All people applying for a family-based green card are required to provide the financial information for a Sponsor to show that they will have access to financial support in the US once they receive their green card. In most family-based cases, the petitioning family member is the primary sponsor for the application. This sponsorship is done by filing Form I-864, Affidavit of Support.

In order to be eligible to sponsor, the petitioner (or Joint Sponsor, if applicable) must show that they met the income requirements for their household size for both the current year and the most recent tax year. To verify whether they met the requirements for the most recent tax year, USCIS asks for the sponsor’s tax documents. These tax documents can be difficult to navigate, however, so we have put this guide together to help you understand exactly which documents are required, and how you can locate these documents. 

What tax documents does USCIS require?

The documents needed will vary depending on whether the sponsor filed their taxes Married Filing Jointly or not. The list below shows the options for tax documents based on their filing status:

Married Filing Jointly

If they filed their taxes Married Filing Jointly, they have two options:

1. Option 1: Upload the IRS Tax Return Transcript (request it for free here) and any associated W-2s and/or 1099s for each year.
2. Option 2: Upload the Federal Tax Returns (Form 1040 and ALL Federal Schedules) and any associated W-2s and/or 1099s for each year. 

Single, Married Filing Separately, or Head of Household

If they filed their taxes Singly, Married Filing Separately, or Head of Household, they have two options:

• Option 1: Upload the IRS Tax Return Transcript (request it for free here) - W-2s are not required
• Option 2: Upload the Federal Tax Returns (Form 1040 and ALL Federal Schedules) and any W-2s and/or 1099s for each year

Pro-tip: The Tax Return Transcript is shorter, and includes all of the necessary information in a single document, which makes it easier for you to provide and for USCIS to process. By contrast, the Federal Tax Returns most people get from their accountants or online filing software tend to be very long, and full of unnecessary pages. Sorting through these pages to find the important ones can be confusing and stressful. Including the extra pages in the application increases the chances that the USCIS officer will miss something important. Because of this, it can make your tax document shorter and more clear by adding the Tax Return Transcript whenever possible.

Tax Document FAQs:

Do I need to provide tax documents for the last 3 years?

Providing USCIS with the income information for the last three years from the Total Income line of the tax returns is required. However, providing actual copies of the tax returns for the second and third most recent years is optional. Please keep in mind that sponsors must indicate (either on the form itself or in the SimpleCitizen questionnaire) whether or not they plan on including these optional tax documents. 

Providing photocopies of your tax returns for the second and third most recent years establishes steady income. This can be helpful if the sponsor:

• Is retired
• Is self-employed
• Just barely met the income requirement for the most recent tax year, and wants to prove that they have consistently met the requirements for the last three years.

Aside from these instances, providing the tax return documentation for the 2nd and 3rd years is completely optional. It will not affect USCIS’ processing of your case. However, they must include either both or neither. In other words, an applicant is not able to submit the 3rd most recent tax year but not the 2nd most recent tax year or vice versa. Providing copies for the most recent tax year is required.

I got an extension on my taxes, can I leave my most recent taxes off of my application?

Before the regular tax deadline has passed for a given year, the tax returns for that year are not required. Once that deadline has passed USCIS requires the returns from that year, even if the IRS has granted an extension. Choosing to submit without the tax returns after the deadline has passed will result in a Request for Evidence (RFE) that can extend the processing of the application by 3-6 months.

Pro tip: Sometimes, USCIS will still require tax docs even if tax day has not passed yet. It is best practice to submit with the newest tax year if submitting within about 2 months of tax day.

What if I didn’t file taxes for one of the years? 

Petitioners who didn’t file taxes for one of the years because they didn’t make the required income amount are not required to provide their tax documentation for that year. This can be indicated in the form, and a brief explanation can be provided that includes which years the petitioner was not required to file taxes and why. 

Please note: If the sponsor did not make the required income amount for the most recent tax year, they are likely not eligible to sponsor on their own, and will most likely be required by USCIS to add a Joint Sponsor or the income of a household member. 

If a sponsor made the required income amount for one of the years, but did not file taxes for another reason, there is a very good chance that USCIS will issue a Request for Evidence requiring the tax returns from that year. To avoid this, the sponsor may consider working with a CPA to get any issues with previous years resolved before submitting.

What if I have an issue with my previous tax returns and need to refile/amend them? 

