In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence, including what it is and when it needs to be filed. We will also address whether it's possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article.

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate

• What happens after submitting your I-751 – Petition to Remove Conditions?

• How to Apply to Remove the Green Card Conditions

• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it's important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card, serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It's important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?
  

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It's crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver's licenses. It's also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual's status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It's important to carry the required documents to avoid any complications at the border. If a permanent resident doesn't have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil, also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

Conclusion

When a permanent resident has a pending I-751 application and plans to travel, it's crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website. To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don't panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

Are you ready to remove the conditions on your green card? Simplify the process by signing up with SimpleCitizen! Our user-friendly platform will guide you through the I-751 application, ensuring accuracy and efficiency every step of the way. Get started today. We’re happy you’re here!

Have you ever needed to reach out to a government agency for help with a previous or current immigration request? If so, you may be familiar with what are called FOIA requests! In this article, we'll explain what a FOIA request is, what they are generally used for, and when they should be submitted.

What is a FOIA Request?

If you are trying to get personal documents from a government agency, you may have heard of a FOIA Request. FOIA stands for Freedom of Information Act. Passed in 1967, the Freedom of Information Act states that the public has the right to request records from the government. As long as the information is not protected by one of the specified nine exemptions or three exclusions, the government is required to provide it. Since FOIA was passed, each government agency has developed a method for the public to submit requests for documents through their agency. Typically, FOIA requests are not needed to file for an immigration benefit. However, they can be useful in situations where an individual needs more information about a previous immigration application or needs to request information to help with a current one.

The Nine Exemptions and Three Exclusions
Government agencies are only allowed to withhold information if it is protected by one of the nine exemptions or three exclusions. These exemptions are designed to protect information such as classified documents, trade secrets, or information that unreasonably violates the privacy of other people. For a full list of the exemptions and exclusions, see this link.

When Should I Submit a FOIA Request?

You can submit a FOIA request to a government agency anytime you need specific information from them that is not readily available through other means. 

Here are some examples of reasons someone might submit a FOIA request to USCIS:

• Requesting information on a previous immigration application
• Requesting information on a USCIS decision from a previous immigration application
• Requesting your full file of info from USCIS (this is called an A-file)

FOIA Requests can also be submitted to other government agencies as well. Here are some examples of reasons someone might submit a FOIA request to another agency as a part of their immigration application:

• Requesting records from Customs and Border Patrol (CBP) regarding  entry and exit (for example, if there is no record on the CBP website for their I-94/travel history) 
• Requesting detention center records from Immigration Customs and Enforcement (ICE)
• Requesting Court Orders from the Department of Justice or Executive Office of Immigration Review (EOIR)
• Requesting information on passport or visa applications from the Department of State 

Please note: If you are requesting a FOIA because you are in deportation proceedings, it is a good idea to consult an immigration attorney. If you need help finding an immigration attorney, AILA’s lawyer search can help locate attorneys living in your area.

How Do I Submit a FOIA Request?

1. Step 1: Determine Needed Documents. The first step in submitting a FOIA request is to determine what documents are needed. Requesting a lot of documents, such as a whole file from an agency, can result in longer wait times. Knowing exactly what documents are needed can help make the process faster and more successful.
2. Step 2: Identify Relevant Agency. Once you have determined the documents needed, the next step is to figure out what agency has these documents. If you are not sure what agency has the documents you need, a quick Google search can usually help determine this. Foia.gov also has a list of agencies that you can explore.
3. Step 3: Locate FOIA Procedure for Selected Agency. After determining what documents are needed and what agency has them, the next step is to find the procedure for submitting a FOIA request to that agency. Each agency handles its own FOIA requests and has its own procedure for doing so.
   1. If you are submitting a FOIA request through USCIS, you can find the full instructions for doing so here. Requests are made through the applicant’s USCIS account, and there is a link included in the instruction page.
   2. For other agencies, you can find information on how to submit a FOIA request by searching that agency here by clicking “Start Your Request”

FOIA Request Fees: Sometimes, fees are associated with FOIA requests. These fees vary by agency. They are usually based on the amount of time (in hours) it takes to process the request or the number of copies required. USCIS does not charge for the first 2 hours or 100 copies but does start to charge after that. If the fees are anticipated to cost more than $250, they may contact you in advance of completing the request. 

