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Applicant Supporting Documents

Here is a list of the documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.

• Applicant's Birth Certificate
• Applicant's Form I-94 (Last Admission Record)
• Applicant's Passport - Identification Page
• Applicant's U.S. Visa
• Applicant's Letter from Employer
• Applicant's Federal Tax Return Most Recent Year
• Applicant's Pay Stubs for the Last 6 Months
• Applicant's W2's for the Most Recent Tax Year
• Applicant Employment Authorization Card

"Good Faith" Marriage Supporting Documents

These are the documents you should provide as evidence of a "good faith" marriage:

• Marriage Certificate
• Wedding/Ongoing Marriage Evidence
• Joint Assets and Co-Mingling of Funds
• Joint Financial Responsibilities
• Joint Ownership, Lease or Tenancy
• Letters of Support from Friends & Family

Petitioner/Sponsor Supporting Documents

These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:

• Petitioner's Birth Certificate
• Petitioner's Passport
• Petitioner's Federal Tax Return Most Recent Year
• Petitioner's Letter From Employer
• Petitioner's Pay Stubs for the last 6 months
• Petitioner's W2's for the Most Recent Tax Year

If you have any questions, feel free to chat with our support team by clicking on the chat icon on the lower left side of the screen.

Helpful links:

How to apply for a green card with SimpleCitizen
Green Card Eligibility Quiz

Before you start working on your application, it is important that you find out if you are eligible to apply. The easiest way to determine your eligibility is to use our Eligibility Quiz. It will ask you a few basic questions and help you find the right application for your situation.

Watch this quick video to learn how to use the immigration eligibility quiz:

As always, if you have questions about your situation, feel free to chat with our support team by clicking on the chat icon at the lower left side of the screen. Or, you can schedule a consultation with an immigration attorney here.

Last Updated: January 15, 2020.

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Employment Authorization Document (EAD)

Employment Authorization Document (EAD) is granted for people in the C09 category (pending I-485) when the I-765 is processed. This gives them work authorization for the time on the EAD, usually one year. Because green card applications are taking longer than that these days people may need to apply to renew this document to continue to work while waiting for their green card. The USCIS usually processes this application at a separate field location than the rest of the application.

Optional Practical Training (OPT)

Optional Practical Training (OPT) is work authorization given to F-1 visa holders to be able to work in their field of study either during their schooling or afterwards. Usually OPT is good for 12 months. Income from OPT is considered temporary as you only have authorization for a short time and usually cannot be counted on the I-864, however if the expiration is not for another year or so and the applicant would get their EAD within that time it can be included.

Updated: March 5, 2020

Receipt Notices

Once you've mailed your application, it can take 2-3 weeks until the USCIS accepts your application and sends the receipt letters to you.

If you sent the USCIS personal checks, then you can check your bank account to see if those checks have been cashed. If so, then that means that the USCIS has started processing your application and will be mailing Forms I-797C, Notice of Action. 

These letters will include your receipt numbers. The receipt numbers are in the upper left-hand corner, next to the date. When the receipt letters arrive, make sure to add them to your SimpleCitizen account under step 5. With these numbers, we can keep you up to date on the status of your case. Keep in mind this will help you avoid delays and roadblocks. Here are a few next steps in your application process:

Biometrics Exam

1. The first step after getting your Forms I-797C, Notice of Action is the biometrics exam. The USCIS will send you a letter with the time and location of the appointment. Arrive early and bring a copy of your passport and the appointment letter from the USCIS. The USCIS will take your photo and fingerprints as part of the background check for the application process. 

If you are unable to make your biometrics appointment, please call the USCIS asap to get it rescheduled. Missing the biometrics appointment can cause serious delays.

Employment Authorization Document

2. The next step in the application process will be getting your EAD ( Employment Authorization Document) and AP (Advanced Parole/travel authorization) combo card. The USCIS is currently taking 6-8 months to process and approve the combo card. 

USCIS Interview

3. The next step is having your interview scheduled. It can take a long time for the USCIS to get around to finally scheduling your interview. Based on your local USCIS processing and wait times, we estimate your interview to happen about 10 - 20 months after your biometrics.

Request For Evidence (RFE)

If you get a Request for Evidence, please notify SimpleCitizen here.

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Typical Green Card Timeline

If your application and interview are approved, you will receive your Green Card in the mail approximately 8 to 14 months after you initially filed.

