Last Updated: February 11, 2025.

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When USCIS needs more information for a case they issue what is called a “Request for Evidence” or an RFE, as they are commonly called.

While these requests are issued on a routine basis and are just USCIS’s way of collecting more information, we understand that they can add stress to your process. Let’s look at the most common RFEs that USCIS issues for Family-Based green card applications and how to avoid receiving one.

SimpleCitizen is designed to help simplify the process of gathering required information and documents and strengthening applications overall. All applications include an independent attorney review of the information and evidence that has been added, and our case support teams

are trained to assist our customers as they work to implement the attorney’s feedback. This feedback is intended to help reduce the risk of Requests for Evidence (RFEs) and other delays with USCIS. While there is always some risk of an RFE, we work hard to reduce that risk whenever possible.

If you have received an RFE, please look at our Article “Request for Evidence (RFE)? What To Do”. If you are an existing customer, you can also reach out to our LiveChat support or to your SimpleCitizen case support team if you have additional questions or concerns!

Birth Certificates

Sending the incorrect birth certificate is one of the most common mistakes applicants make. USCIS will not accept just any birth certificate. They require a long-form certificate that contains information about at least one parent. In addition, USCIS only accepts certain versions of birth certificates from each country. To find which version is accepted from each country, you can visit the Department of State Reciprocity Schedule.

Additionally, if your birth certificate, or other official documents, are not in English, USCIS requires that a certified translation is included, along with the certificate of translation. Failure to include both a copy of the original document and its certified translation is likely to result in an RFE. 

Missing Translations

Any documents submitted to USCIS, both required documents and documents submitted to support the application, must either be in English or include an English translation.The translation should include a certificate from the translator stating that the translation is complete and accurate. It should also include the translator’s contact information and signature. Neither the petitioner or beneficiary can complete their own translations. 

SimpleCitizen is happy to provide certified translations for all USCIS required documents for our customers at no additional cost! However, if there are non-required documents, such as items for relationship evidence, that are not in English, a self-translation would also be accepted. For more information on translations, please see our article here. 

NOTE: Make sure when you submit your translations to USCIS that you also include a copy of the original document. Only adding the translation could result in an RFE.

Missing Required Documents

Forgetting to add a required document is also a common reason why an RFE may be issued. Each case has unique document requirements that depend on the details included in their application.  For this reason, please make sure to carefully check what documents are needed for your particular circumstances. Commonly missed documents could include divorce decrees or death certificates from all previous marriages, proof of U.S. citizenship or Legal Permanent Residence, and/or photo ID, and court-certified documents. SimpleCitizen guides our customers on exactly what documents their case needs. Click here to start your application.

Most Recent Federal Tax Return

In order to act as a sponsor you must have filed a tax return for the most recent tax year. Failing to include a copy of the full Tax Return 1040 OR Tax Return Transcript for the most recent tax year increases the chance of being issued an I-864 greatly. Please note that this is true even if the sponsor submits proof of a tax extension. Tax Returns are required regardless of whether or not a tax extension has been issued and the sponsor will be very likely to later get an RFE requesting proof that the Federal Tax Return has since been filed.

If a sponsor was not required to file taxes due to making less income than the specified requirements, an explanation must be included in the application. Something to consider here, however, is that USCIS has been extremely picky about income history recently. Not meeting the income requirement in the previous tax year also greatly increases the chance of being issued an RFE. 

Another time RFEs are commonly issued for this reason is on/near the tax deadline of April 15th. If you are submitting near this date and do not submit the Federal Tax Return from the most recent tax year there is a risk of an RFE being issued. This is because if you are submitting near tax day there is a chance USCIS may not review the paperwork until after April 15th and may require additional evidence and request the newest tax return. This risk can be lessened by adding the newest tax year’s return when you are submitting close to the tax deadline. 

Tax Documentation

USCIS prefers to receive copies of the IRS Tax Return Transcripts whenever possible. These are free to request on the IRS’s website, after providing valid identification. You can request these here. If you are planning on including IRS Transcripts, please make sure to select the correct one as USCIS will not accept the IRS Wage and Income Transcript, nor the Account Transcript for immigration sponsorship purposes. 

If the IRS Tax Return Transcripts are not available for any reason, USCIS will also accept the Form 1040, which is commonly referred to as your Federal Tax Return. If you are providing USCIS with the Tax Return instead of the IRS Tax Return Transcript you will be required to provide all pages of the 1040 and any Federal Tax Schedules or Forms that were included when you filed the taxes with the IRS. In addition, any W-2s or 1099s associated with the tax return should be included. One common mistake is only adding W-2s or 1099s from a current job and not all other jobs held in the tax year. When submitting this information double check that all documents have been added.  

*Please note that State taxes documents are not required and should not be included. 

If you filed taxes based on income from self-employment or other forms of income such as investments, scholarships, grants, etc, you should have filed at least one of the following schedules with your tax returns: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return. 

Your copy of the tax return form can show you if any schedules or supporting documents were used when the tax return was originally filed. Depending on which lines of your tax returns were filled out, supporting documentation may be needed!

Typically line 1 on the first page of the 1040 form shows the wages that were reported on the 1040 and can be a guide to make sure all W-2s or 1099’s are added to provide proof of those wages. These documents are generally provided through an individual's employers at the beginning of each new year. 

The additional lines highlighted in red can also be a guide to see if any Federal Schedules were used to file your taxes. If there are totals in those spots, USCIS will require you to submit any supporting documents available! 

As a reminder: Sponsors are required to submit all supporting tax documentation submitted to the Internal Revenue Service for the most recent tax year. Supporting tax documents can include W-2s, 1099s, Form 2555, and all tax schedules to report various types of income that have been reported to the IRS for each year. Forgetting to add one of these documents is very likely to result in an RFE.

Income Close to the Required Level/Lack of Proof of Income

The Form I-864, Affidavit of Support, is filed to show that the intending immigrant will be supported financially in the U.S. This is done by showing that the petitioner or a joint sponsor makes an income of 125% of the poverty line for their household size. You can see USCIS’s breakdown of these income requirements based on the current year here.

USCIS always highly scrutinizes proof of income, but especially if the income is close to the required income. In these cases a detailed letter from the employer confirming the employment and six months of pay stubs showing consistent income can help, but in some circumstances a joint sponsor may also be necessary. For more information on Employment Verification Letters, please see this article. 

Use of Assets to Meet the Income Requirements

In addition, USCIS instructions state that assets can be included to help meet the income requirements. The I-864, Affidavit of Support Instructions provide the following information for including assets in the application: 

“If your Current Annual Household Income is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size, you do not need to [include assets]. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement. 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value. You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset” (Italicized and underlined formatting has been added by SimpleCitizen). 

If a sponsor or applicant cannot provide sufficient evidence of their claimed assets, including them in the application may increase the risk of an RFE. 

Please note: USCIS adjudicating officers are increasingly issuing RFEs for sponsors that use assets to help meet the income requirement. For this reason, many customers choose to add a Joint Sponsor instead of assets when they do not meet the income requirement. 

Self-Employed and Retired Joint Sponsors

Similarly to the previous point, we have seen an increase in scrutiny against self-employed and retired joint sponsors. If USCIS feels that the income from self-employment, or retirement, is not stable enough to sponsor an immigrant long-term or that not enough evidence of income has been provided, they are very likely to send an RFE requesting a different joint sponsor. 

If you are wanting to include income from someone who is self-employed, additional documentation can help to make a stronger case. The evidence provided with the I-864 is to help establish that the income requirements are clearly and consistently met. Including this additional documentation can help in making it clear to USCIS that the self-employment is sufficient for their requirements. 