Any discrepancies or issues with the tax returns may result in a Request for Evidence from USCIS. This can be avoided by resolving any issues on tax returns before they are submitted. If you are not sure how to do this, you may consider working with a CPA to get all issues amended.

What if I am on a tax payment plan? 

Petitioners on a tax payment plan will need to provide the following:

1. Proof of the payment plan
2. The payment schedule
3. Proof of the most recent payments

Additionally, the petitioner will also need to add a Joint Sponsor or a Household Member to also support the application.

Examples of the tax documents

If you don’t know if you have the correct document, please refer to the images below for examples:

Tax Return Transcript:

Important Note: Please be sure that the title of your document is Tax Return Transcript. The Wage and Income Transcript, and Tax Account Transcript are not accepted.

Federal Tax Returns:

Form 1040: The form 1040 is generally 2 pages long, and looks like this:

Federal Schedules - Federal Schedules have titles like “Schedule 2,” “Schedule D,” “Schedule SE,” “Form 8995” etc. They are usually located directly after the Form 1040 in the tax return. State taxes, and any pages titled “worksheet” should not be included.

If you have any questions about your tax documents as you prepare your application, please don’t hesitate to reach out to our live chat! If you would like more specialized support, all of our green card application packages come with a full attorney review. During the review, the attorney will double-check all of your documents, and let you know if anything is missing. You can sign up for one of our application packages here.

What is a Letter of Intent to Marry?

A Letter of Intent (LOI) to Marry is one of the documents USCIS requires as part of the K-1 visa application. It is a letter that helps USCIS verify the relationship. In a Letter of Intent to Marry, the petitioner (the U.S. citizen) and the beneficiary (the applicant/intending immigrant) declare their intention and legal ability to marry within 90 days of the applicant’s arrival into the United States.

Attention! USCIS requires that both the petitioner and the beneficiary each write and sign their own LOI to Marry, which means that two letters of intent should be submitted in total.

What should be included in a Letter of Intent to Marry? 

Depending on the specifics of the couple's situation, a Letter of Intent to Marry may include the following:

• A statement of the intent and legal ability to marry
• Both the petitioner and the beneficiary’s names
• A signature and date at the bottom of the letter
• Supporting evidence of wedding plans 

What does a Letter of Intent to Marry look like? 

The formatting of a Letter of Intent to Marry can vary, but a basic template can be used to ensure all necessary information is included.

Below are templates as well as examples of what a basic LOI to Marry can look like. Please remember that the petitioner and the beneficiary should each write their own letter, and that letters should be unique in content and writing style, even though both letters can follow the format shown below.

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Templates & Examples 

Template - Petitioner

Example- Petitioner 

Template- Beneficiary 

Example- Beneficiary 

FAQs

Who needs to write a Letter of Intent to Marry?

The petitioner and beneficiary are each required to write their own Letter of Intent to Marry.

Is evidence required? What can I use as evidence?

Including supporting evidence with the K-1 visa application is required. However, USCIS does not have specific requirements for what must be included.  

Evidence can include: 

• reservation receipts for venue or catering,
• engagement photos, 
• ring receipts, 
• engagement announcements,
• text messages showing proof of wedding plans, 
• communication with friends and family about the wedding,
• social media posts.

What if I don't know when the marriage will take place since it is dependent on the visa approval?

In cases where the marriage is dependent on visa approval, include as much information as possible about plans to marry. Although a specific date may not be set yet, general proof of the wedding taking place can be added. 

This can include information about the couple’s relationship, timeline, and story, as well as proof of conversations about the couple’s upcoming marriage and that friends and family were made aware. Including evidence can be a good way of supporting the validity of the relationship.  

Need help applying for a K-1 visa?

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On many applications USCIS requires people to declare both their race and their ethnicity. In this article, we are going to explore the definitions of race and ethnicity, how USCIS defines them, and examples of how some people have chosen to interpret and respond to these questions in the past. 

What is the difference between race and ethnicity?

Race is a concept that usually refers to the phenotypical (physical) characteristics of a person and it can be self-identified or not. On the other hand, ethnicity takes into account the cultural components of a person’s upbringing, and it doesn’t typically refer to physical characteristics of that person. For example: Two people that both identify as Hispanic as their ethnicity may choose differently for their race, one White, another Black, or a mix of both. 