Here’s a breakdown of the processing times for each step:

Approx. 2 to 3 weeks after filing

‍You receive your application receipt from the USCIS

If you prepared and submitted your application correctly, the USCIS will typically respond 2 to 3 weeks later with a letter in the mail. This receipt letter is called the Form I-797C, Notice of Action.

Save this letter! You need the receipt number to check your USCIS status.
Have your receipt? Check your status here.

Approx. 3 to 5 weeks after filing

You receive your appointment notice for biometrics

Typically 3 to 5 weeks after filing, you will receive a notice for your biometrics appointment. This will include your appointment date, time, and location. Most of the time, the location will be the closest USCIS office.
Do not miss your appointment!

Approx. 5 to 8 weeks after filing

Go To Your Biometrics Appointment

During your biometrics appointment, the USCIS will check your fingerprints, take your photo, and ask for your signature. This appointment is usually pretty short and lasts approximately 30 minutes.

Bring these items to your biometrics appointment:
* Your Passport or photo identification issued by your country
* Your Driver's License
* Military Photo Identification (if you have it)
* State issued Photo Identification Card

Approx. 12 to 16 weeks after filing

You receive your EAD Card (if you filed for it)

If you included the form I-765, application for employment authorization, and form I-131, application for travel, in your application, you will receive an Employment Authorization Document (EAD). Also known as a work permit. The EAD and advance parole travel document are both combined into 1 single card.

If you receive this card, it means the USCIS considers you an adjustment of status applicant who may work in the United States and travel outside the United States according to the criteria of advance parole.

Approx. 4 to 10 months after filing

You receive your notice for your USCIS interview

It's time to prepare for your interview! Don't worry or be scared, the interview is a normal part of the application process and typically happens at your nearest USCIS office. The USCIS may require your petitioner to attend with you, or they may not. Your interview notice will arrive by mail via the Form I-797, Notice of Action.
Do not miss your interview!

Approx. 6 to 12 months after filing

Go to your USCIS interview!

Adjustment of status interviews usually take around 30 minutes at your nearest USCIS office. It's a good idea to properly prepare, make sure to bring the following items:
* A complete copy of your entire application.
* Originals of any documents that you sent along with your application.
* Advance parole document and/or employment authorization card (if you have one)
* Your passport

Approx. 8 to 14 months after filing

You receive your Green Card!

Below we have included information defining what the 3-letter USCIS codes mean:

• CSC – California Service Center
• EAC – Eastern Adjudication Center (now known as Vermont Service Center)
• IOE – ELIS (efile)
• LIN – Lincoln Service Center (now known as Nebraska Service Center)
• MSC – Missouri Service Center (now known as National Benefits Center)
• NBC – National Benefits Center
• NSC – Nebraska Service Center
• SRC – Southern Regional Center (now known as Texas Service Center)
• TSC – Texas Service Center
• VSC – Vermont Service Center
• WAC – Western Adjudication Center (now known as California Service Center)

Updated: February 2023

Welcome to SimpleCitizen! We’re happy you’re here! We’ve been making it easy to get a green card, renew a green card, apply for citizenship, and more since our launch in 2015. Today, we’re rated the #1 Online Green Card service.

To learn more about our track record, here are a few links:

• Our certified customer reviews – Trustpilot

• Rated #1 2018, 2019, & 2020 Online Green Card Service – Top Consumer Reviews

• The Business that Love Built – Fast Company Magazine

• Featured by the American Bar Association – 2019

The following article is designed to help you better understand what it is that SimpleCitizen offers and how it works. We’ve broken this article into steps. If you have any questions about our services or our offerings, please feel free to reach out to our Live Chat support line. If you are messaging after business hours, please feel free to leave a message and we will get back to you as soon as we are available. 

Step 1: Find the right application with the Eligibility Quiz

In order to make sure you are eligible to apply and that you choose the correct application for your situation, we have created a free eligibility tool. With just a few easy clicks  it will use the information you provide to  help guide  you to the correct signup page for the application that you are looking for. After you select your application package and your payment tier, you will be emailed a link to help you log into your new Simplecitizen account.

Please note that if you have a preexisting SimpleCitizen account, you will not be able to sign up for a new account using the same email. For assistance, please reach out to our live chat support team. 