Conclusion 

Feel free to reach out to our live chat with any additional questions you may have about FOIA requests. If you would like additional support and a full review of your documents by a licensed attorney after completing your FOIA request, we would be happy to help you with your application! You can sign up for one of our application packages here, and we will help guide you through the application process. We're happy you're here!

Finally getting the opportunity to take the US Naturalization Test (also referred to as the Citizenship Test) is an exciting time for immigrants and can be the finish line of a long and difficult road. This article will discuss the Naturalization Test, including the eligibility requirements that must be met first to take the test, the contents of the test, and the interview process. All of this happens prior to taking the Oath of Allegiance and (finally) being sworn in as a US Citizen!

Prior to the Citizenship Test

Before someone can take the Citizenship test, there are a number of steps that must be taken:

Step 1: Verify that they meet the eligibility requirements to apply for citizenship. These eligibility requirements usually depend on the amount of time a person has had legal status in the United States. 

Step 2: Complete and Submit Form N-400, Application for Naturalization, with the required government filing fees. 

Step 3: Attend the Biometrics Appointment. Sometimes, USCIS will apply biometrics from a previous application and not require the applicant to attend an appointment but is done on a case-by-case basis.

Step 4: Receive a scheduled date for the naturalization interview and Citizenship Test.

Step 5: Prepare the requested documents and study for the Citizenship Test. 

Naturalization Interview and Test 

Typically, the Naturalization Interview and the Citizenship test both occur during the same appointment. Let's break down what you can expect during that appointment:

What to Expect: Interview Portion

It is important to bring all of the required immigration documents, including vital records, immigration documents, and any legal documents affiliated with your personal and immigration records. USCIS will include a list of the required documents in the interview notice indicating what they require to be brought to the interview.

After you have arrived at the USCIS field office and checked in at the front desk, you will then be called back for your appointment. The officer will first conduct the interview, asking any number of questions that are on the N-400. There is a long list of questions in Section 9 of the N-400 that should be studied, understood, and prepared for so that an applicant can answer these when asked by the USCIS Officer. It is important that the applicant’s answers on the N-400 are the same as what they plan to provide to the USCIS Officer in an interview.

NOTE: There are certain exceptions to the English speaking and comprehension requirements that are outlined on Form N-400 and its connected instructions. 

In addition, the officer will typically ask other general questions about immigration history, the applicant’s marriage (if naturalization eligibility is dependent on that relationship), etc.

What to Expect: Naturalization Test

The USCIS Naturalization test takes place at the Naturalization interview, and except for certain exemptions, it includes an English proficiency test and a civics test. 

English Test

The first of the two tests given in the Naturalization interview is the English test. The USCIS Officer will first provide the applicant with 3 sentences on a tablet, and they must choose one to read out loud in English. 

Then, the USCIS Officer will read the applicant 3 sentences in English, and the applicant must listen to the sentences and write them down. The applicant will be permitted to write all three sentences down, but they only need to write one correctly in order to pass. 

(This portion will be done on a tablet and written with a stylus, so it is important to learn how to write with a stylus in preparation to complete the writing portion.) 

Throughout the interaction, the officer will also continuously assess the individual’s ability to speak and understand English.

Civics Test

The other test that happens during the interview is the Civics Test. For this test, USCIS currently uses the 2008 Civics test, which includes 100 different questions about United States history, civics, and governmental processes. As a reminder,  applicants should learn, understand, and memorize the “100 Questions” and their answers prior to their appointment. 

For the test, the USCIS Officer will ask future US Citizens 10 questions from the 100 questions, to which they will have to respond verbally in English. The applicant must answer at least 6 of these 10 questions correctly. According to USCIS, "a system randomly selects the test questions, and an officer administers the test orally. The standardized civics test contains 10 questions. The officer stops the test when the applicant correctly answers the minimum number of questions required to pass the test.” USCIS has practice tests that go through the questions.

Some examples of these questions are…

• What does the Constitution do?
• How old do Citizens have to be to vote for President?
• What did Susan B. Anthony do?
• Who was President during WWI?
• Where is the Statue of Liberty?
• What is the Name of the National Anthem?
• Why are there 13 stripes on US Flag?
• What did Martin Luther King, Jr. do?
• What happened at the Constitutional Convention?
• Who wrote the Federalist Papers?