How does USCIS define the different options?

On their applications USCIS usually has 2 questions about Race and Ethnicity: 

1. The first one that asks for a person’s ethnicity: The question simply asks if you consider yourself Hispanic or Latino OR Not Hispanic or Latino
2. The second one asks for a person’s race and you can answer by marking one or more boxes. The options are: White, Asian, Black or African American, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander.

Here is the definition of the different race options directly from USCIS instructions:

"When choosing between the race options, please make sure to carefully read through the USCIS definition of each of the options first.”

How should I answer if I am Hispanic/Latina/e/o/x?

Because USCIS considers Hispanic or Latino to be an ethnicity instead of a race, many people that choose the option “Hispanic or Latino” have different responses in the race question. Due to the multi-racial category that is Hispanic/Latina/e/o/x, many people choose between the options of White, Black, American Indian (if they have maintained tribal affiliation or community attachment as USCIS instructions show) or choose to mark more than one box. 

How should I answer if I identify with more than one race/I Identify as biracial or multiracial?

The race question asks to mark *all applicable boxes*, so if you are a multi-racial person you can choose to mark all the boxes that apply to you. 

Conclusion:

Please take into account that there isn’t a wrong or right answer for these questions. However, understanding  USCIS definitions for race and ethnicity as well as a more clear understanding of how they define the various options within those questions, will hopefully help you answer this question more confidently and accurately.

What is the purpose of an employment verification letter?

When going through the immigration process, it is crucial to prove that the sponsor, and when applicable, the joint sponsor, meet the necessary financial requirements for their household size. In addition, USCIS will want to see proof of their current employment status. Both of these things are accomplished, in part, through an employment verification letter (EVL) that is submitted as evidence along with Form I-864. The employment verification letter provides evidence of both current employment and income.

_{Please note that an employment verification letter is different from an offer letter. An offer letter proves that employment was offered and an employment verification letter proves that employment is ongoing.}

The employment verification letter is needed in addition to tax returns, pay stubs, and other financial documents. It is meant to strengthen the case by supporting the sponsor’s claim that they are able to provide adequate financial support to the applicant.

Who needs an employment verification letter?

The sponsor and, when applicable, any joint sponsor on a green card application will need to provide an employment verification letter. If the applicant is using their qualifying income to help meet the income requirements, they too will need to include an employment verification letter. The letter(s) will be required as evidence for Form I-864.

Creating an employment verification letter:

Who should issue an employment verification letter?

The employment verification letter should be issued by the company's HR department or the direct supervisor of the sponsor.

What type of paper should the letter be on?

The letter should be on official company letterhead. 

What information should be included?

• The date that the employer is writing the letter. This should be within 2-3 months of submitting the application, ideally.
• The name, company address, and title of the person writing the letter.
• The employee’s position at the company.
• The date the employee started at the company.
• A description of the employee’s responsibilities.
• The annual salary (preferred) OR weekly rate and average weekly hours of the employee.
• The employee’s current status (part time/full time OR average hours worked per week).
• Wherever possible, a statement of prospective future employment (ie. a statement saying that the company anticipates you working there for an extended amount of time).
• Signature of the writer (HR representative or direct supervisor).

Example of an employment verification letter:

Employment verification letter template: 

If you need some help getting started, click here to download a copy of our employment verification letter template. 

FAQs: 

What if I am self-employed?

When going through the Simple Citizen process, the system will let you select that you are self-employed. It will then ask you a series of questions about your income, job description, and dates of self-employment. The answers to these questions will replace the need for an employment verification letter with a list of new required documents. 

What if I have more than one job?

If you have more than one job, you will need to include an employment verification letter for each job that you are currently employed at. You will then add the combined income values on all forms as the total annual income in the questionnaire.

I just started my job – do I still need an employment verification letter? 

If you just started your job, adding the original offer letter as well as an employment verification would be the best way to illustrate your current employment to USCIS. USCIS is less likely to accept a sponsor’s documentation as sufficient if they started the job recently. Adding an Employment Verification letter with a statement of prospect of future employment (ie. a statement saying that the company anticipates you working there for an extended amount of time) can help improve your odds. 

I have an employment verification letter from 5 months ago. Can I just submit with that one?