If you have questions during the eligibility quiz, please feel free to chat with SimpleCitizen support by clicking on the chat icon at the bottom left side of the screen. 

Step 2: Review the Welcome Page 

After you login to your SimpleCitizen account for the first time you will see the Welcome Page. This page acts as a landing page with the tips and tricks designed to help you be successful as you navigate filling out the questionnaire and documentation upload sections. Please pay close attention to these as they will guide you through completing everything in the questionnaire as quickly and as smoothly as possible. 

Step 3:  Fill out the questionnaire 

After you review the information and resources on the Welcome page you will then want to begin the questionnaire. To get started on your application, click on the “Start Here” button (as pictured below). The questionnaire will help guide you through all the information on the USCIS form(s) associated with your application. It will use your answers to help you select the correct forms. If your application has optional forms (such as work authorization or travel authorization) we will give you the ability to choose if those are forms you would like to submit to USCIS. 

The questionnaire has multiple sections – please ensure you go through all of them before moving on. 

The questionnaire is full of information text and links to help make USCIS questions as clear as possible so you don’t have to guess. There are multiple steps and each step must be completed prior to continuing to the next step.

 If you have questions as you fill out the information we have a chat feature where you can reach out for help and guidance.

Step 4: Supporting Document Upload

Once you have completed all sections of the questionnaire, you will then be able to access the Document Upload section. The document upload is where you will upload all the required supporting documents for your application. These uploads are determined by how you answer questions in the questionnaire. 

Click on the orange upload buttons to upload each document. As you are uploading files the system will allow you to upload multiple files under a single upload. 

Supported file types include: JPG, PNG, & PDF, however PDF uploads are the most clear. If you would like to convert your documents to PDF there are free services such as the Adobe PDF converter that can be used to do so, Adobe also has a PDF Merger that you can use to combine multiple documents into a single file. This is helpful especially for files that you want in specific orders, such as chronologically ordered pay stubs or tax documents.  If you do not have a scanner for your documents, you can login to your account on a smart phone and take pictures of your documents with a camera phone.

Translations of USCIS required documents: When uploading a required USCIS document, please indicate the “Document Language” by choosing from the drop down. This will let SimpleCitizen know that the document needs to be translated by a USCIS certified translator. We provide translation services at no extra cost for those required documents.

If you have questions or need help with your supporting documents, please reach out to our live chat support team. 

Step 5: Immigration Attorney Review and Feedback Implementation

With SimpleCitizen, all applications receive the benefit of having your entire application reviewed by an immigration attorney from our network attorney. This review will ensure that there are no mistakes or missing paperwork in your application. They will complete their review of your application within 5-10 business days and you will then be assigned a case support team who will communicate the attorney feedback to you.

Once you receive the feedback, you should go into your questionnaire and make the requested changes. If you have any questions regarding the feedback or how to implement those changes you can reach out to your case support team and they will guide you. After you have implemented all of the requested updates to your questionnaire, please let your case support team know that you are finished.

Reminder: SimpleCitizen partners with an independent network of immigration attorneys for the review of your application, but we are self-service. Applicants are able to choose how to implement suggestions received from the attorney, but if an RFE (request for evidence) is received from USCIS or your application is denied due to a decision to not follow our network attorney’s suggestions or to alter the application following their reviews, your purchase is not covered by the SimpleCitizen Satisfaction Guarantee.

Step 6: Case Support Team Review

After you notify your case support team that you have implemented the requested changes, they will check the updates and verify if all changes are made in accordance with the attorney’s recommendations. This typically takes 1-3 business days. In order to help this process go more quickly, please take extra care to ensure that all recommendations have been implemented before moving on so that the case support team can approve the application for finalization.

Step 7: Customer PDF Review

Once your case support team has confirmed that all of your changes have been implemented correctly, they will send you a PDF draft of your application for you to review. Please review it carefully and keep detailed notes as you go. Your case support team can then help you make any last-minute changes.

Pro Tip: If, during your review, you notice that some of the information is incorrect, take a look at your questionnaire and make sure it has been entered correctly.

Step 8: Application Printing & Delivery

Once the reviews are complete, our team at SimpleCitizen will print and ship the application to you.  You should also send a confirmation to your case support team with your preferred mailing information.  The shipping team will take 1-2 business days to prepare your application for mailing. You will then receive a tracking number so you can track the package.