Here are some of the potential documents for Self-Employed sponsors and joint sponsors: 

1. Federal Tax Return for the most recent year (This should include all tax documents such as 1099s and Federal Schedules) (Required)
2. Record of bank statements/invoice records that show income has been deposited into the sponsor’s personal account over the past 12 months. . If including these documents, the bank statements can be highlighted to show the income from self-employment. The business bank statements, while helpful to show the business income, do not provide proof of personal income from the business. 
3. If an entity has been set up, all of the entity paperwork may be included
4. A letter outlining the details of the self-employment and the projected income for the current year
5. If the sponsor has an accountant, a letter from the accountant stating historical income and projected income for the current year can be included

Similarly, if you are wanting to include income from someone who is retired, here are some potential documents to help make their case stronger: 

1. Recent Pension statements and current Pension payment receipts
2. Social Security documents that indicate payments
3. Federal Tax Return for the most recent year (This should include all tax documents such as 1099s and Federal Schedules)
4. Bank Statements for the previous 12 months marked to clearly show retirement income
5. If they are including assets, they would also want to include any 1099’s from investments as well as the most recent statements for any stocks they hold. 

Please note: These lists are general recommendations that can help reduce the risk of an RFE. However, they do not guarantee that these types of sponsors will be accepted by USCIS and documentation will vary on a case-by-case basis based on their individual employment situation. Each application is adjudicated by an assigned USCIS officer, and the approval of them is largely up to the officer’s individual discretion. 

Relationship Evidence

We have seen customers find the most success when their relationship 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 spanning the full duration of the relationship.

Evidence we have seen be preferred by USCIS for customers in the past includes the following:

1. Proof of shared financial responsibility extending for the full duration of the relationship (bank statements, leases, credit card statements, etc.)
2. Proof of shared addresses (leases or mortgages in both of your names extending back the full duration of the relationship)
3. Proof of jointly filed taxes for all years filed jointly
4. Photos of the couple from throughout the whole relationship
5. A wide variety of other evidence such as joint insurances, joint bills, beneficiary designations, etc.

Remember, a large portion of the Marriage-Based Green Card application process is designed to prove that you and your US Citizen (or Legal Permanent Resident) spouse are in a legitimate relationship. . If USCIS does not feel that you provided enough evidence for them to make that judgment, then they will request more, either by an RFE letter in the mail, or at the interview. 

Medical Exams

Occasionally, applicants will receive an RFE for the Form I-693, Report of Medical Examination and Vaccination Record if they chose not to submit it at the time of their initial submission. In the past, we have seen this be a common indicator for when USCIS may be waiving an interview. 

To complete a medical exam, applicants must go through a licensed Civil Surgeon. You can find one closest to you here.

There is no set price for the medical exam -- each doctor's office determines their own fee so it can be good to "shop around" and call multiple offices in your area to compare the prices and wait times. For example the fees for the same exam can often range anywhere from $175 to $950.

Here is some information about completing the medical exam that may be helpful for you! 

For USCIS Form Instructions on completing Form I-693, Medical Exam, read here.

Please note: If you have received a Deficiency Notice for the Form I-693, Report of Medical Examination and Vaccination Record, a response is not required at that time. Deficiency notices are a courtesy reminder to applicants who chose not to submit the completed medical exam when they originally filed their application with USCIS. It will typically inform you that no response is needed, but that the medical examination should either be submitted at the time of the interview or when an RFE is issued for the exam.

Conclusion

We hope this guide was helpful in determining what you can do to reduce the risk of receiving an RFE from USCIS! 

As a final note, it is also important to know that not all RFEs are a bad thing. In the past, we have seen USCIS send out RFEs in order to determine if an interview might be waived for a case, which can help reduce the overall processing times as well! At the end of the day, RFEs are completely normal. That being said, responding to any request for evidence as soon as possible is critical to the overall processing of your application. 

If you have any additional questions or concerns, please feel free to reach out to us directly on our Live Chat. 

Need to file for an immigration benefit but aren’t sure where to start? To get started on your application, please take our eligibility quiz here to help determine the correct application type for you! 

Thank you! We’re happy you’re here!

Last Updated: August 21, 2020

This article addresses what a Credit Report and Credit score are, how to get your credit report as well as what to do if you do not have one! 

Recently, USCIS introduced a new form, Form I-944, Declaration of Self-Sufficiency. This Form is extensive and includes many different components used to determine the likelihood of an applicant becoming a public charge, or in other words, relying on the US government for financial support. One of these components is the credit report and score requirements.

USCIS will review the applicant’s U.S credit report and credit score to help determine whether or not they are at a high risk of becoming a public charge. Being deemed a high risk of becoming a public charge could increase the chances that your application will be denied.

Understanding Credit Reports and Credit Scores

Credit Report

A credit report is a record of an individual’s history managing and repaying their debt. It contains a wide variety of information, including, but not limited to: 

• Personal Information: Name, address, employment history, etc.
• Accounts: Open accounts, closed accounts (like paid-off loans and credit card amounts) from the previous 10 years
• Inquiries: Applications for new credit (like a credit card) and credit checks, 
• Public Records: Bankruptcy record. Only included in some reports. 

Credit files are “living” documents in the sense that they are constantly being updated with the most recent information. 

Credit reports are used to create an individual’s credit score. This report and the credit score work together to help lenders or other entities determine if an individual is “credit-worthy” based on their history of debt management and repayment. 

For more information on credit reports, check out this webpage.

Credit Score

A credit score is a 3-digit number ranging from 300-850 that summarizes the historical credit information on the credit report. It is used to indicate the likelihood that a person will become delinquent on a loan or a credit obligation. The lower a credit score the lower a person’s perceived credit worthiness. Higher scores are better as they indicate better credit management and repayment. 

Obtaining your Credit Report 

Credit reports can be obtained once a year under the Fair Credit Reporting Act from each one of the three credit reporting agencies for free. Applicants are only required to provide one credit report from any of the three nationwide credit reporting agencies, Equifax, Experian, and TransUnion. See https://www.usa.gov/credit-reports for more information. 

Requesting Your Free Credit Report: 

Online: 

Visit AnnualCreditReport.com

By Phone: 

Call 1-877-322-8228. For TTY service, call 711 and ask the relay operator for 1-800-821-7232.

By Mail: 

Complete the Annual Credit Report Request Form (PDF, Download Adobe Reader) and mail it to:

Annual Credit Report Request Service

PO Box 105281

Atlanta, GA 30348-5281

Credit Report Errors

Sometimes credit reports have errors. If this is the case, the applicant should provide evidence from their chosen credit reporting agency that demonstrates that the error has been reported and that the error has either been resolved or is under investigation. 

Additionally, if there is any negative credit history in the report such as delinquent accounts, debt collections, tax liens, foreclosures, etc., the applicant may provide an explanation in the designated areas on Form I-944. 

What to do if you do not have a Credit Report 

Some applicants may not have a US credit report or credit score. This is often because they either do not have a Social Security Number (SSN) which is required to sign up to get a credit report or they have not used credit while in the United States. If an applicant does NOT have a credit report or credit score, they should include alternative documents such as evidence of continued bill payment. Additionally, applicants can also try to include a letter from one of the three credit reporting agencies listed previously stating that they have no credit score. 

Getting a Letter from one of the three credit reporting agencies

Equifax: 

In the past, people have been required to fax a letter to Equifax stating that they could not access a Credit Report with their information and asking if Equifax could send them a letter stating that there was no Credit Report available for them. To do so, individuals must first call into Equifax to be given the fax number which they can then use to send the letter. Once Equifax received the faxed letter requesting a statement about a lack of a Credit Report, Equifax mailed them a letter stating the following: 

Experian and TransUnion: 

At the time this article was written, Transunion and Experian did not appear to offer the same services as Equifax. 

