Understanding the steps following the submission of a green card application.
Green Card Application
Updated: December 11, 2025
Once you've mailed your application, it can take 2-4 weeks until the USCIS accepts your application and sends the receipt letters to you.
If you sent the USCIS your payment forms, then you can check your bank account to see if those payments have been withdrawn. If so, then that means that the USCIS has started processing your application and will be mailing Forms I-797C, Notice of Action.
These I-797C 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:
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.
The next step in the application process will be getting your EAD ( Employment Authorization Document) and AP (Advanced Parole/travel authorization) approvals. The USCIS is currently taking 6-8 months to process and approve the combo card.
While Advanced Parole can be issued at the same time as Travel Authorization, we are typically seeing it be issued a few months later. Advanced Parole approval is what grants applicants permission to leave the United States temporarily while their Green Card application is pending. This step only applies to applicants who submitted Form I-131 with their green card application. However, please note that travel should still be done with caution as reentry is permitted but not guaranteed. The USCIS is currently taking 8-12 months to process and approve applications to travel.
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.
Requests for evidence can be granted at any time during the application process. They mean that the USCIS is requesting more information in order to make a decision on the application. RFEs are normal, and if responded to quickly and correctly, typically do not pose a serious risk for the case. However, failing to respond to the request properly or on time can result in the denial of the application. If you get a Request for Evidence, please notify SimpleCitizen here.
If your application and interview are approved, you will receive your Green Card in the mail approximately 12 to 24 months after you initially filed.
Here’s a breakdown of the processing times for each step:
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.
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!
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
You receive your EAD Card (if you filed for it)
If you included the form I-765, application for employment authorization, you should expect for it to be approved within approximately 6-8 months. If you receive this card, it means the USCIS considers you an adjustment of status applicant who may work in the United States.
If you included Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records with your green card application, you should expect for it to be approved within approximately 10-12 months. If you receive this approval, USCIS has granted you permission to leave the United States temporarily. However, travel should be done with caution and the document permits reentry to the United States but doesn't guarantee it.
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!
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
You receive your Green Card!
What do the first three letters of the I-797 notice receipt indicate?
General Immigration Information
Below we have included information defining what the 3-letter USCIS codes mean:
This article will explain step by step how to use SimpleCitizen to prepare your application.
Getting Started
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.
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.
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.
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.

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.
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.
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.
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.
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.
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!
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.
A list of some of the general documents required for green card applications.
Green Card Application
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.
These are the documents you should provide as evidence of a "good faith" marriage:
These are the documents that the Petitioner/Sponsor/U.S. Citizen should provide:
Click here to learn how to upload your documents to your SimpleCitizen account and prepare your Green Card application.
This article outlines strategies to help make your Removal of Conditions application stronger.
Green Card Renewals, Replacements and Removal of Conditions
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:
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:
If you’re looking for a complete guide on how to complete and submit the Form I-751, click here.
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.
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.
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:
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.
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:
We have included lists for each of these evidence categories below with extensive examples of acceptable evidence.

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:

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. -
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.

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:
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.