Step 9: Receive Application and Mail to USCIS

 The application will be sent to your mailing address and will include detailed USCIS filing instructions so you’ll know exactly what you need to do and how to do it. It’s really simple- All you have to do when you get the application is sign the forms (we attach stickers so you know who needs to sign where), attach payment, and passport style photos (if required). We also include a pre-addressed USCIS shipping envelope for you to insert the signed application and take it to your preferred courier service for mailing.

As always, if you ever need any help, please reach out to our support team. We’re here to help!

Not yet a SimpleCitizen customer and want to get started?

The best place to start is our free eligibility tool. It will help guide you to decide which package is best for you.

If you have questions during the eligibility quiz, feel free to chat with SimpleCitizen support by clicking on the chat icon at the bottom left side of the screen. After you select your application package, you will be emailed a link to your new account.

Trustpilot

Applicant or Immigrant Documents

Here is a list of some of the general documents the Applicant/Immigrant should provide as part of the green card application. Keep in mind that the employment/tax documents are only required if the applicant's income will be supporting the petitioner/sponsor's income.

• Applicant's Birth Certificate
• Applicant's Form I-94 (Last Admission Record)
• Applicant's Passport - Identification Page
• Applicant's U.S. Visa
• Applicant's Letter from Employer
• Applicant's Federal Tax Return Most Recent Year
• Applicant's Pay Stubs for the Last 6 Months
• Applicant's W2's for the Most Recent Tax Year
• Applicant Employment Authorization Card

"Good Faith" Marriage Documents

These are the documents you should provide as evidence of a "good faith" marriage:

• Marriage Certificate
• Wedding/Ongoing Marriage Evidence
• Joint Assets and Co-Mingling of Funds
• Joint Financial Responsibilities
• Joint Ownership, Lease or Tenancy
• Letters of Support from Friends & Family

Petitioner or Sponsor Documents

These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:

• Petitioner's Birth Certificate
• Petitioner's Passport
• Petitioner's Federal Tax Return Most Recent Year
• Petitioner's Letter From Employer
• Petitioner's Pay Stubs for the last 6 months
• Petitioner's W2's for the Most Recent Tax Year

My sponsor is self-employed, what documents will they need?

• Include Tax Records
• Record of bank statements that show income has been deposited into your account over the past year.
• If you have set up an entity, you should include all the entity paperwork.
• A letter outlining your self-employment and your projected income.

Click here to learn how to upload your documents to your SimpleCitizen account and prepare your Green Card application.

Last Updated: April 8, 2024

  

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

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

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

Below, we have detailed the following for you: 

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

Form I-751 Overview

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

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

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

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

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

Showing Evidence & Proving your Legitimate Marriage

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

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

Warning Signs:

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

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

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

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

Proving Your Legitimate Marriage

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

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

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

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

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

IMPORTANT TIPS BEFORE STARTING:

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

1. Evidence of spending time together

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

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

2. Evidence of joint financial responsibilities

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

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

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

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

3. Evidence of living together

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

Primary Evidence: 

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

Secondary Evidence: 

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

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

4. Evidence of raising children together

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

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

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

Affidavits

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

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

Tips for uploading relationship evidence to the SimpleCitizen platform:

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

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

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

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

We want to provide the best possible experience for you and your family. If you have any issues with your experience, please get in touch with support and let us know how we can improve. If you are still unsatisfied, let us know! We are committed to making things right! .

Please see the following situations that qualify for refund requests:

• No Documents Uploaded – 100% refund
• After Attorney Review – 50% refund
• 90 Days After Application Purchase – 50% refund
• 365+ Days After Application Purchase - 25% refund

If your application is denied by USCIS due to an error on our part, we will refund 100% of your SimpleCitizen service fees — and in certain cases, reimburse your USCIS fees, up to $3,000, depending on the application type.

While we strive for accuracy, we cannot guarantee specific legal outcomes. For example, a correctly completed marriage-based green card application may still be denied due to factors beyond our control. We can only issue refunds for issues we are directly responsible for.
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*SimpleCitizen partners with independent immigration attorneys for the review of your application, but it is self-service, and applicants may choose how to implement those suggestions. Any denial due to a decision not to follow attorney suggestions is not covered by the 100% satisfaction guarantee. In addition, if a client chooses to respond to requests from USCIS without SimpleCitizen’s help and is denied, they are not covered by the 100% satisfaction guarantee.