What’s Next? 

The form I-944 asks for a lot of information and requires a lot of documentation and this can add to the stress of the immigration process. 

At SimpleCitizen, we handle many of these cases daily and know how to best prepare an application. Our team of experts, along with our partner immigration law firms can ensure that your application is well taken care of. Sign up today to start your green card application.

Updated: Oct. 1, 2020

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On Tuesday night (9/29/2020), a federal judge in California temporarily blocked U.S. Citizenship and Immigration Services (USCIS) from increasing their fees.

In July, USCIS announced they would be increasing green card, citizenship, and other fees to “meet operational needs”. The fee increases were significant compared to previous fee increases implemented by USCIS, averaging 20 percent across all applicaiton types. According to the Immigrant Legal Resource Center, the changes included a new $50 fee for asylum applications, limited fee waivers and changed the criteria for fee waiver eligibility, and charged separate fees for Forms I-765 and I-131 when filed with Form I-485, which is more than a 60 percent increase.

In Tuesday’s opinion, Judge Jeffrey White of the United States District Court for the Northern District of California questioned the reasoning behind these fee increases. USCIS has not provided data to show why their financial situation has become so dire. The court agreed with the plaintiffs that the fee increases seem to be based on arbitrary and capricious arguments. 

The court also questioned the legality of the fee increases as The Department of Homeland Security (DHS) does not have a Senate-confirmed secretary. The acting director of DHS, Chad F. Wolf, and previous acting director, Kevin McAleenan, were both appointed unlawfully under the Homeland Security Act and as such, they did not have the authority to issue the rule changes USCIS set forth as its final rule. The court concluded that the public has an interest in avoiding executive overreach and that appointments required informed consent of the Legislative branch. 

In his ruling, Judge White also cited humanitarian protections for low-income and vulnerable immigrants. The fee increases would “expose those populations to further danger” he wrote.

The court’s injunction took effect immediately Tuesday night, so USCIS fees will not increase in the short term. However, the Trump administration will likely appeal the court’s decision.

Updated: March 31, 2020

For English click here.

El Formulario I-797 es un documento que el Servicio de Ciudadanía e Inmigración de los Estados Unidos (USCIS) utiliza para comunicarse con los solicitantes.

USCIS le enviará el Formulario I-797 aproximadamente 2-3 semanas después de que les envíe una solicitud. El propósito de este formulario es notificarle que han recibido su solicitud.

Hay siete formularios I-797 diferentes y cada uno tiene un propósito diferente como se describe en este artículo.

1. Receipt Notice: Formulario I-797, Aviso de acción
2. Replacement for an I-94 Formulario: Form I-797A, Aviso de acción
3. Form I-140, Petition for Alien Worker: Formulario I-797B, Aviso de acción
4. Important Information: Formulario I-797C, Aviso de acción
5. Includes a Benefit Card: Formulario I-797D
6. Request for Evidence: Formulario I-797E, Aviso de acción
7. Travel Permit: I-797F, Carta de transporte

1. Aviso de recibo

Formulario I-797, Aviso de acción

Este formulario I-797 es simplemente un recibo que le informa que su solicitud o petición ha sido aprobada. Tenga en cuenta que esto es solo el recibo, no el documento oficial. Por lo tanto, no puede usar esto para viajar, conseguir un trabajo, etc. Sin embargo, el formulario sigue siendo muy útil.

Le brinda información sobre su solicitud, incluido su número de recibo. Su número de recibo es un código de 13 dígitos que puede usar para rastrear su caso en línea. Simplemente use este Comprobador de estado de casos de USCIS.

Si pierde su número de recibo, puede programar una cita de InfoPass donde se reunirá con un oficial de USCIS que puede brindarle información sobre su caso. Asegúrese de traer una identificación válida a la cita.

Asegúrese de guardar una copia de todos los formularios I-797 para sus registros personales. Se pueden usar comúnmente como evidencia para otros formularios de USCIS que puede completar.

2. Reemplazo de un Formulario I-94

Formulario I-797A: Notificación de acción

Formulario I-797A Se envía un Aviso de acción como reemplazo del Formulario I-94. Esto generalmente significa que el cambio de estado ha sido aprobado y que el inmigrante puede permanecer legalmente en los Estados Unidos mientras se toma una decisión. El Formulario I-94 se puede encontrar en la parte inferior del Formulario I-797A y funciona como el documento oficial. El cuerpo del documento proporcionará pautas adicionales. Este formulario incluye la fecha de admisión, la clase de admisión y la fecha en la que se admite que permanezcan.

Para aumentar la eficiencia, reducir los costos operativos y agilizar el proceso de admisión, la Oficina de Aduanas y Protección Fronteriza (CBP) de EE. UU. Ha automatizado el Formulario I-94. El documento en papel solo se entrega en circunstancias limitadas. Si necesita una copia de su Formulario I-94, puede solicitarla aquí.

3. Formulario I-140, Petición para trabajador extranjero El

Formulario I-797B: Aviso de acción

Formulario I-797B se emite cuando el solicitante presenta el Formulario I-140, Petición de inmigrante para trabajador extranjero. El cuerpo del documento incluirá instrucciones. La sección inferior incluirá información importante para la admisión a los EE. UU. Según las circunstancias del solicitante, como todos los formularios I-797, este formulario incluirá detalles sobre su solicitud.

4. ¡Información importante!

Formulario I-797C: Aviso de acción

Este es quizás el formulario I-797 más común. Es muy importante que lea este documento detenidamente, ya que generalmente le indica el siguiente paso en el proceso de solicitud. Además de la información regular, el Formulario I-797C informará al solicitante de un rechazo, transferencia, reapertura o cita programada / reprogramada.

Las citas típicas incluyen una cita biométrica o una entrevista con un oficial de USCIS. Si recibe un Formulario I-797C, preste mucha atención a lo que dice. Ignorar o leer mal las instrucciones puede retrasar su caso.

5. Incluye una tarjeta de beneficios

Formulario I-797D: Aviso de acción

El formulario I-797D generalmente incluirá una tarjeta de beneficios. Esto podría ser una tarjeta verde u otro documento oficial. Sin embargo, aún es importante mantener una copia para sus registros personales.

6. Solicitud de Evidencia

Formulario I-797E: Aviso de acción

Muchos formularios de USCIS requieren evidencia adicional. Esto se llama Solicitud de Evidencia (RFE). Si el USCIS no recibe toda la evidencia requerida en una solicitud, enviará el formulario I-797E. De esta forma, explicarán los problemas con la evidencia ya proporcionada o simplemente declararán que no se incluyó evidencia.

Si recibe este formulario, ¡asegúrese de leerlo cuidadosamente! El Formulario I-797E a menudo incluirá un límite de tiempo e instrucciones específicas. Si nunca responde a una solicitud de evidencia, lo más probable es que su solicitud sea denegada.

Cuando responda a una Solicitud de Evidencia: Presente solo fotocopias de documentos oficiales porque el USCIS no le devolverá evidencia y lo más probable es que la destruya después de que se cierre el caso.

Haga clic aquí para obtener más información sobre cómo responder a las Solicitudes de evidencia.

7. Permiso de viaje

Formulario I-797F: Carta de transporte

Este es el único formulario I-797 que no es un "Aviso de acción". Este documento permite viajar a los solicitantes extranjeros. Si recibe el Formulario I-797F, simplemente siga las pautas proporcionadas en el documento, ya que son específicas para su tipo de caso.

Last Updated: March 11, 2025.

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Introduction

Some H-1B Temporary (nonimmigrant) Workers who are applying for an adjustment of status to become Permanent Residents may choose to apply for a Work and Travel permit during the interim period while their application is being processed.