Remember, there are 100 questions, so this is only a select few. Make sure to review all questions as you prepare, as there is no guarantee of what questions you will be asked!

Many of these questions have multiple possible answers, so studying and understanding them is important! It is well-advised to avoid simply memorizing the questions and their answers. Knowing what the questions and answers mean is very important to be able to answer in the interview.

Many local community centers and English schools specialize in helping immigrants study for the Citizenship test - the 100 Questions and the Interview. Take advantage of these resources - many of them are free! 

If any of the test sections are not passed, the USCIS policy manual states that USCIS will reschedule them for a second interview where they are tested only on the test(s) that were not passed in the original interview. This second interview will be rescheduled 60-90 days after the original interview. If the applicant does not pass any of the tests in the second interview, their application will be denied. 

What to Expect: Finalization

Typically, the USCIS Officer lets the applicant know that they have passed the test portion of the interview during the interview. However, passing this test portion does not automatically guarantee they will be granted Citizenship.

If, based on the interview and tests, the officer determines that the applicant is eligible for Citizenship, USCIS will send a confirmation in the mail that the applicant passed the interview. Once this comes in the mail, the applicant must attend a Naturalization Ceremony to become a citizen.

What to Expect: Naturalization (Oath) Ceremony

The final step in becoming a US Citizen is the Naturalization Ceremony, where future US Citizens will join together to take the Oath of Allegiance! Once this is done, Citizenship is granted! 

Here, you will find USCIS’s outline of what to expect and what the Naturalization Ceremony will look like: 

1. Receive a Notice to Take the Oath of Allegiance

You may be able to participate in a naturalization ceremony on the same day as your interview. If a ceremony is unavailable, we will mail you a notice with the date, time, and location of your scheduled naturalization ceremony on Form N-445, Notice of Naturalization Oath Ceremony.

If you cannot attend your scheduled naturalization ceremony, return the notice, Form N-445, Notice of Naturalization Oath Ceremony, to your local USCIS office, along with a letter requesting a new date and explaining why you cannot attend the scheduled naturalization ceremony. Failing to appear more than once for your naturalization ceremony may lead to a denial of your application.

2. Check-in at the Ceremony

Once you arrive at the ceremony, check in with USCIS.

A USCIS officer will review your responses to the questionnaire, Form N-445, Notice of Naturalization Oath Ceremony. Please complete your responses to the questionnaire before you arrive.

To see what items are prohibited on federal properties, you can check the Federal Protective Service’s frequently asked questions web page.

3. Return your Permanent Resident Card

You must return your Permanent Resident Card to USCIS when you check in for your naturalization ceremony. This requirement is waived if you provided proof during the naturalization interview that the card has been lost and you have attempted to recover it, or if, because of your military service, you were never granted permanent residence. You will no longer need your Permanent Resident Card because you will receive your Certificate of Naturalization after you take the Oath of Allegiance.

4. Take the Oath of Allegiance

You are not a U.S. citizen until you take the Oath of Allegiance at a naturalization ceremony. You will receive your Certificate of Naturalization after taking the Oath of Allegiance.

5. Receive a Certificate of Naturalization

Carefully review your Certificate of Naturalization and notify USCIS of any errors before leaving the ceremony. You may use your Certificate of Naturalization as official proof that you are a U.S. citizen.

If you lose your Certificate of Naturalization, you may request a replacement by filing Form N-565, Application for Replacement Naturalization/Citizenship Document. 

Get Started Today! 

If you’re currently waiting for your Naturalization interview, studying for Citizenship should be fun and exciting! This should be a time to celebrate the end of a long road in the United States. We’re so excited for you! 

If you are ready to start the naturalization process and file the N-400, SimpleCitizen would love to be part of your journey. Take our eligibility quiz to find out if you’re eligible to apply today!

SimpleCitizen is excited for those who are finally at this stage of their immigration timeline. We’re happy you’re here!

Congratulations on your engagement!

US citizens who are engaged to someone living in another country may wonder how they can get their loved one to the US to get married. A Fiancé(e) (K-1) visa can be granted after filing Form I-129F with USCIS and allows for the foreign national fiancé(e) to come to the US to get married and apply for legal permanent residency.

