouse is petitioning the intending immigrant. 

Since this Form(s) is just part of a more extensive process, submission and approval of this form alone does not confer any status, work authorization, or permanent residence in the United States. Instead, the Form’s approval confirms that you have a qualifying familial relationship that your relative can use to apply for permanent residence. 

When to file Form I-130:

Regardless of whether the intending immigrant is inside or outside of the United States, the first step in beginning their journey to permanent residence is to have their family member file Form I-130. 

After your I-130 is received, it will be reviewed. USCIS prioritizes the review of petitions from Immediate Relatives. USCIS does not limit the number of immigrant visas (green cards) granted annually to immediate relatives. Because of this, the processing time is faster for Immediate Relatives than other relatives. Congress permits a limited number of Family Preference visas per year. Therefore, people in 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 range from 6 months to 6 or more years.

Connected Forms:

Filing for a relative living inside the United States: If the relative is considered an immediate relative of a U.S. Citizen (spouses of citizens, unmarried children (under age 21) of citizens, and parents of citizens 21 years of age or older), they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as the Form I-130.

Filing for a relative living outside the United States: If the intending immigrant lives outside the US, they will file just Form I-130. Then, following the I-130 Approval, Form DS-260 will be filed with the National Visa Center.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-130. With our easy-to-use platform and expert guidance, filing Form I-130 has never been simpler. Check your eligibility to Form I-130 with SimpleCitizen.

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What Happens After Submitting the Form I-130?

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

What is Form I-129F?

I-129F, Petition for Alien Fiancé(e), is the form used for a US Citizen to bring their non-citizen fiance to the United States to get married and then apply for permanent residence. Filing Form I-129F is the first step in the process of getting the K Visa (Fiancé(e) Visa). A K-1 Visa is issued to the foreign fiancé(e) of a U.S. Citizen that allows them to enter the United States temporarily. Upon arriving in the United States, the couple has 90 days to marry. To be eligible for this type of Visa, the couple must meet two primary requirements:

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

When to file Form I-129F:

Filing Form I-129F is the first step toward receiving a Fiancé(e) Visa. This form can be filed as soon as a couple meeting the above requirements is ready to pursue a K visa. Overall timelines for the entire Fiancé(e) visa can take 1-2 years, depending on the timelines of the embassy or consulate where the application is processed.

Connected Forms:

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously. However, there are connected forms filed following the approval of the I-129F. Below is a brief overview of that process:

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

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

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

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

Step 3: Approval and Jurisdiction Transfer to National Visa Center 

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

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

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

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

Be sure to keep the following information for your records

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

Step 5: Schedule and Have an Interview 

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

Step 6: Visa Granted, Enters USA

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

Step 7: Get Married Within 90 Days of Entry 

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

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

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

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

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SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-129F. With our easy-to-use platform and expert guidance, filing Form I-129F has never been simpler. Check your eligibility to Form I-129F with SimpleCitizen.

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

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

Connected Articles: 

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

What is Form I-90?

Form I-90, Application to Replace Permanent Resident Card (Green Card), is used to renew or replace Permanent Resident Cards. The Green Card is evidence of a person’s status as a Lawful Permanent Resident, and although an expired green card doesn’t always mean an individual’s status as a green card holder expires, the renewal of the Green Card is vital as evidence of that status for things such as work and travel. The Form I-90 is commonly used if a 10-year green card is expired or about to expire or if any green card needs to be replaced due to being lost, stolen, damaged, destroyed, etc.

Green Card Renewal:

The process to renew a green card via Form I-90 can begin six months before a green card expires. Renewing a green card is straightforward, allowing you to continue living and working in the United States without interruption. Individuals with 10-year green cards use this form use this application, and people with 2-year conditional green cards should not use it. 

Green Card Replacement:

Whether a 2-year or 10-year green card is held, Form I-90 is used anytime a replacement card is needed due to a card being lost, stolen, a name change occurring, incorrect information on a green card, etc. 

When to file Form I-90:

The timeline for filing Form I-90 will depend on the reason for filing. 

For renewals of the green card, the application can be filed up to 6 months before the Green Card expiration. 

For replacements of the green card, which can happen for various reasons, the application can be filed whenever a replacement is required.

Connected Forms:

Generally, this form is filed separately from other forms and doesn’t require any other forms to be filed simultaneously.