Some, however, do not. You will need to determine which option is best for you. This article is meant to help you better understand the difference between an H-1B visa and a Work and Travel Permit as well as lay-out some of the pros and cons associated with each of them! 

Most companies start the permanent residency (green card) process for their employees after 6 – 12 months of employment through an Adjustment of Status. This also applies to H-1B Visa holders applying for a Family-Based Adjustment of Status, not just Employment-Based. The permanent residency process is expensive. However, because most nonimmigrant visas have strict time limits, companies that hire foreign talent can only keep those employees long term if they sponsor them for a green card. For more detailed instructions on how to apply for Permanent Residency (green card) as a current H-1B Visa holder, check out Step 2 in our article The Ultimate H-1B Visa Guide: How to Hire International Employees. 

It is important to note that your H-1B visa is STILL valid even if you apply for a Work and Travel Permit as long as you continue to meet all the requirements of your H-1B Visa. Because of this, having both Visas grants you the benefits of both. However, if you travel or change employers or update your work authorization with your current employer using your Work and Travel Permit, you will no longer be able to use your H-1B Visa as you will be considered to be under Adjustment of Status rather than an H-1B visa holder. 

Pros and Cons Summary 

Here is a table that summarizes the main differences between an H-1B renewal and a Work and Travel Permit. Information listed here is expanded upon in greater detail below. 

H-1B vs. Work and Travel Permit Overview 

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Understanding the H-1B Visa

In order to decide whether or not you should apply for a Work and Travel Permit while your application for Permanent Residency is being processed, you will need to understand how it differs from simply staying with your current H-1B Visa, or renewing your H-1B visa. 

First, let’s review the details of the H-1B visa, how your status is impacted when you apply for an Adjustment of Status (I-485), and how to apply for renewal. This information is meant to serve as a brief summary since you have likely already gone through the H-1B application process at least once before. For more detailed information about the H-1B Visa and how to apply, check out our articles Top 10 Most Common H-1B Visa Questions and The Ultimate H-1B Visa Guide: How to Hire International Employees. 

How long can I stay in the U.S. with an H-1B visa?

H-1B visas are usually valid for three years. USCIS can limit the duration of the visa according to the information your employer provides in the H-1B application. For example, if an employer cannot prove that the applicant is more likely than not needed for the full three year period, USCIS may issue the visa for less than three years. You may file to renew your H-1B visa for up to an additional three years. There are, however, some exceptions to this 6-year limit.  For example, there are ways to recapture days the employee was outside of the United States which allows them to ensure every day of the six years is utilized. 

Employment

The H-1B visa is employer specific, which means that it is only valid while you are employed by your original petitioner (employer). Additionally, you do not want to get caught in a situation where your H-1B expires before your green card is granted. If that happens, you will not be able to legally work in the United States until you either receive your green card, renew your H-1b, or are granted a Work and Travel Permit. While there is the option to renew, some applicants choose to apply for a Work and Travel Permit as it is not employment-specific. 

How H-1B temporary (non-immigrant) worker status is affected when applying for an Adjustment of Status (I-485)

If you entered the U.S. on an H-1B visa, you may continue to work on that visa as long as it remains valid and you follow all stipulations pertaining to that visa. This means working for the same employer and abiding by the time limits placed on your visa. Make sure you plan ahead and extend your visa or apply for a Work and Travel Permit if you are worried your H-1B work authorization will expire before a decision has been made on your Adjustment of Status application (I-485).

To learn more about how a green card application affects your H-1B Visa status, check out our article here. 

Extending an H-1B Visa

Whether you are applying for the first time or renewing/extending your H-1B visa, the application process is quite similar. As with your initial application, your employer will need to submit form I-129 on your behalf along with all the necessary documents. 

The employer can file Form I-129 no more than 6 months before the start date of the employment. The same applies for H-1B extensions that are filed using Form I-129. You can apply for a renewal no more than 6 months before your current H-1B is due to expire. 

Fill-out and submit Form 1-129

To begin the petition process the employer must:

• Complete and sign Form I-129, Petition for a Nonimmigrant Worker.
• Refer to Form I-129 instructions for further details.
• Include the appropriate filing fee with the petition (including the biometrics fee if applicable).

Collect the necessary documents to show your eligibility.

How much does it cost to submit an H-1B visa Extension

There is a $460 base filing fee for an H-1B petition extension. However, with the additional costs factored in, the renewal cost is almost the same as the initial application cost, averaging at about $3,000. However, these fees are almost always paid for by the employer. 

Do not worry about the cap when applying for a renewal of your H-1B as it does not apply to renewals.

Understanding the Work and Travel Permit

H-1B visa-holders applying for an Adjustment of Status (I-485) may choose to also apply for a Work and Travel Permit. This is optional, but has unique benefits. First, however, it’s important to understand what the Work and Travel Permit is and how to apply.  

Recently USCIS started issuing employment and travel authorization on a single card for certain applicants attempting to adjust their status by filing an Application to Register Permanent Residence or Adjust Status (Form I-485). This card serves as both an Employment Authorization (EAD) (Form I-765) and Advance Parole (Form I-131) document. This card looks similar to an Employment Authorization Document (EAD) but includes a text that reads “Serves as I-512 Advance Parole”. This combo card is a Work and Travel Permit. 

Not only is this new card more durable and secure, it also eliminates the need for applicants to carry around two separate cards. As someone applying for an Employment-Based Adjustment of Status you are eligible for this combo card. For more information, you can find USCIS’ answers to frequently-asked questions pertaining to this card here. 

Before we dive into the application process, let’s learn about the two primary components of this card: Employment Authorization and Advance Parole:

What is Advance Parole?

Advance parole is permission for an immigrant to enter the United States for a specific purpose. A “paroled” individual remains an “applicant for admission” and they can continue filing for a different immigration status.

Receiving this card does not guarantee your re-entry into the United States if you travel. Learn more about How to Travel After Submitting Form I-131 here. 

This card authorizes parole, not admission, to the US. Parole is not an admission or “entry”. Rather, it allows you to leave the United States without your Adjustment of Status application being deemed “abandoned”. Upon arriving at a port-of-entry into the United States, present your Work and Travel Permit to the Customs and Border Protection (CBP) Officer to request parole. If parole is granted, you will be permitted to return to the U.S. as a parolee. 

What is Employment Authorization? 

Employment authorization is when USCIS gives temporary authorization for employment to non-citizens. Immigrants can use Form I-765 to request an Employment Authorization Document (EAD). This document grants the non-citizen temporary employment authorization in the United States. Applying for Employment Authorization while waiting for your Adjustment of Status application to be processed is optional for H-1B Visa holders. 

Unlike your H-1B Visa, Employment Authorization granted via Form I-765 is not job specific. In other words, it is not tied to a certain employer or position. In this respect, Employment Authorization granted via Form I-765 is more flexible in terms of where you can work and when. Additionally, because it is not dependent on a specific employer, you can change jobs or lose employment without losing your legal status or having to reapply for a new Visa. 

How to Apply for a Work and Travel Permit

In order to get the combo Work and Travel permit, you must file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently. These can be filed with or after filing and Application to Register Permanent Residence or Adjust Status (I-485). Please ensure that you enter your name and address identically on Forms I-765 and I-131.

Note that you will receive an EAD without permission to travel if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied. 

You must file the Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole (Combo) card. Otherwise, you will receive two separate cards that you must carry with you.

For more information on how to file Form I-131, read our article Form I-131 Application for Travel: Everything You Need to Know.  For our Step-by-Step guide to Form I-765 (EAD), check out this article.