Since the overall goal of the employment verification letter is to prove that you are currently employed, you want to make sure the letter is as current as possible. As a best practice, your letter should be dated no more than 2-3 months before your application submission date.

What if I am paid hourly? 

If you are paid hourly, you will want to have the author of the letter add your hourly rate and average hours worked each week. If your employer does not include an estimate of your annual income in the letter, best practice would be to also upload a signed conversion letter showing the math used to calculate your annual income. 

How to calculate annual income:

Conversion Letter Outline: 

“Date

Dear USCIS officer, as shown on the employment verification letter, my hourly pay is _X_ dollars an hour and I work an average of _X_ hours each week. 

[hourly pay] x [avg weekly hours] x [52 weeks/year] = a calculated estimated annual salary of _X_.

Name

Signature”

Conversion Letter Sample: 

For most individuals hoping to file for a green card through marriage, USCIS requires evidence that the petitioner and applicant are in a bona fide marriage. In other words, USCIS asks for applicants to provide a variety of documents showing that their relationship is well-established and that it was done in good faith. This article provides the following: 

1. The basic guidelines for Relationship Evidence documents 
2. Some of the warning signs that might cause USCIS officers to be more picky about approving an application
3. Lists of ideas for different types of evidence that may be included
4. Tips for compiling evidence

Basic Guidelines

The following are basic guidelines for all relationship evidence: 

•  USCIS expects a variety of evidence to prove the legitimacy of the relationship. Generally this can be done by providing around 100-200 pieces of relationship evidence, including 15+ different types of evidence.
• All evidence must be in English, otherwise, 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 

Please note that variety is generally more effective than quantity, so an application with 150 pages of photos would likely be considered weaker than an application with 90 pages that included 16 different types of evidence. 

Warning Signs

The following circumstances may cause your application to receive greater scrutiny from USCIS: 

• Large age disparity
• 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
• The couple is not currently living together, even if there are valid reasons.
• Beneficiary is a friend of the family
• Petitioner filed previous petitions on behalf of other intending immigrants, especially immigrant spouses
• No proof of shared finances or joint financial responsibility

For couples  in any of the above circumstances, a large quantity of evidence can give USCIS a better insight into the relationship to prove it is real and was not entered into for immigration benefits. 

Suggestions for Different Types of Evidence

The lists below provide ideas for different types of evidence you might include in your application. 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 evidence. You are welcome to get creative and add things to your application that are not on this list.

Additionally, none of the items below are technically required. Rather, they are just suggestions to help get you started. That being said, there are certain types of evidence that may raise red flags if not included. In particular, please try to include photos of the couple together, proof of shared address, proof of spending time together,  and proof of shared finances.

1. Evidence of spending time together

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. Here are some examples:

• Travel itineraries and lodging bookings from joint vacations or get-aways
• Photos from joint vacations or trips, especially trips abroad to visit relatives
• 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 demonstrating that the spouses communicate regularly
• Photographs from the couple’s wedding, honeymoon, get-aways, family meals, holidays, etc. List the date and names of the people in the photographs
• Tickets to events both spouses attended 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. 
• Documents showing membership in the same clubs, churches, teams, etc.
• Documents showing that one spouse took the other’s last name
• Proof that a spouse went to visit the other spouse’s family outside of the United States, that is a great indicator of a marriage “in good faith”

2. Evidence of sharing finances

Many married couples combine finances or split expenses in some way. Although it is becoming more common to keep finances more separate, USCIS uses this as a large part of their decision on if a relationship is legitimate. Commingling some finances can help show evidence of a good faith marriage. Use these documents to show evidence of shared finances:

• Bank statements for joint accounts showing both names
• 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 showing both names
• Utility bills showing both names, including, cell phone, trash, cable, internet, electricity, water, gas bills, etc.
• 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
• 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 - please be sure to highlight the important transactions, and maybe include an explanation note
• Copies of vehicle titles showing joint ownership
• Venmo, CashApp, or wire transfers between the couple

While commingling finances isn’t technically necessary, USCIS tends to see it as strong evidence that the marriage is legitimate.  Applications that do not include proof of shared finances tend to be treated with higher 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. Use these documents to show evidence of cohabitation:

• Mortgage or loan papers with both names
• Any and all Lease agreements showing both names
• 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
• Deed to property indicating both names
• 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.
• Affidavits from family, friends, neighbors, and landlords testifying of cohabitation (more on this later)

Cohabitation isn’t necessary for a marriage to be legitimate, but if a couple is not living together, their application is likely to receive greater scrutiny. If a couple is not living together, it may be helpful to include a letter explaining why they are not living together, along with any plans that they have to move in together in the future.