As part of the fiancé(e) visa application process, USCIS asks applicants to provide a variety of supporting documents to show that their relationship is well-established. Chief among the evidence required by USCIS is proof that the petitioner and applicant have met in person within the last 2 years, that they are in a bona fide relationship, and that they are planning to get married. This article focuses specifically on the relationship evidence that USCIS requires and addresses the following:  

1. Basic guidelines for adding relationship evidence, including evidence of having met in person in the last 2 years 
2. Potential red flags that might cause USCIS officers to treat an application with greater scrutiny 
3. Ideas for different types of relationship evidence that may be included
4. Tips for compiling relationship evidence

Disclaimer: Although this article will focus on the kinds of relationship evidence fiancé(e) applicants can provide with their application, it does not provide an exhaustive list of all the documents required to file the I-129F form. You can check the other documentation requirements for fiancé(e) visas here. 

Basic Guidelines

Before detailing examples of relationship evidence people can submit with their fiancé(e) application, here are a few basic guidelines applicants can follow when they are collecting relationship evidence: 

• USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally, a good benchmark is to provide around 50+ unique pieces of relationship evidence, including 6+ different types of evidence. For examples of relationship evidence, see below. 
• All evidence must be in English, or a Certified English Translation must be provided. You can find out more about providing certified self-translations here.
• Non-photo evidence must include the names of both individuals in order to be considered by USCIS as evidence. For example, if you would like to add proof of money transfers, the screenshots should clearly show both the name of the receiver and the sender. 
• It is important to add as much proof as possible that the couple has met in person in the last 2 years.

IMPORTANT:
USCIS requires that if a couple has not met within 2 years before applying for a Fiancé(e) visa, the applicants need to submit evidence that meeting in person would violate strict and long-established customs of their fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the petitioner.

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Suggestions for Different Types of Relationship Evidence

For many people, it can be difficult to know what kinds of documents count as relationship evidence. The primary goal is to demonstrate to USCIS that the relationship is strong and enduring, that the couple communicates frequently, and that they have sincere plans to marry. However, to help people get started,  we have provided some lists of different types of relationship evidence applicants can consider including with their application below. They are divided into different categories for convenience.

Please note that USCIS recognizes that each couple’s circumstances are different, so not everyone will have the same types of evidence. Applicants are welcome to get creative and add things to their applications that are not on this list. As a reminder, applicants typically experience the greatest success when they provide extensive and varied relationship evidence. As previously mentioned, a good rule of thumb is to provide at least 25-50 unique pieces of relationship evidence that include at least 6+ different types of evidence. 

While USCIS does require people to show evidence of meeting in person for the last 2 years prior to applying for a Fiancé(e) visa, most of the other evidence examples listed below are not mandatory to include. Rather, they are just suggestions to help get people started compiling their evidence. However, to avoid unnecessary delays, we generally recommend providing USCIS with as much evidence as possible to prove your relationship is bonafide.

Note: When gathering proof of spending time together, it is helpful to focus on evidence that shows the length of the relationship, and also that shows that the relationship is public and that friends and family are aware and involved in the couple’s lives.

1. Evidence of having met in person in the last 2 years 

As previously mentioned, USCIS requires applicants to include as much evidence as possible of having met in person in the 2 years prior to filing a fiancé(e) visa application. Here are some examples of evidence that can demonstrate this:

• Photos from the couple’s engagement, getaways, family meals, holidays, etc. List the date and names of the people in the photographs.
• Message history showing the planning, anticipation, and/or excitement surrounding the visit (should ideally show dates and names)
• Flight itineraries and bookings from visiting each other 
• Flight itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives. List the date and names of the people in the photographs when possible.
• Tickets to events both the petitioner and beneficiary attended or plan to attend
• Social media posts with time stamps from the time spent together in person
• Engagement pictures and engagement ring pictures.
• A letter describing the details of your last in-person get-together 

2. Proof of Frequent Correspondence 

Showing proof that the couple communicates frequently despite their physical distance is highly recommended. When possible, this evidence should include names and a timestamp showing when the communication occurred. Here are some examples of evidence that can serve as proof of frequent correspondence: 

• Message screenshots (Text, Messenger, WhatsApp, DM’s, etc.)
• Phone logs showing both names 
• Email history between the couple 
• Letters and cards between the couple
• Screenshots/photos from video calls between the couple
• Evidence that the spouses have met or communicated with each other’s parents and relatives, including photographs, letters, cards, emails, messages, etc.
• Records of social media posts and interactions, including screenshots of Facebook pages, Twitter posts, Instagram posts, etc.