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Understanding the specifics of the Work and Travel Permit

Cost of the Work and Travel Permit

As mentioned previously, when Form I-131 and I-765 are filed concurrently with an application for an Adjustment of Status (I-485), the filing fees for Form I-765 is reduced. In this case, Form I-765 has a fee of $260 and Form I-131 has a filing fee of $630.

USCIS fees do change sometimes. You can check the updated amounts here and here or call the USCIS National Customer Service Center at 1-800-375-5283.

Estimated Wait Time for Work and Travel Permit Applications

USCIS is currently taking 6-8 months to process and approve the combo card.  Sometimes, they process these forms separately, and generally, Form I-765 is processed faster than Form I-131. Wait times can differ between offices, so be sure to look up the average wait times for your specific office. You can do that here. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

Duration of Work and Travel permit

Work and Travel permits are issued by the USCIS for a period of one or two years, depending on the availability of an immigrant visa. USCIS may also in its discretion issue the card for a longer or shorter validity period, depending on the particulars of the case. 

Renewing your Work and Travel Permit

If your I-485 is still pending approval and your work permit is close to expiring you can apply for a renewal of your EAD.

This application can be submitted up to 120 days within your work authorization expiring. This is done by submitting a new Form I-765 and a new form I-131 to USCIS. When applying for this renewal you will need to attach additional documents such as a copy of your current EAD and the Form I-797 notice from your Form I-485 application.

You file your renewal application on Form I-765 and Form I-131 with USCIS before your current employment authorization expires. You are not required to be in a valid nonimmigrant status when you file your renewal application

Some Things to Consider When Deciding Whether or not to Apply for a Work and Travel Permit:

Employment 

One of the most important things to consider when deciding whether or not to apply for a Work and Travel Permit is employment. As mentioned previously, H-1B visas are linked to a specific employer meaning that you will be unable to change employers or stop working without losing your visa. The same applies to being fired or being laid-off.

The Work and Travel Permit, on the other hand, is not linked to a specific employer. This means that you are not tied to a specific job. Rather, your status and work authorization remains valid regardless of where you work or whether or not you are working. 

If you anticipate needing to change employers for any reason while your green card is being processed, it may be helpful to have a Work and Travel permit as a  back-up-plan as it will allow you to change employers and continue working in the United States without becoming “out-of-status”.

Timing

Balancing processing times with Expiration Dates 

Many applicants working on a H-1B that apply for an Adjustment of Status do so within the first 6-12 months. This ensures they have at least 24 months for their application to go through before their H-1B expires. Doing so decreases the chance that workers will have their Temporary (Non-Immigrant) Work visa expire before their green card application has been accepted. As mentioned previously, H-1B visas normally expire after 3 years but can be renewed. 

If one applies for an Adjustment of Status more than 12 months after their start-date, there is a greater likelihood that their H-1B visa could expire before a decision is made on their green card application. Applicants and employers should keep this in mind as they will likely need to plan ahead and either apply for an extension, apply for a Work and Travel Permit, or both in order to ensure continued employment authorization.  

As of May 2021, the average national wait time for Employment-based Adjustment of Status applications was 13.7 months, however, wait times can be highly variable. Additionally, wait-time averages often differ between offices. For example, as of May 2021, the expected wait time for the Salt Lake City, UT office was 10.5-30 months for Employment-Based Adjustment of Status applications. Find more information about the wait times for your specific office here. 

The current average processing times for H-1B renewals is 4.5 months for non-premium petitions. Premium petitions are currently taking an average of 0.5 months to process. 

While Work and Travel Permits used to take only 90 days to be processed, the average wait time is usually 4-8 months. 

6-year maximums

Something else to consider is whether or not the applicant is nearing the end of their 6-year maximum on the H-1B visa. As mentioned previously, H-1B visas are typically granted in 3-year increments for a maximum of 6 years. However, in some cases, individuals can apply for 1-year renewals after they reach the 6-year maximum. Be sure to keep this timeline in mind as well. 

Given the processing times listed above, individuals will need to decide which option is best for them. Remember that having a Work and Travel Permit does not affect the status of an H-1B visa unless the terms of the H-1B have been violated in some way --such as by changing jobs. However, a Work and Travel Permit can be used to continue employment in the event that an H-1B expires. Note that if you choose to use the Work and Travel Permit Employment Authorization Document to work, you will no longer be able to use your H-1B visa. 

Travel 

As a general rule, any individual who has applied for an Adjustment of Status (I-485) must ensure that they have the right documentation to travel. Traveling without the correct documentation while the application is pending can result in the application being deemed abandoned or the applicant being unable to return to the United States for a time. There are a few exceptions to this rule, including H-1B visa holders and L-1 visa holders. 

Traveling on an H-1B Visa

As previously mentioned, H-1B Visa-holders are the exception to the rule. Unlike other Visa types, applicants with H-1B status who have a pending application for Adjustment of Status do not need to apply for Advance Parole to travel as long as they have followed/are still following all the stipulations of their visa. They are free to travel as long as their H-1B visa remains valid. 

There is, however, an exception. In the case of a pending H-1B extension within the 240 day rule, workers who leave the U.S. will most likely have to wait outside of the United States for the extension itself to be approved. Because of this, applicants should stay in the U.S. while their renewal/extension is pending.

Traveling with Work and Travel Permit (Advance Parole (I-131) and Work Authorization Visa (I-785))

Most individuals apply for Advance Parole (I-131) at the same time they apply for an Adjustment of Status (I-485) and Work Authorization (I-765). Once granted, Advance Parole can be used by applicants to leave the United States without their pending application becoming abandoned. 

Again, please note that H-1B visa holders are exempt from this rule in most circumstances. 

In summary, it is usually a good idea to apply for a Work and Travel Permit when submitting an Application to Adjust Status ((I-485). It also serves as a helpful back-up plan in the case of travel. However, as noted previously, if you use your Work and Travel permit to travel, you will invalidate your H-1B visa.

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Helpful Resources

• Top 10 Most Common H-1B Visa Questions
• The Ultimate H-1B Visa Guide: How to Hire International Employees.
• How to Travel After Submitting Form I-131
• Can I work while my Green Card application is processing?
• What happens after I submit my Green Card application?
• Can I fly while my Green Card Application is processing?

As you may already know, applying to immigrate to the United States requires a medical examination with a USCIS certified doctor. To learn more about this medical examination and it’s Form I-693, Report of Medical Examination and Vaccination Record, read our article here. It serves as a precursor to this article. 

Part of the medical examination requires doctors to check that you are up-to-date on all vaccinations designated as mandatory by USCIS and CDC. This article provides information about the basic vaccination requirements for those hoping to immigrate to the United States as well as describes what actions are required to opt-out of these requirements. For further information on vaccination requirements, check out some of the FAQ’s on the USCIS website. 

Overview

Which vaccinations are required?

Under US immigration law, all immigrants, including those seeking permanent resident status, are required to receive vaccinations to prevent the following diseases: 

• Haemophilus influenza type B
• Hepatitis B
• Measles
• Mumps
• Pertussis
• Polio
• Rubella
• Tetanus and Diphtheria Toxoids
• Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices
• Influenza
• Rotavirus
• Hepatitis A
• Meningococcal disease
• Varicella
• Pneumococcal disease

The influenza vaccination requirement is unique in that it is only required during the flu season since it is strain-specific and only available for a limited time each year. For the purposes of the Form I-693, the flu season is considered to be from October 1st - March 31st. If applying during this window, the influenza vaccination is required.