4. Evidence of raising children together

Showing proof of raising children together is fantastic evidence of a legitimate marriage. If a couple shares children, they can consider using these documents as evidence:

• 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
• Photos of the couple with the shared child 
• Evidence of pregnancy - Ultrasound photos, baby announcements, shower invites, etc.

In addition, raising step- or adopted children together can also be very convincing evidence for USCIS, but it is by no means mandatory. 

Affidavits

Affidavits of support from family and friends can also make great relationship evidence.  These are letters that show support for the marriage. This article gives an in-depth explanation of what these letters should include, and includes several sample letters.

Tips for Assembling Your Relationship Evidence

Here are some tips and tricks that can help with assembling relationship evidence. These tips are not required, but they can make it easier to assemble the evidence, and for the USCIS officer to process your application!

• Show Both Names: As much as possible, please make sure that both couple’s names are on all non-photo documents, especially leases, bank statements, travel itineraries, etc. USCIS has to clearly see that both people are connected to each piece of evidence.
• Add Captions to Photos: Adding captions to photos and other documents is not required. It can be helpful, however, especially to 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).
• Combine Files Before Upload: Applicants are welcome to just upload individual photos and documents to our website if they would like. However, once documents are uploaded, there is limited ability to edit and rearrange them. If you would prefer more control over how your relationship evidence will appear in the final application, you can put all of your photos and documents into a word document or powerpoint, save it as a PDF, and upload that. 
• Upload Files as PDFs: Whenever possible, please be sure to upload documents as PDFs, not as JPEGs. This is especially true for any word-heavy documents (such as letters of support, screenshots of emails, bank statements, etc.) Uploading them as JPEGs will decrease the image quality and make it very difficult to read the information. 

Providing a wide variety of relationship evidence is a great way to strengthen your application and reduce the risk of receiving a Request for Evidence. If you have any questions about gathering relationship evidence, please don’t hesitate to reach out to our live chat. If you would like more in-depth and specific feedback from an attorney on your application, all of our marriage-based green card packages include a full attorney review. You can sign up for one of our application packages here, and we will be happy to help guide you through your application!

Dated: December 5, 2024

Dec 2, 2024 Update: While USCIS previously allowed Form I-485 to be submitted without a complete Form I-693, Report of Immigration Medical Examination and Vaccination Record, they changed that rule as of December 2, 2024, and now require that adjustment of status applicants submit the medical exam at the time of submission of Form I-485.

On December 14th, 2022 USCIS informed the American Immigration Lawyers Association (AILA) of their recommendation that green card applicants filing form I-485 file, Application to Register Permanent Residence or Adjust Status, also file Form I-693, Report of Medical Examination and Vaccination Record, along with their application. 

While applicants do have the option to file the I-693 either with the initial application or at a later point as requested by USCIS, this new recommendation to file it with the initial application is given due to USCIS’s expansion of potential interview waivers for family-based application. By including the completed medical examination with the I-485 filing, applicants will reduce the risk of receiving a Request for Evidence for the I-693 if USCIS chooses to waive their interview. 

USCIS has not provided the methods that they use in determining whether a case’s interview will be waived. 

Information retrieved from AILA Doc No. 22121452

Last Updated: November 10, 2022

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

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

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

Information:

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

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

Documentation:

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

Identity Documents for the Beneficiary 

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

Visa and Travel Documents for the Beneficiary 

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

Identity Documents for the Petitioner 

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

Financial documents for the Petitioner 

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

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

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

Proof of Relationship Documents: 

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

Additional relationship documents for Marriage-Based Applications: 

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

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

Filing a Marriage-Based Adjustment of Status

SimpleCitizen is here to help make collecting documentation and filling out USCIS paperwork easier! The best way to get started with SimpleCitizen is to take our quick eligibility quiz at the link below. This will help you find the correct application package for your specific situation.