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-90. With our easy-to-use platform and expert guidance, filing Form I-90 has never been simpler. Check your eligibility for Form I-90 with SimpleCitizen.

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

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

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On Jan 3, 2023, USCIS proposed a fee increase, including increased pricing for many applications and petitions. The reason for these fee changes is that application fees fund the majority of USCIS's financial needs for operation. It has been announced that these proposed fee increases are meant to help USCIS “more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”

It is important to note that at this point, these increases are only in the proposal stage and are currently undergoing a 60-day comment period. During this time, the public can submit comments and feedback on the proposed fees. Following the comment period, USCIS will review the comments and make adjustments before finalizing the fee schedule.

How does this impact intending immigrants?

If approved, the proposed fee changes would significantly increase the cost of immigration for the majority of applicants. 

Here is a list of some of the ways fees could change if this proposal is approved: 

1. The filing fee for Form I-130, Petition for Alien Relative, would increase from $535 to $820, 
2. The Filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, would increase from $1225 to $1540. 
3. USCIS would start requiring separate filing fees for Form I-131 and Form I-765 filings, even when filed concurrently with Form I-485. 
4. The reduced fees for children filing with parents would be done away with, increasing costs for families that adjust status together.

USCIS also proposes significant increases to fiance visa applications, removal of conditions applications, naturalization applications, and many other petitions and applications. For more information on all of the proposed changes, see USCIS’s FAQ page and the Proposed Rule. 

Please note that this proposed rule intends on preserving the existing fee waiver eligibility for low-income and vulnerable populations. It also proposes the addition of new fee exemptions for certain humanitarian programs. 

What is the USCIS timeline for the fee change?

The USCIS 60-day comment period began on January 4, 2023, and will end on March 6, 2023 (This comment period has now been extended to March 13th, 2023). After the period, they will still have to (1) finalize their updates based on the comments and (2) release the final information. While this finalization period can vary in length, the changes could go into effect anytime from April 2023 or beyond.

How can SimpleCitizen help you?

At SimpleCitizen, we understand that potential fee changes can add additional stress to the already stressful immigration process. While these fees have yet to be implemented and may change, they may significantly impact applications. Start your application today so you can have the peace of mind that no matter what fee increases occur, you have time to submit before their finalization!

Last Updated: April 8, 2024

  

After applying for a green card through marriage to a U.S. citizen or lawful permanent resident (LPR), a person is given a “conditional residence” status if their marriage was less than two years old on the day that they were lawfully admitted to the United States or were granted their green card. This conditional residence status grants the individual a green card that is valid for two years instead of the typical ten given to permanent residents. This means that their green card is conditional on their marriage to their US-connection (spouse) and they must come back and prove to USCIS that their marriage was/is legitimate.

After two years, applicants are able to file to have the conditions removed from their green card and request that they be granted permanent resident status without conditions so that they can be granted a 10-year green card. This is often referred to as the Removal of Conditions application and is done by filing Form I-751, Petition to Remove the Conditions of Residence.

One of the primary purposes of this application is to provide USCIS with extensive proof that the marriage has continued and is legitimate. If a marriage has ended before applying for a Removal of Conditions, extensive proof of the relationship being legitimate will be needed and the application will be subject to a  higher degree of scrutiny from USCIS. This article outlines different strategies that can be implemented in order to help a Removal of Conditions application have the highest chance of success possible. 

Below, we have detailed the following for you: 

1. Form I–751 Overview 
2. Warning Signs USCIS looks for when Adjudicating Form I-751 applications
3. Evidence Recommendations to Strengthen an Application 
4. Tips for uploading relationship evidence to your SimpleCitizen Account 

Form I-751 Overview

Here is a brief overview of some of the key points to remember when filing Form I-751 and applying to remove the conditions from a conditional green card:  

• A person must pass a period of conditional residence if their status is based on a marriage that is less than 2 years old.
• The period of conditional residence is 2 years. 
• A person must file the I-751 within the 90 days before their conditional green card expires. Failing to do so could result in the loss of permanent status and their removal from the United States. If you want help calculating the date you are eligible to file for your Removal of conditions, click here.
•  The form must be filed jointly by the two spouses in most situations. However, there are some exceptions in instances of divorce or the death of the spouse. For more information on filing Form I-751 with a divorce waiver, please view the following article: here
• The filing fee for an I-751 is $750.
• If a dependent child is added an extra biometrics fee is also added for each dependent child on the form.