Effective Jan 22, 2025, applicants subject to the immigration medical examination no longer need to be vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

Going to your appointment 

You should bring the following items with you:

• Official vaccination or immunization record.
• Form I-693, Report of Medical Examination and Vaccination Record. Print out and bring the form to your appointment. Fill out Part 1 of the form but do not sign it until the civil surgeon tells you to do so.
• Government-issued I.D., such as a valid passport or driver’s license.
• Medical insurance card. Check with the doctor’s office to see if they accept your medical plan.
• Payment. Check with the doctor’s office about acceptable forms of payment

Remember to bring your up-to-date vaccination history with you to your appointment. 

If you have lost or misplaced your vaccination history, contact your doctor or public health clinic to see if they have a copy. You can also contact your state’s health department if you are living in the United States to see if they keep vaccination records. For children, check with previous schools or daycares as they may have a copy as well. 

Vaccination Assessment

During your appointment, the civil surgeon or panel physician will review your vaccination history with you to determine whether or not you have received all of the required vaccinations. This is why it is so important to remember to bring an official record of your vaccination history with you to your appointment. The results of this evaluation will be recorded on your Form I-693.

If you are up to date on the required vaccines, no additional vaccines will be required at the time of the medical exam. 

If you do not have the required vaccinations

If you are not up-to-date on all of the required vaccinations, don't worry! The civil surgeon or panel physician can often provide them and can help you determine which ones are appropriate for you. You also have the option to ask your family doctor to administer the required vaccines to you after your evaluation. If you choose the latter option, you will need to show the records of these vaccinations to the civil surgeon or panel physician to note on Form I-693 in order to complete the form prior to submitting it to USCIS.  

Additionally, some of the required vaccine series require months to years to complete. This can make it difficult for applicants to receive all required vaccinations prior to adjustment of status or immigration. For many of these USCIS only requires that you have at least one dose of each age-appropriate vaccination listed as mandatory. 

Talk to your doctor before you get vaccinated

Some people may not be able to get vaccinated — or may need to wait.

The day of your appointment, tell your doctor if you:

• Have any allergies
• Have had serious side effects from a vaccine in the past
• Are pregnant or planning to get pregnant
• Are sick

Vaccination Costs

While USCIS does not charge a filing fee for Form I-693, fees for the medical examination are set and charged by the doctor administering the test. Usually these examination fees range from $100 to $500. You can shop around to find the best price. In addition to the examination fee, you will also need to pay for any additional vaccinations needed to meet USCIS requirements.

As can be expected, the costs of these vaccinations will depend largely on how many and which vaccinations you need. It will also depend on the country in which you are getting vaccinated, the clinic you are attending, and what type of health-insurance you have. You can expect to pay anywhere from $25-$150 for each vaccination before insurance is factored in. Clinics often list which vaccinations they carry and how much they charge, so feel free to shop around for the best price! 

Vaccination Exemptions

There are a wide variety of reasons why someone may not have or may not wish to receive certain vaccinations.

Individuals can be exempted from immunization requirements for reasons such as age, health, pregnancy, as well as their moral convictions and religious beliefs. To find a more detailed list of potential exemptions, check out this list from the USCIS.  

Blanket Waiver - “Not Medically Appropriate” exemptions

Some people qualify for something called a “Not Medically Appropriate” exemption, often referred to as a blanket waiver. According to the USCIS website, this applies to: 

• Vaccinations that would not be safe to receive due to a medical condition such as pregnancy, allergies, or a previous bad reaction to that vaccine.
• Vaccinations that are not required based on the applicant’s age at the time of the medical exam.
• Vaccinations that are administered as a series in intervals, but there is insufficient time to complete the entire series at the time of the medical examination. (The individual is often required to have at least the first round of the series)
• The influenza vaccine if it is not the flu season.

If you meet one or more of these criteria, the civil surgeon or panel physician will indicate this on the Form I-693 and USCIS can then waive that requirement. 

A separate waiver application is not required for these specific exemptions. In other words, no additional form is needed for an officer to grant a blanket waiver for the vaccination requirement. 

To learn more about vaccination requirements for pregnant women, see the CDC’s "Guidelines for Vaccinating Pregnant Women" page. For more detailed information regarding age-specific vaccinations, check out the CDC’s information on age requirements. 

Moral or Religious Exemptions

For exemptions that do not meet the “Not Medically Appropriate” criteria, an individual must file a separate waiver application. This specifically applies to those who object to required vaccinations because of sincerely held moral convictions or religious beliefs. The required waiver is Form I-690, Waiver of Grounds of Inadmissibility. If you plan to apply for this waiver, inform your civil surgeon or panel physician.

Please note that I-690s have a higher rejection rate. If denied, USCIS will require you to complete the medical exam which could delay the approval of your case.

Form I-690, Waiver of Grounds of Inadmissibility

What is it?

This form is used to apply for a waiver of inadmissibility. It can be used by applicants for a number of reasons, including to waive the vaccination requirements. This waiver of the vaccination requirement is specific to those who wish to be exempted due to moral convictions or religious beliefs. For additional information on this form and its potential uses, refer to this USCIS web page. This link also provides you access to the PDF version of form I-690. 

Cost

As of March 2025, the filing fee for this waiver form is $905.

Waiver Requirements for Vaccination Exemptions

USCIS, in consultation with CDC, has established the following requirements that an applicant has to demonstrate through documentary evidence to qualify for this exemption: 

• The applicant must be opposed to all vaccinations in any form. They cannot pick and choose which vaccinations they want. However, it is important to note that having some vaccinations but not others does not automatically result in the denial of the waiver. The officer should consider the reasons provided for getting certain vaccines and not others such as whether the individual’s moral convictions or religious beliefs have changed substantially since the date the vaccinations were given.

• The objection must be based on religious beliefs or moral convictions.

• The religious belief or moral conviction must be sincere. The focus of the waiver adjudication will be largely based on whether or not you can demonstrate that the religious belief or moral conviction is consistently applied in your life. This strict adherence is considered to be distinct from mere preference.

Evidence 

Evidence of these religious beliefs or moral convictions may be established in two primary ways: 

1. Through the applicant’s sworn statement
2. Through additional evidence that supports that sworn statement

The minimum requirement is that you include a personal statement describing the reasons behind your objection. Make sure you include enough information in your statement to adequately demonstrate that you meet the three criteria listed above. 

An example of supporting evidence would be providing evidence of regular participation in a congregation by submitting affidavits from congregation members or evidence of regular volunteer work. 

How to File Form I-690

When you file this form you must submit all evidence and supporting documentation required. You will also need to include the filing fee of $905.

Fill Out On a Computer

Download and view in a PDF viewer.

Download PDF

Print & Fill Out Paper Form

Print the PDF and fill by hand with black pen.

Print PDF

Hire a Legal Professional

Find a legal professional to complete the form.

Visit AILA.com

Have questions about Vaccination Requirements and Exemptions?

For additional information on your medical examination and form I-693, refer to our article How to Complete a Medical Examination. 

If you need help or have questions about vaccination requirements, exemptions, or Form I-690,  please reach out to our team and we’ll get back to you shortly.

Updated: January 10, 2023

If you are getting ready for your marriage-based green card interview with USCIS, congratulations on making it this far! This is a huge achievement and you are almost to the finish line!

The adjustment of status interview is an exciting and significant step in obtaining lawful permanent residence status. Feeling nervous about the interview is normal! The interview can feel overwhelming for applicants, so it’s important to make sure you understand what the interview entails and how to properly prepare. 

The information in this guide is here to help!

Good luck!

What is the purpose of the interview?

The interview is a normal part of the green card application process, especially for marriage-based applications. USCIS’ primary aims for the interview are to verify that all the information in your application is correct, confirm that your marriage relationship is genuine, identify any risk of fraud, and give you one last chance to update any information before the final adjudication of your application.