3. Evidence of joint financial responsibilities

If available, adding proof of sharing finances can be great evidence to establish a bonafide relationship. However, it can be challenging to have proof of joint finances prior to marriage, and this is not directly required by USCIS. However, here are some examples of evidence that can serve as proof of joint finances: 

• Receipts for engagement rings
• Bank statements for joint bank accounts, if any
• Venmo, CashApp, or wire transfer receipts between the couple that shows both names
• Receipts of joint purchases showing both names 
• Receipts of gifts the couple bought for each other 
• Documents showing joint memberships such as Amazon, Netflix, Hulu, etc.

Applicants are also welcome to add proof of their future wedding plans, such as receipts for wedding attire purchases, proof of looking for quotes related to wedding venues, photographers, rings, and/or other correspondence about the wedding, etc.

4. Affidavits of support

Affidavits of support from family and friends, showing their support for the relationship, can also make great relationship evidence. This article gives an in-depth explanation of what these letters should include, as well as provides several sample letters. The beneficiary and petitioner can also provide their own letters describing their relationship and their love. 

Note: The article linked above has examples of letters for married couples and will need to be slightly adjusted for couples that are engaged but not yet married. 

Warning Signs:

USCIS officers review every application and make decisions on a case-by-case basis. While there is no guarantee that someone will be accepted or denied, the following circumstances may cause an application to receive greater scrutiny from USCIS: 

• A large age disparity between the petitioner and the beneficiary. 
• The inability of the petitioner and beneficiary to speak each other’s language.
• Vast differences in the cultural and ethnic backgrounds of the petitioner and the beneficiary.
• Family or friends are unaware of the relationship.
• The petitioner filed previous petitions on behalf of other intending immigrants, especially previous immigrant spouses.
• Lack of varied and extensive relationship evidence
• The couple has not met in person within the last 2 years before applying for a fiancé(e) visa. 

In situations where one or more of these conditions apply, applicants may consider including as much evidence as possible to help demonstrate the bonafide nature of the relationship and help offset any additional scrutiny. 

Preparing documentation for USCIS

Here are some tips and tricks that can help applicants with preparing relationship evidence to send to USCIS. These tips are not USCIS requirements but can make it easier to organize the evidence and for the USCIS officer to process the application!

• Organize by Evidence Type: Applicants can divide their evidence into sections of photos, money transfers, gifts, receipts, tickets, etc. They can also consider including section breaks or header pages for each evidence type.
• Show Both Names: As much as possible, applicants should make sure that both couples’ names are on all non-photo documents, especially money transfers, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence. A good tip is to highlight both names on the documents so that USCIS can clearly identify them.
• Show Dates: When possible, applicants should try to include dates/timestamps on the evidence so that the adjudicating officer can see where the evidence is from.
• Add Captions to Photos: While adding captions to photos and other documents is not required, it can be helpful. For example, adding captions can help explain evidence that is less clear (such as a flight itinerary with only one person’s name on it because they were traveling to visit the other person).

Conclusion:

In conclusion, it is important that US citizens hoping to apply for a Fiancé(e) visa provide a wide variety of relationship evidence that shows they are in a bona fide relationship. As previously discussed, applicants should be prepared to provide evidence of having met within the last 2 years prior to submitting the application to USCIS. Adding other types of evidence, such as the ones listed above, can also help strengthen the application and avoid Requests for Evidence (RFE) letters from USCIS. This evidence should be varied, and it should show an established relationship and intention to marry. Additionally, please note that this article is not a comprehensive list of all documentation needed when filing Form I-129F, Petition for Alien Fiancé(e). If you would like more in-depth and specific feedback from an attorney on the requirements for a fiancé(e) application, our premium fiancé(e) packages include up to three 30-minute consultations with an independent immigration attorney, plus a legal review of your application before you submit it to USCIS.