If you’re looking for a complete guide on how to complete and submit the Form I-751, click here.

What is the difference between Removing the Conditions of my Green Card and only Renewing my Green Card?

People who have been granted an initial 2 year green card go through the process of applying for Removal of Conditions and use Form I-751. People with an already 10 year green card about to expire need to Renew their Green Card and must file Form I-90. When applying to remove the conditions, a 2-year green card holder needs to submit with their application various evidence and information to show USCIS the ongoing relationship to the sponsor that petitioned for their green card in the first place. You can find more information about the two forms and their differences here.  

Showing Evidence & Proving your Legitimate Marriage

The “burden of proof” is the responsibility of a person to present evidence that their marriage has been entered in good faith , and therefore removal of conditions of their green card should be granted. Essentially, USCIS requires that new evidence be submitted to show  The “burden of proof” is placed on the person applying for removal of conditions. 

In this portion of the article we will provide important information about some situations that can present red-flags for USCIS adjudicators and we will give applicants examples of important evidence people can add to their application to satisfy the “burden of proof” required by USCIS. 

Warning Signs:

USCIS adjudicators assign different fraud warning levels to applications based on their relationship  evidence and the circumstances of their case.  

Here is a list of example scenarios that could potentially raise red-flags for fraud from USCIS on a person’s application:

• Large disparity of age
• Inability of petitioner and beneficiary to speak each other’s language.
• Vast difference in cultural and ethnic background
• Family or friends unaware of the marriage
• Marriage arranged by a third party
• Marriage contracted immediately following the beneficiary’s apprehension or receipt of notification to depart the United States
• Discrepancies in statements on questions for which a husband and wife should have common knowledge
• No cohabitation since marriage, even if there are valid reasons
• Beneficiary is a friend of the family
• The petitioner has filed previous petitions on behalf of aliens, especially alien spouses
• Limited relationship evidence 

In cases where the fraud level increases, the likelihood of an interview also increases. For applicants experiencing any of the situations listed above, it can be extremely helpful to include extensive relationship evidence that supports the validity of the relationship. 

Proving Your Legitimate Marriage

Although a marriage certificate is required and proves a marriage is legally established, it does not prove the marriage was entered in good faith. To prove the legitimacy of the relationship, it is best practice to provide as many documents as possible to show the nature of the marriage and equally as important is that this evidence extends throughout the full duration of the relationship. 

We have seen customers find the most success when their evidence is extensive and varied. If a benchmark would be helpful for you, it could be useful to aim for approximately 100-200 pieces of evidence with approximately 10-15 different evidence types. The evidence should span the full duration of the relationship.

 Examples of evidence we have seen be preferred by USCIS for customers in the past includes the following:

1. Evidence of spending time together
2. Evidence of joint financial responsibilities
3. Evidence of living together
4. Evidence of raising children together

We have included lists for each of these evidence categories below with extensive examples of acceptable evidence. 

IMPORTANT TIPS BEFORE STARTING:

1. When adding evidence it is important to make sure the documents added clearly show that the evidence belongs to the couple, either by having BOTH people in the pictures or clearly showing BOTH names under the documents the couple is adding.
2. It is important they show varied evidence not only from the current year but from all the years that the couple has been married. When adding pictures, joint leases, joint bank accounts, joint utility bills, joint insurances, tax returns, joint utility bills, etc. 
3. If possible, add 3-4 copies of these documents for EVERY YEAR the couple has been together. 

1. Evidence of spending time together

Most married couples do things together. Showing evidence of the relationship, and of the couple doing things together is a key way of showing a good faith marriage. Here are some examples of documents that can help prove a couple’s time spent together and therefore a marriage entered in good faith:

• Photos from joint vacations or trips, especially trips abroad to visit relatives at different times during the full duration of the marriage. Listing names and dates of the photographs is usually helpful.
• Photographs from the couple’s wedding, honeymoon, get-aways, family meals, holidays, etc. List the date and names of the people in the photographs. 
• Travel itineraries and lodging bookings from joint vacations or get-aways showing both names.
• Cards from loved ones complimenting you on your wedding, anniversary, or other joint life events.
• Evidence that the spouses have met or communicated with each other's parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Telephone and instant message records that show both names  demonstrate that the spouses communicate regularly. 
• Tickets to events both spouses attend or plan to attend.
• Receipts for gifts spouses bought for each other.
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc. that include timestamps. 
• Documents showing membership in the same clubs, churches, teams, etc.
• Documents showing that one spouse took the other’s last name.