We take great pride in the work that we do. If you feel that your experience warrants a refund, please reach out to us. We’ll review your request and will work to make things right!

Due to bank transfers, please allow up to 30 days to process refund requests.

Please click the following link to request a refund.

Last Updated: January 15, 2020.

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Removing conditions can be a relatively straightforward process, especially if you and your spouse provide enough bonafide evidence to convince the United States Citizenship and Immigration Services (USCIS) that your marriage is legitimate.

However, if you were divorced during the conditional period, the process can become more complicated.

What is the Form I-751 Petition to Remove Conditions on Residence?

When a U.S. citizen and a foreign national get married, the USCIS grants a conditional 2-year green card. The 2-year conditional period is designed to allow the USCIS to make sure the marriage is legitimate. The conditional green card process can be avoided if the couple files for the green card 2 year or more after their date of marriage.

After two years, you will need to petition to the USCIS to prove that your marriage is legitimate and entered in “good faith”. Form I-751, Petition to Remove Conditions on Residence is the form you will file to remove your conditions and apply for a 10-year green card.

You can submit the form 90 days prior to your green card expiration date. If you fail to remove conditions before the expiration date, you will lose your lawful permanent residence status, and the process for removal will commence. If your 2-year green card has expired and you haven’t filed to remove your conditions, you should call an immigration attorney immediately. Here you can find a list of high-quality attorneys in your area.

You are generally eligible to remove your conditions if:

• You are still married to the same U.S. citizen.
• You entered into your current or previous marriage “in good faith” but you or your child were battered or abused by the U.S. Citizen that you married.
• You entered into your marriage “in good faith” but the marriage ended through divorce or annulment.
• You entered into your previous marriage “in good faith” but you were widow.

1. Don't Forget the Waiver

The portion of Form I-751 that is applicable to marriage status is under Part 3: Basis for Petition and is known as “Joint Filing”. This section of the form requires that you identify whether or not your spouse will be participating with you in filing this petition for condition removal. Further down, in section 7, signatures are required from both parties.

In part 3, underneath the section on Joint Filing, there is a section to request a waiver to avoid Joint Filing. The only reason that Joint Filing may need to be waived is if the relationship in your marriage is damaged or presence of your spouse deems Joint Filling impossible.

Conditions that may require the waiver:

• Your spouse is deceased.
• The marriage was terminated.
• You were subject to cruelty in your marriage.
• Removal from the United States back to your home country would create significant hardship.

If these conditions apply to you, check the appropriate box in the section under part 3. Be aware that if you check the box indicating that you and your spouse were divorced before your two year anniversary, you will receive an RFE (request for evidence) which must include you final divorce decree.

2. If Your Divorce is Not Finalized

So what happens if you don’t have a final divorce decree? This may be the case if you and your spouse have separated, but have not started or completed the divorce process prior to the 90-day deadline. Additionally, this may be the case if you are still married but your spouse refuses to file the I-751 form with you.

There are three courses of action that you may take in this situation:

1. You may choose to remain married through the separation, and file for the waiver under battery. This option is only available to you if these conditions apply to your individual situation.
2. You may send in evidence that the divorce process has begun. This process may be a risky one if the divorce is not finalized in time to respond to the RFE (which requires a finalized divorce decree). There may be unfortunate consequences if this is the case.
3. If you had applied prior to your 2-year anniversary, failure to respond to the RFE will result in the commencement of removal proceedings.
4. If you had already begun removal proceedings due to expiration of your conditional card,failure to produce a final decree may result in the judge not giving you a second chance. You may be removed from the United States. Wait until your conditional green card has expired, and then appeal once the removal proceedings have begun.

If you are caught in any of these situations, you should contact an immigration attorney.

3. Gather The Evidence

As you may have noticed from the previous qualifications mentioned in this article, one possibly confusing phrase that is used, is “in good faith”. This phrase refers to the original intent behind your marriage. Now, you may be asking how the government could reasonably measure something as subjective as intent.

There is an order of information you may be required to produce to prove that your marriage was of “good faith”. This is especially true if your marriage has ended, because it calls the original intent of your marriage into question. To make sure that you and your spouse were not taking advantage of the system, anything that proves the genuine nature of your marriage will be accepted.