Hoping to apply for a Fiancé(e) visa? SimpleCitizen is here to help! You can sign up for one of our application packages here, and we will be happy to help guide you through your application. We’re happy you’re here!

On August 21, 2023, USCIS announced that they have released an online form to request in-person appointments at a local field office. This form can be used by individuals, attorneys, and accredited representatives to create the request. It is important to note that these appointment requests can be used for reasons such as ADIT stamps (I-551 stamp), Emergency Advance Parole, Immigration Judge Grants, and more. This is not an appointment to review your immigration application with USCIS. USCIS will continue to schedule those appointments according to their timelines and availability.

USCIS states, “It is not a self-scheduling tool, and individuals cannot schedule their own appointments with USCIS. The USCIS Contact Center will review submitted forms and the availability of in-person appointments at a specific field office. Individuals may request a specific date and time for an in-person appointment, but USCIS cannot guarantee that the requested appointment date will be scheduled. USCIS will confirm and schedule the individual for an available in-person appointment date and time.”

Appointments can be scheduled on the following website: my.uscis.gov/appointment

USCIS Announces Online Self-Service Tool to Reschedule Biometric Services Appointments

On June 28, 2023, USCIS announced an online self-service tool to reschedule biometric services appointments. This can be done through my.uscis.gov online accounts by benefit requestors, their attorneys, or their representatives for individuals who filed on paper or online applications.

USCIS outlines the following process to make those requests, "To use the biometric services appointment rescheduling tool, individuals who have good cause to reschedule must first create a USCIS online account (if they do not already have one) and visit my.uscis.gov before their scheduled appointment date. The individual must:

• Select the Biometric Rescheduling option;
• Follow the on-screen instructions to reserve a new appointment time and/or appointment location;
• Choose a method (email or SMS message) to receive a confirmation message once a printable copy of the new appointment notice is available; and
• Print the new appointment notice to bring to the application support center (ASC).

Each person must then bring the printed new appointment notice along with a valid, unexpired photo identification (for example, Form I-551, Permanent Resident Card (also known as a Green Card), passport, or driver’s license) or other identity documentation as authorized by USCIS to the appointment. If the applicant has more than one biometric services appointment notice, the applicant should bring all notices to the ASC appointment. A printed copy of an appointment notice is required by the Executive Office of Immigration Review (EOIR) and ASCs will not accept electronic copies of notices."

They have also provided a Policy Manual Update to explain when untimely requests or missed appointments will be considered for rescheduling appointments.

They state that "Good cause exists where the request to reschedule provides a sufficient reason for the benefit requestor’s inability to appear on the scheduled appointment date. Sufficient reasons for “good cause” may include, but are not limited to:

• Illness, medical appointment, or hospitalization;
• Previously planned travel;
• Significant life events such as a wedding, funeral, or graduation ceremony;
• Inability to obtain transportation to the appointment location;
• Inability to obtain leave from employment or caregiver responsibilities; and
• Late delivered or undelivered biometric services appointment notice."

In addition, they have provided specific circumstances where biometrics appointments can still be rescheduled via contacting the USCIS contact center. Stating, "You must still call the USCIS Contact Center to reschedule an appointment if:  

• The request is within 12 hours of your existing appointment time;
• This is the third attempt to reschedule the same appointment;
• The request is for a missed appointment; or
• The tool is unavailable due to technical reasons."

What is Form I-566?

I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, can be used for various reasons. Here at SimpleCitizen, we include the option to include this form for individuals with A, G, or NATO status in the United States who are applying to adjust their status. This form helps these individuals who would be otherwise ineligible to file for an adjustment of status to permanent residence to be eligible to receive legal permanent residence in the United States.

When to file Form I-566 and Connected Forms

For A, G, and NATO non-immigrant visa holders who are required to file Form I-566, this form can be filed at the time of submission of Form I-485, Application to Register Permanent Residence or Adjust Status.

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-566. With our easy-to-use platform and expert guidance, filing Form I-566 has never been simpler. Check your eligibility to Form I-566 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!

What is Form I-508?