2. Evidence of joint financial responsibilities

Many married couples combine finances in a shared effort. Even if a couple would otherwise prefer to keep finances separate, it might not be a bad idea to commingle finances to help show evidence of a good faith marriage. A person can use these documents to show evidence of joint financial responsibilities. - 

• Bank statements for joint accounts with both names from throughout the whole time the account has been shared. Usually 1 bank statement for every 3-4 months can be good evidence.

• Statements for loans where one spouse is a co-signer for the other spouse.
• Voided and canceled checks for joint accounts.
• Joint insurance agreements, statements, and cards, including health, life, property, and auto insurance, etc.
• Utility bills showing both names, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc throughout the whole time the bills have been shared. Usually one statement for every 3-4 months per bill type can be good evidence. 
• Joint memberships and subscriptions such as Amazon, Costco, Netflix, gym memberships, etc. You can add screenshots or cards that show both people under the same membership.
• Life insurance policies, wills, and trusts, showing a spouse as a beneficiary. 
• Documents showing joint ownership of cars, real property, or investments.
• All Tax returns filed jointly as a married couple showing both names (with the couple’s W-2s).
• Funeral plans or intended burial locations that involve or are close to a spouse.
• Copies of bank statements from separate accounts and payment receipts showing that the spouses both contribute to financial responsibilities and payments. For example, bank statements from separate accounts could show that each spouse pays half of rent each month.
• Copies of driver’s licenses showing the same address for each spouse;
• Copies of vehicle titles showing joint ownership.
• Money transfers. 

Commingling finances isn’t required, however, it provides good evidence of a good faith marriage and failing to include it can make a case more vulnerable to scrutiny. 

3. Evidence of living together

Because most married couples live together USCIS sees this as another strong form of relationship evidence. Showing evidence of cohabitation, or living together is a good place to start. Remember, USCIS wants to see evidence for the full duration of the relationship so evidence should be provided for the full length of time the couple has lived together. Use these documents to show evidence of cohabitation:

Primary Evidence: 

• Mortgage or loan papers with both names extending back the full duration of the relationship.
• Lease agreement showing both names extending back the full duration of the relationship.
• Deed to property indicating both names.

Secondary Evidence: 

• Bank statements giving the same address for both spouses.
• Driver’s licenses or identification documents showing the same address.
• Voided or canceled checks showing the same address.
• Property insurance agreements, statements, or cards showing the same address.
• Health and life insurance statements showing the same address.
• Correspondence from friends, family, or businesses showing the same address.
• Utility bills showing the same address, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.Usually one statement for every 3-4 months per bill type can be good evidence. 
• Affidavits from family, friends, neighbors, and landlords testifying of cohabitation (more on this later).

Cohabitation isn’t required for a marriage to be legitimate, however if a couple has not lived together for their duration of their marriage or for long periods of time this can make a case more vulnerable to scrutiny.  Some circumstances require spouses to live separately, such as jobs in different locations and military service. While this circumstance could cause higher scrutiny by USCIS individuals in this situation can add letters explaining the reasoning for living apart and any future plans of moving in together.

4. Evidence of raising children together

Showing proof of raising children together will provide evidence of a legitimate marriage. Use these documents to show evidence of raising children together:

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

Again, it isn’t required to have or raise children together. It is just helpful evidence to show a good faith marriage. Evidence of raising step- or adopted children together can also be good evidence to add into an application.

Affidavits

Affidavits were listed above as documents that could provide evidence of intimacy, cohabitation, and raising children together. “Affidavit” is just a formal  word for a written statement for legal use that is confirmed by oath. Affidavits can be very convincing. Spouses can  get their family, friends, neighbors, and employers to write down their personal observations witnessing the legitimacy of the marriage. 

You can find more information about the affidavits of support from families and friends here. 

Tips for uploading relationship evidence to the SimpleCitizen platform:

Uploading organized relationship evidence is important so that the USCIS officer can easily look through your application. The easiest way to upload relationship evidence is to organize it by evidence type, merge the documents into PDFs, and then upload them under the different categories. 