This is a step to look forward to because it is one of the last steps in the adjustment of status process and means you are one step closer to becoming a permanent resident of the United States.

Before the Interview

Here are some tips to prepare for your interview:

1. Try not to be too nervous! This is the final stretch. 
2. Consider taking opportunities to reflect on and discuss your relationship with your spouse leading up to the interview. It is helpful to make sure you are both remembering the details of your relationship correctly so that you can confidently answer any questions the officer asks you. At the end of this article there is a list of common questions that you can talk through together for practice. 
3. Plan to arrive 15 minutes before your scheduled interview time to ensure a prompt start time. 
4. Keep your schedule open. Interviews are typically  around 15-45 minutes long. However, sometimes individuals have to wait long after their scheduled interview time before their names are called. Keeping your schedule open can help reduce your stress if you are at the USCIS office longer than expected. 
5. The interview consists primarily of questions about your relationship and immigration history. Make sure you are informed and prepared to answer questions on these topics.

What should be brought to the interview? 

1. Original official documents (birth certificate, marriage certificate, passport, visa, your spouse’s birth certificate, etc). USCIS wants to see the originals, not copies, of these for both the petitioner and the beneficiary!
2. Updated relationship evidence that you would like to add to your application. Please note that USCIS will keep the evidence submitted, so be sure the evidence you bring is either a copy or something you don’t need back.
3. Updated financial documents for any sponsors on Form(s) I-864 (and Form I-864A, if applicable) . This should include: tax documents for any tax years that have passed since you filed the application, updated letters from employers, and updated pay stubs and/or bank statements from the last 6 months. If there have been any significant changes to employment or financial circumstance, bringing an updated I-864 with the new information can be helpful.
4. A copy of your original Form I-485 and Form I-864(s) for you to use in your interview. These are the two main forms that will be reviewed in your interview, and it can help for you to be able to refer to those documents.
5. Any additional documentation requested in the letter of invitation to interview you received from USCIS.
6. If you have any new evidence that you would like to submit with your application, bring it with you. USCIS allows the submission of new evidence at interviews. 

Who should go?

For marriage-based applications, USCIS requires the Form I-130 petitioning spouse to appear for the interview with the principal adjustment of status applicant. Essentially, both spouses will need to attend the interview.

 What if an applicant is not comfortable interviewing in English? 

Applicants who are not fluent in English are permitted to bring a translator to the interview. This interviewer does not need to be certified as a translator, but they must be fluent in both English & the applicant’s native language. The sponsoring spouse cannot be the translator. The interviewing USCIS officer will make the determination at the interview if they believe that translator can translate without bias.

During the Interview

Interviews generally take 15-45 minutes to complete. However, please know that interviews can go longer than 45 minutes so, as previously mentioned, it is often helpful to clear your schedule, just in case.

During the interview, the officer may try to verify that the applicant understood the questions on the application. Any unanswered questions or incomplete answers on the application are resolved at the interview. This is also an opportunity to update any information that may have changed since you submitted the application.

During the interview, the officer will review your documents and ask you questions to make sure you have a good faith marriage and that you are not committing immigration fraud. Don’t be afraid to let your love for each other show.  

Common Interview Questions

Each interview and interviewer are different so no two interviews will be exactly the same. Due to how brief the interview is, the officer will not be able to ask a lot of questions, but will scrutinize the answers you give to make their decision. Please note that the officer chooses which questions to ask, and on occasion, questions may feel invasive or personal. They may ask questions about intimacy, marital conflict, family approval, finances, etc. 

Here is a list of common interview questions that may be asked. As mentioned above, it can be helpful to go through these questions with your spouse prior to the interview to ensure you both remember details correctly. 

Meeting and Courtship

• How did you meet?
• Where did you meet?
• Where was your first date?
• Where did you first meet in person?
• How often did you see each other after your initial meeting?
• How did your relationship progress from meeting to dating?
• What did you do on your dates?
• Did you take any trips together while you were dating?
• When did you introduce each other to family and friends?
• How long did you date before you decided to get married?
• Who proposed to whom?
• Tell me the story of your marriage proposal.
• Where did you buy the ring? 

Wedding

• Where did you get married?
• What day were you married?
• Did you do a court or a church ceremony?
• How many people attended your wedding?
• Who from your family and friends were at the wedding?
• Did you have a reception?
• Where did you hold the reception?
• Tell me about what your reception was like.
• Were each of your parents at the wedding celebration?
• Where did you go for the honeymoon?

Relationship/Daily Life

• When is your spouse’s birthday?
• Have you been on vacation together?
• Do you attend church together?
• Do you plan on having children?
• Do you live together? Why not (if applicable)?
• How do you split your finances?
• Who is your spouse’s employer?
• What are your spouse’s work hours?
• When was your last fight?
• What did you fight about?
• Who wakes up first in the mornings?
• How often do you communicate throughout the day?
• Who does most of the cooking?
• Who cleans the house?
• What side of the bed do you sleep on?
• How do you typically celebrate holidays?
• What did you do to celebrate your spouse’s last birthday?
• When is your spouse’s birthday?

Family/Friends

• Have you met your spouse’s parents?
• What are their names?
• How many brothers and sisters does your spouse have?
• Does your spouse have any nieces or nephews?
• Do you spend time with your and your spouse’s families?
• Does your spouse have any children?
• Do they visit you?
• How do you get along with your spouse’s family?
• Do you have mutual friends?
• What is your spouse’s best friend’s name?

What is the result of a USCIS interview? When will applicants receive their green card? 

Based on previous cases, interviews generally result in one of the following: 

1. USCIS may let you know at the end of the interview that they have approved your application. You would leave the interview and typically receive your green card by mail after about a month.
2. USCIS may not inform you of a decision on your case, but will approve your green card shortly after the interview and you will receive it after about a month.
3. USCIS may issue you a request for more evidence before they can come to a decision on your case. Just make sure to submit additional evidence within the timeframe that they give you. SimpleCitizen will help you with this process! 

The Marriage Based green card interview with USCIS can be intimidating, but we are here to help! If you have further questions about the interview or your application, feel free to reach out to SimpleCitizen support! 

For interview support from an attorney, our Professional package includes three attorney consultations, one of which can be used for interview preparation!

Click here to learn more about all of our affordable application packages. We are here to help guide you through your application and support you every step of the way. 

We’re happy you’re here!

Updated: Feb. 27, 2020

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If you're like most applicants, you're probably wondering "Can I work while my green card application is processing". The answer is yes, you can likely work...eventually. First, you need to meet a few requirements before you go get a job.

Before Applying for a Green Card

If you entered the U.S. on a visa that include work authorization, such as an H-1B or L-1, you may continue to work on that visa as long as it is valid and you follow all stipulations pertaining to that visa.

If you have work authorization through OPT or a TN visa you are permitted to continue working until that visa expires, but are not eligible to renew that authorization if you have a pending adjustment of status application.

Applying for a Green Card & Form I-765

If you have not applied for a green card yet and would like to be able to work in the U.S. during the processing time, you must submit the Form I-765, Application for Employment Authorization with your green card application. Once your application is approved, USCIS will send you an Employment Authorization Document (EAD) that you can use to work in the U.S. while awaiting the approval of your green card. EAD is valid for both full and part-time work.

Processing Timeline: USCIS previously issued work authorization within 90 days, but their current processing time averages 6-10 months. While it can be frustrating to wait that long to receive work authorization, these processing times are shorter than the current green card wait times and are meant to make the wait time for the green card a little easier.

The Form I-765 is typically filed at the same time as your Form I-485, Application to Register Permanent Residence or Adjust Status. Don't forget to include the application fee.

Already applied for a Green Card but forgot the Form I-765?