I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities, is used by non-US citizens working in the US for a foreign government or international organizations who are on A, G, and E non-immigrant visas. Under those statuses/visas, there are certain privileges, exemptions, and immunities. The purpose of this form is for lawful permanent residents and individuals applying to adjust their status to permanent residency to waive those privileges in order to have a permanent resident status. At SimpleCitizen, we include the option for the required individuals to include this form with the adjustment of status application.

When to file Form I-508 and Connected Forms

For A, G, and E non-immigrant visa holders who are required to file Form I-508, this form is filed at the time of submission of Form I-485, Application to Register Permanent Residence or Adjust Status.

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-508. With our easy-to-use platform and expert guidance, filing Form I-508  has never been simpler. Check your eligibility to Form I-508 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!

What is Form I-485?

Last Updated: Dec 5, 2024

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

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

When to file Form I-485:

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

Family-Based Applications:

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

Employment-Based Applications: 

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

Connected Forms

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

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

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

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

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

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

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

We’re happy you’re here!

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

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

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

Connected Articles: 

What is Form I-485 Used For?

Who May File Form I-485?

What Evidence Must You Provide With Form I-485?

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

The United States Citizenship and Immigration Services (USCIS) assigns a unique identifier called the Alien Registration Number, A-Number, or USCIS Number to non-citizens who are in the United States and have a lawful immigration status. This A-Number, which is a 7, 8, or 9-digit number, helps USCIS keep track of an individual's immigration history and status. It can be found on important immigration documents such as visas, green cards, and Employment Authorization Documents. So, if you're a non-citizen in the United States, your A-Number is an important identifier that helps ensure your immigration information is accurately tracked and managed.

This article aims to provide a clear and comprehensive explanation of what an A-number is and how to find out if you have one. Whether you are seeking to apply for a visa, green card, or citizenship, understanding the role of A-numbers in the immigration process will help you stay informed and better navigate the complex landscape of U.S. immigration.

Where can I find my A-number?

You can find your Alien Registration Number (A-Number) on several immigration documents, such as:

1. Visa Stamp: The A-Number can be located on a visa stamp and is shown as the red number in the lower right-hand corner. If the A-Number on the visa stamp is fewer than 9 digits, a zero is inserted after the “A” and before the first digit to create a 9-digit number.
2. Green Card: If you are a lawful permanent resident, your A-Number will be included on the front of your green card. The USCIS# found on a Permanent Resident card is the A-Number .‍
3. Employment Authorization Document (EAD): If you have been authorized to work in the United States, your A-Number will be included on the front of your EAD. The USCIS# found on a Permanent Resident card is the A-Number .
4. Check previous communications from USCIS: If you have corresponded with USCIS in the past, your A-Number may be included in any communications you received from the agency. This could include an Immigrant Data Summary, USCIS Immigrant Fee Handout, or Form I-797.

What if I have more than one A-Number? 

It's not uncommon for USCIS to issue multiple A-numbers to individuals over time. When completing immigration forms, it's important to list all A-numbers that have been issued. While individuals may have multiple A-numbers, the most recent one issued is typically considered their "primary" A-number and should be used.

Not sure if you have an A-Number? 

If you are still determining whether you have an A-Number or need assistance in finding it, you can contact USCIS customer service for assistance. Call 1-800-375-5283 or visit https://www.uscis.gov/ to use their live chat via Ask Emma. 

If you are a non-citizen or permanent resident, it is possible and completely normal that you do not have an A-Number, and you can leave that part blank in the immigration forms.

Conclusion:

In conclusion, the Alien Registration Number, A-Number, or USCIS Number is an identifier for non-citizens who are in the United States and have a lawful immigration status. If you have been issued an A-number, it is important to keep track of your A-Number(s) and ensure that it is correctly included on all immigration documents. Doing so helps USCIS track and manage your immigration records. If you are unsure whether or not you have been assigned an A-Number, it is recommended to contact USCIS customer service to inquire about your immigration record. 

If you have questions or concerns about your A-Number or any other aspect of your immigration status, we encourage you to reach out to our team of experienced immigration professionals. Our platform provides a comprehensive suite of tools and resources that can help simplify the immigration process and put you on the path to success. 

With SimpleCitizen by your side, you can achieve your immigration goals and build a future in the United States. We may be able to help prepare your immigration application! Get started today. We’re happy you’re here!