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Related articles 

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

Letters of Support from Friends and Family

How to avoid USCIS Requests for Evidence

Top 10 Questions About Getting a Green Card

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

The current annual income is the projected amount that a sponsor, and when applicable, joint sponsor, will earn that calendar year. Current annual income is calculated before any tax or other deductions and is sometimes referred to as gross income. Tax documents are not used to find the figure for current annual income as they are from a previous year and may not reflect financial changes. The current annual income helps support the claim to USCIS that the sponsor, and when applicable,  joint sponsor, meet the financial requirements. The reported current annual income should match the salary figure listed on the employment verification letter (EVL). 

Calculating current annual income

Salaried employees:

The current annual income will be your total annual salary. This should be stated on your employment verification letter and reflect on your pay stubs. Please note that bonuses or commission should not be included in this figure because they may not always be consistent.

Hourly employees: 

Hourly employees will need to calculate their annual income by multiplying their hourly wage by the average number of hours they work each week. Then, multiply that number by the total number of weeks in a year (52).

Example:

FAQ:

What if I have more than one job?

Sponsors that have more than one job should calculate the current annual income for each job individually and then add them together. The total amount is what the sponsor will enter as their annual income. Please note that you will need to provide an Employment Verification Letter and 6 months of paystubs for each job referenced. 

What if I am self-employed?

If the individual is self-employed and does not work consistent weekly hours, they can estimate their income by calculating their monthly average using their net individual (not business) income for the year so far divided by the number of months in the year that have passed multiplied by months. 

Example: 

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

If possible, it is best for your employer to include your annual salary in your employment verification letter. If you are paid hourly, you will want to ask that they include your hourly pay rate and your average hours worked each week. Be sure to add a separate conversion letter that contains the following conversion equation to show USCIS how you calculated your annual income.

Conversion Letter Sample

What is the difference between annual income and total income?

Annual income is the raw income that someone makes before any kind of deductions. Total income (reflected on the 1040 Tax Return and W-2 Form) is the net income that is calculated after all withholdings are accounted for. Please note that when listing your previous tax income history, you will use the total income amount from each tax return. However, for the current annual income, you will want to list your annual income, not your total income.

Last Updated: December 28, 2025

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

In marriage-based green card cases, USCIS is looking for evidence of a bona fide marriage. A bona fide marriage is another way of saying a real marriage, entered into in good faith. It is important to prove to USCIS that your marriage is genuine since they are on the look out for fraudulent marriages. Essentially, they want to make sure that an applicant married the petitioner for love and not in pursuit of a marriage-based immigration benefit. 

One type of evidence that USCIS allows you to include to help prove that your marriage is legitimate is Letters of Support. Letters of support are statements written by friends and family of the couple that help to demonstrate the validity of the marriage. While letters of support do not replace more concrete evidence such as joint assets or a shared address, they help build up the credibility of the marriage. For that reason, applicants can include some in the Relationship Evidence section of their application to further strengthen their application.  

Who can write a letter of support?

A letter of support can be written by anyone who has known the couple from before marriage to present time. The writer should be familiar with the couple’s relationship. Examples of people who could write a letter of support include:

• Family members
• Friends
• Religious leaders

What should be included in letters of support?

The letter is the writer’s opportunity to explain their experiences with the couple. Each letter of support should be unique. However, there are things that each letter should contain, such as::

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

Examples:

FAQs:

How many letters of support should be included?

Though USCIS has not officially stated how many letters of support should be included, our partner attorneys recommend that each case include around 3-5 letters of support. Each letter should be unique in both content and style of writing. 

Do the letters need to be notarized?

The letters do not need to be notarized. However, it is helpful to include a statement that swears to the validity of the letter such as, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.” 

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

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

Does the letter need to be translated into English? 

If the letter is in a language other than English, you will need to include a translation of the letter into English along with the original letter. It does not need to be a certified translation, but the translator should include a signed, written personal statement that they are fluent in both languages and that the translation appropriately reflects the document. Here’s an example of what that could look like: 

Translation Letter Sample:

Date

I (the translator’s full name), certify that I am fluent in English and have translated (list the specific documents here) from (language) into English as completely and accurately as possible. I’ve attached both the copy of the original document and the translation here. 

Sincerely, 

Full Name

Physical Mailing Address

Signature

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

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

Who qualifies? 

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

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

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

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

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

How to make an expedite request:

Apply directly through USCIS:

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

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

Working with your congressperson:

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

Additional Resource:

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

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