The criteria for information that can be provided all show proof that you and your partner attempted to build a life of substance together. This shows commitment and good intention. The following will contribute to your case that your marriage was “in good faith” (in order from most to least helpful):

• You and your spouse not only have children, but have children together:
  • Provide birth certificates to prove that the two of you had biological children together
  • Provide adoption records to prove that you adopted a child together if biological children were not possible or preferred
• You share resources:
  • Things you can provide to prove the existence of a shared financial or other resource system:
    • Proof of shared bank accounts or funds
    • Proof of shared maintenance on a home
    • Proof of tax returns
    • Credit card or loan statements
    • Leases, mortgages, or deeds
    • Common club membership
    • Common religious organization
    • Common associations
    • Common teams
    • Anything that has your shared names on it

If you are currently living apart, because of the importance of this type of proof in showing you have built a life together, you will provide a detailed explanation for why you are living apart.

• You have shared insurance and estate:
  • Provide proof of shared home insurance
  • Provide proof of shared auto insurance
  • Provide wills or trusts
  • Provide proof of funeral plans
    • This may include set-aside finances or planned locations for burial
• You have shared vacations:
  • Provide travel documents (plane tickets, event tickets, etc.)
  • Provide itineraries for past vacations

If you can provide proof that your spouse went to visit your family outside of the United States, that is a great indicator of a marriage “in good faith”.

• You have photographs or gifts:
  • Provide wedding or other event pictures
  • Provide receipts for gifts
  • Provide cards that accompanied any gifts
• You have a shared name:
  • Provide proof of shared surname
• You have affidavits, letters, and correspondence:
  • Provide letters
  • Provide Facebook messages
  • Etc.

Gather whatever you think you may need well in advance.

Do not procrastinate this step until the end so that you may ensure that you can provide the best information to give you the best chance at getting your waiver approved.

Extra tip:

Once again, any evidence that you think would show the original success and intention of the marriage should be included. Provide anything that you have access to because it is better to have too much evidence that you had a good marriage rather than risk not providing enough. Specifically, be sure to provide as many types of evidence as possible rather than just large amounts of one type of evidence.

Example: Providing 1,000 pictures of the two of you is not nearly as effective as providing a few event photos along with statements of financial cooperation and travel documents.

Be sure that if you provide a lot of information, you are aiming for a wide range of quality inclusions rather than just large quantity of one inclusion.

4. Paying Attention to Timeline

With something as time-sensitive as a conditional green card, deadlines can make or break you.

If 2-year green card is 90 days from expiring, you can file Form I-751. If you have submitted the I-751 on time but are expecting an RFE, be prepared to provide the necessary information in a timely manner.

5. Divorce by Extreme Hardship

As part of request for evidence, you will likely want to include a written explanation of why your relationship ended. This will allow the government to see exactly who is at fault and it may help your case significantly.

In this process you may claim no fault divorce or that the divorce was your spouse’s fault.

In no fault divorce, you may want to explain exactly what split the two of your apart. It could be a mutual disagreement on finances, the choice to have children, etc. In this case, be prepared to prove that the marriage was “in good faith”.

If the fault all belongs to your spouse, you will want to provide any evidence that was used in your divorce case to prove this. This situation could apply if you were abandoned or anything else done to split the marriage. Once again, any information you could possible provide as long as it is true and quality will only help you case.

This second option (spouse’s fault divorce) can also qualify you to petition for a waiver under extreme hardship. This is one of the options on the I-751 under the waiver section.

You may also check the box if any of these apply to you:

• You have lived in the United States for so long that you have lost all ties to your home country.
• You can’t get a divorce due to religious or cultural tradition.
• You would experience persecution or alienation in your country.
• You have a medical condition that can’t be treated properly in the conditions of your home country.
• You would have difficulty finding a job in your home country.
• Your United States relatives would experience great financial loss without your income.
• You do not speak the language of your home country.
• You are the primary caregiver of children born in the United States (citizens) and they would have to come with you to your home country.

Again, be prepared to provide appropriate and thorough evidence if you claim any of these situations.  

Recap:

• Know the I-751 process.
• Make informed decisions so you fill out the petition to fit your individual needs.
• Gather all of your evidence well in advance so you can thoroughly support your claims.
• Pay attention to deadlines so you stay on top of the approval process.
• Know your situation so you know if extreme hardship can apply to you.

For more help with filing the I-751 and other immigration questions, visit www.simplecitizen.com and chat with one of our immigration experts!