For example, for bank statements, putting them in chronological order, putting them all into a single PDF, and then uploading a single Bank Statements document is often the simplest way.

For photos, people often put them into a word document or powerpoint presentation and then save the file as a single PDF and then upload that.

You can use a program like the following website to merge your documents. Please be sure to find one that you trust. Adobe Acrobat, if you have it, tends to be a secure and user-friendly option. 

Last Updated: February 20, 2020.

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With all of the different eligibility categories, it can be hard to figure out what you should pay for the Form I-765 filing fee.

Here's the breakdown.

What's the regular filing fee for Form I-765?

Normally, the filing fee for Form I-765 is $410.

Keep reading to see if you fall into a category where this isn't the case.

Do I have to pay a Biometric Services fee?

If you're filing under one of the following eligibility categories, you have to submit an $85 Biometric Services fee:

• (c)(33) Consideration of Deferred Action for Childhood Arrivals (DACA)
• (c)(35) Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
• (c)(36) Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant Petition

The Biometric Services fee is payed in addition to the regular $410 fee. That means that if you fall into one of the above categories, your fee comes to a total of $495.

Who doesn't have to pay the filing fee?

What follows is a list of the people who don't have to pay the filing fee, taken directly from the USCIS Form I-765 instructions.

Read over this list carefully to see if you qualify.

If this is the first time you're filing Form I-765 to apply for an EAD, the following categories are exempt from the filing fee:

• (a)(3) Refugee
• (a)(4) Paroled as Refugee
• (a)(5) Asylee
• (a)(7) N-8 or N-9 nonimmigrant
• (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
• (a)(10) Granted Withholding of Deportation
• (a)(16) Victim of Severe Form of Trafficking (T-1)
• (a)(19) U-1 Nonimmigrant
• (c)(1), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
• (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee)
• (c)(31) VAWA Self-Petitioner.

If you're filing Form I-765 to renew your EAD, the following categories are exempt from the filing fee:

• (a)(8) Citizen of Micronesia, Marshall Islands, or Palau
• (a)(10) Granted Withholding of Deportation
• (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel
• (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007
  • For more information about this category, see the section below, "What if I'm submitting (or have already submitted) Form I-485?"

If your EAD is lost, stolen, or damaged and you're filing Form I-765 to replace it, the following categories are exempt from the filing fee:

• (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel

Am I eligible for a Fee Waiver?

If you can't pay the filing fee for Form I-765, you may be eligible to have your fee waived. In this case, you should fill out Form I-912 (Request for Fee Waiver) and submit it along with your Form I-765. Make sure to include all of the necessary evidence to prove that you can't pay the filing fee.

If you don't want to submit Form I-912, you have the option of submitting a letter instead. This letter should clearly explain your situation and why you can't pay the filing fee for Form I-765. It also needs to be signed by everyone requesting the fee waiver, and should include any relevant evidence that proves that you can't pay the filing fee. Submit this letter along with your Form I-765.

What if I'm submitting (or have already submitted) Form I-485?

If you're planning on submitting Form I-485 (Application to Register Permanent Residence or Adjust Status) and its associated filing fee, you don't have to pay an additional filing fee for Form I-765. You can submit both forms at the same time with just the filing fee for Form I-485.

If you've already submitted your Form I-485, you can still submit Form I-765 without having to pay the filing fee. In order to qualify, you need to have submitted your Form I-485 on or after July 30, 2007, along with its filing fee. After submitting Form I-485, you should have received a Form I-797C, Notice of Action. This Notice of Action is basically a receipt that tells you that USCIS has received your Form I-485 and is processing it. If you include a copy of this Notice of Action with your Form I-765 when you submit it, you won't have to pay the filing fee.

If you've filed Form I-485 and your original EAD has been lost, stolen, or damaged, you'll need to submit another Form I-765 to get it replaced. In this case, you do have to pay the regular $410 fee, but you won't have to pay the $85 Biometric Services fee.

How do I make the payment?

You can pay the filing fee with either a check, money order, or credit card.

If you pay with a check or money order, it must be drawn on a bank in the U.S. and be payable in U.S. dollars. Make it payable to the U.S. Department of Homeland Security, exactly as it's written here. Don't use an abbreviation like USDHS.

As always, if you have questions about the Form I-797 or any other immigration form, please feel free to reach out to our support team and we'll help you.