If you did not submit the Form I-765 with your initial Form I-485 application and want to do so, you can still submit it afterwards. However, it will still be processed based on the date it was sent (which can take longer than the green card). If you submit the Form I-765 afterwards, you will need to attach a copy of the I-797 receipt notice from the initial Form I-485 to the top of the application and will need to remember the filing fee.

Situations where you cannot file Form I-765 and work.

If you are going through the consular process outside of the United States, you are not eligible to apply for work authorization. Similarly, if your petitioner is a permanent residence, you are not eligible to submit the Form I-765 with your Form I-130, Petition for Alien Relative, and will have to wait until you are eligible to submit the Form I-485 to apply for work authorization.

Work Authorization Renewal

If your I-485 is still pending approval and your work permit is close to expiring you can apply for a renewal of your EAD.

This application can be submitted up to 120 days within your work authorization expiring. This is done by submitting a new Form I-765 to USCIS. When applying for this renewal you will need to attach additional documents such as a copy of your current EAD and the Form I-797 notice from your Form I-485 application. Additionally, don't forget to submit any associated renewal filing fee.

Working without Authorization

By law, employers in the U.S. are only allowed to employ U.S. citizens, U.S. permanent residents, or other individuals given authority to work by the USCIS. Working without authorization can cause big problems for both the employee and the company. This could also potentially complicate your green card application and is not recommended.

If you have any questions about work authorization or your green card application, please reach out to SimpleCitizen support.

This article is updated as new information regarding the impact of COVID-19 on immigration is released.

October 1, 2021

Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.

September 14, 2021

USCIS announces the COVID-19 vaccine will be required in order to complete the medical exam. Form I-693 to be updated shortly after.

August 2, 2020

A court issued an injunction against USCIS use of Form I-944, Declaration of Self-Sufficiency due to COVID-19 and its impact on the global economy. USCIS will not require submission of Form I-944 until further notice.

July 14, 2020

The policy which was put in place to required F-1 students taking classes online due to COVID to leave the United States was rescinded.

July 6, 2020

Student and Exchange Visitor Program (SEVP) announces that students taking online courses in the fall will not be allow to remain in the US during that time. This policy was later rescinded on July 14, 2020.

June 4, 2020

Certain USCIS field offices begin reopening. Appointments which were previously scheduled and cancelled will begin to be rescheduled.

May 1, 2020

USCIS issues an announcement that all responses to Requests for Evidence (RFE) and Notice of Intent to Deny (NOID) dated between March 1 and September 11, 2020 will be given an extension of 60 days from the date previously set to be due.

April 24, 2020

USCIS has announced that all routine in-person services have been suspended until at least June 4th, 2020, but has continued to fulfill roles that do require public interaction.

USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

April 23, 2020

The executive order will not apply to:

• Temporary visas (student visas, H1-B visas, etc.)
• Green card applicants filing from within the United States (“adjustment of status“)
• Spouses or minor children of U.S. citizens
• Special Immigrant Visas or EB-5 (“immigrant investor”)

It will affect:

• Spouses of legal permanent residents (green card holders) filing from abroad (consular processing). Spouses and minor children of U.S. citizens filing abroad are exempt.
• Siblings, parents, and adult children of U.S. citizens filing from abroad.

April 3, 2020

U.S. Immigration and Customs Enforcement (ICE) released updates on their response to COVID-19. They stated that, “Detainee access to legal representatives remains a paramount requirement and should be accommodated to the maximum extent practicable. Legal visitation must continue unless determined to pose a risk to the safety and security of the facility”. In addition, where possible non-contact legal visitation should be offered. If it is determined that in-person visitation be necessary it will be permitted.

April 1, 2020

USCIS has announced that all routine in-person services have been temporarily suspended until at least May 3rd, 2020, but has continued to fulfill roles that do require public interaction. USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

What this means for pending applications: No biometric appointments or interviews are currently being held. In cases where a biometrics is required and still incomplete that means that applications for work and travel authorization are not being processed at this time. Currently cases that require an interview will also remain pending until an interview can be scheduled.

March 30, 2020

USCIS announced that extension requests will reuse previously submitted biometrics in order to continue processing Employment Authorization Document (EAD) renewals.

March 27, 2020

USCIS issues an announcement that all responses to Requests for Evidence (RFE) and Notice of Intent to Deny (NOID) dated between March 1 and May 1, 2020 will be given an extension of 60 days from the date previously set to be due.

March 21, 2020

Policies between the United States and both Canada and Mexico go into place. These policies restrict non-essential travel across both borders. Travel will be permitted for matters such as work, school, and healthcare.

March 20, 2020

USCIS announces that they will accept all forms and documents with reproduced signatures dated March 21, 2020 and beyond. 

 U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, we will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond. Keep copies of all original documents with signatures in case called upon to present them to USCIS as a later date.

Marcy 17, 2020

 USCIS has announced that all routine in-person services have been temporarily suspended until at least April 1, 2020, but has continued to fulfill roles that do require public interaction. USCIS will provide emergency services for limited situations. To schedule an emergency appointment contact the USCIS Contact Center.

What this means for pending applications: No biometric appointments or interviews are currently being held. In cases where a biometrics is required and still incomplete that means that applications for work and travel authorization are not being processed at this time. Currently cases that require an interview will also remain pending until an interview can be scheduled.

March 13, 2020

USCIS announced that seeking treatment for COVID-19 will not negatively impact immigrants under public charge.

Travel restrictions to the US are put into place from two dozen European countries. This restriction does not apply to US citizens and  permanent residents, their spouses, their unmarried siblings under 21, and their children.

* March 14th Ireland and England are added to list of restricted travel.

Last Updated: September 2025

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Every applicant must include a payment for USCIS fees when submitting an immigration application. USCIS fees change over time, so make sure you know how much to pay.

Applications prepared with SimpleCitizen include detailed instructions on how to pay government fees. However, if you don't use SimpleCitizen, here is the USCIS form fee finder.

Beginning October 28, 2025, there are three ways to pay USCIS application fees:

1. Electronic Bank Transfer Form
2. Credit or Debit Card Form
3. USCIS Online Payment (when applicable)

All payments, regardless of the payment method used, must come from a bank or other financial institution in the United States and be payable in US currency.

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Here's a breakdown of each payment method:

1. Pay with an Electronic Bank Transfer

Paying with an electronic bank transfer is often considered the most simple way to pay as is is less likely to see rejections that are more common with credit and debit card payments. To pay using an electronic bank transfer, you must complete and sign Form G-1650, Authorization for ACH Transactions, and send it with your application to the USCIS lockbox. 

A filled out Form G-1650 must be sent with each form that requires payment. For example, you must submit two Form G-1650s for a concurrently filed green card application; one for the Form I-130 and the other for the Form I-485. Place the Form(s) G-1650 on top of your application when you mail it into the USCIS.

2. Pay with a Credit or Debit Card

To pay the fee with a credit or debit card, you must fill out Form G-1450 and send the application to a USCIS Lockbox facility. Payments can be made with Visa, Mastercard, American Express, or Discover.

A filled-out Form G-1450 must be sent with each form that requires payment. For example, you must submit two Form G-1450s for a concurrently filed green card application; one for the Form I-130 and the other for the Form I-485. Place the Form(s) G-1450 on top of your application when you mail it into the USCIS.

3. Making an Online Payment

If you are filing one of the few forms that USCIS has available online, the USCIS system should guide you through the process of paying online. Once you are ready to submit your application, the system will direct you to the Department of Treasury site, pay.gov, to pay your fees online.

To make a payment online, only use pay.gov. Always be sure to check the website address before entering any payment information. Be very careful to avoid scam websites and scammers who may pretend to be a government website.