Showing proof of raising children together will provide evidence of a legitimate marriage. Use these documents to show evidence of raising children together:
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 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.
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.
If you would like to request a refund, please fill out the form on this page.
Technical Issues and Support
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! .
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.
*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.
Tips for filing for a Removal of Conditions after a divorce.
Green Card Renewals, Replacements and Removal of Conditions
Last Updated: January 15, 2020.
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:
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:
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.
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:
If you are caught in any of these situations, you should contact an immigration attorney.
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):
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.
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”.
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.
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.
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:
Again, be prepared to provide appropriate and thorough evidence if you claim any of these situations.
Recap:
For more help with filing the I-751 and other immigration questions, visit www.simplecitizen.com and chat with one of our immigration experts!
Learn more about what it means to be a Joint Sponsor!
Green Card Application
Last Updated: March 25, 2025.
If you found your way to this article, it’s likely that you have been asked to be a joint sponsor. Everyone who immigrates to the United States needs a sponsor. The only exceptions are:
1. Immigrants who have received credit for 40 qualifying quarters of work in the United States. Credit is earned for each quarter when you receive the minimum income required by the Social Security Administration. For 2025, the minimum income per quarter is $1,810. Additionally, immigrants can receive credit for quarters earned by their spouse during marriage and by their parents while the immigrants are under 18 years of age.
2. If you are an immigrant who receives citizenship through section 320 of the Immigration and Nationality Act, you do not need a sponsor. This condition applies to children born outside of the United States who:
3. Self-petitioning widows, widowers, battered spouses and children who have an approved Form I-360 are also exempt from sponsorship.
4. If you are applying through your status as an asylee or refugee.
For all other immigrants, a sponsor is necessary to receive permission to live in the United States.
Prior to allowing an immigrant to enter the United States, the government wants to make sure that each immigrant will be taken care of financially. Immigrants may be found “inadmissible” (unable to enter the United States) if there is any concern that they may become a public charge, and as such will require additional government support. The solution is to assure that each potential immigrant is sponsored by a person or organization with the means to support them upon entering the United States.
For those who are planning to sponsor a family member, an income greater than or equal to 125 percent of the Federal Poverty Guidelines is required for government approval. These income requirements vary based on the size of one’s household and other factors like location. The exact income levels for 2025 for most locations can be found in the following table:
| Sponsor’s Household Size | 100% of Federal Poverty Guidelines | 125% of Federal Poverty Guidelines |
|---|---|---|
| 2 | $21,150 | $26,437 |
| 3 | $26,650 | $33,312 |
| 4 | $32,150 | $40,187 |
| 5 | $37,650 | $47,062 |
| 6 | $43,150 | $53,937 |
| 7 | $48,650 | $60,812 |
| 8 | $54,150 | $67,687 |
If a potential sponsor’s income is lower than 125 percent of the Federal Poverty Guideline, there are still options for them to help their loved ones. These additional values could help them still qualify for sponsorship.
1. The incomes of any relatives or dependents living in your household or dependents listed on your most recent Federal tax return can also be counted towards your total household income. If you intend to include the value of any additional members of household in your income, make sure you fill out the I-864A, Contract Between Sponsor and Household Member.
2. The income from the intending immigrant can additionally be counted towards your household’s income. For this to happen, the intending immigrant must:
If both of these conditions are not met, the immigrant’s income cannot be counted. The only exception to these requirements is if the intending immigrant is your spouse, in which case their current residence does not have to be the same as yours.
3. The value of your assets, the assets of any household member who has signed the I-864A, or the assets of the intending immigrants may count. Assets include any property that can be converted to cash within one year and without undue harm (physical or financial) to the sponsor or his or her family members.
4. If none of the above options work in a situation, then a joint sponsor may be necessary to help satisfy the income requirements.
A joint sponsor is someone who helps the primary sponsor to satisfy the financial requirements of sponsorship. A joint sponsor must be:
Each joint sponsor must fill out a separate I-864 form. In their form, they will include the names of all immigrants that they will personally be sponsoring. In the case of two joint sponsors, each sponsor will only list the intending immigrants for which they will take legal responsibility.
Since this is a very important and technical form, it is very important that it is completed correctly.
Included here are the steps to complete this document. Feel free to fill out the form with me as I explain the different steps of this form.
The I-864 consists of 11 parts. This will walk you through how to fill out each step.
Every sponsor, no matter what kind, will fill in their own name in the first box of the section.
As a joint sponsor, you will have two options to fill out the rest:
If you are the only joint sponsor, mark the 1.d. Option.
If you are one of two joint sponsors, mark the 1.e. Option. In this situation, each sponsor must be labeled as either the first or second sponsor.
The information in this section will be about the principal immigrant that you are sponsoring.
In items 1.a., 1.b., and 1.c., include the complete name of the principal immigrant
In items 2.a. - 2.i., include the address of the principal immigrant.
Items 3-7 consist of additional information about the immigrant. Only items 3,4 and 7 (the Country of Citizenship or Nationality, date of birth, and telephone number) are required. Items 5 & 6 (Alien Registration Number and USCIS Online Account Number) are not required, but will make the process easier for the immigration officials if they are included.
If you are the only joint sponsor, or you are the joint sponsor for the principal immigrant, you will mark Yes on item 1.
If you plan to sponsor additional immigrants who will immigrate more than 6 months after the principal immigrant, mark item 3.
In items 4-28, you will include the information of any additional immigrants on top of the principal immigrant who you personally will be sponsoring. If you are only sponsoring the principal immigrant, you do not need to include their information again.
In item 29, you will enter the total number of immigrants that you will be sponsoring.
In item 1, you will include your own name.
Items 2-4 will consist of your mailing and physical address. If they are the same, then you can simply mark Yes in item 3, and skip item 4 completely.
Items 5-10 are all required information about you. If your address from items 2-4 are outside of the United States, but your country of domicile is the United States, you must include a written explanation.
For item 11, specify if you are a U.S. citizen, national, or permanent resident.
Since you are not a petitioning sponsor, you will not fill in item 14.
In this section we will establish your household size. Therefore, all the inputs you add in this part will be numbers.
Item 1 will be the total number of immigrants that you are sponsoring. This should be the same quantity that you entered on Part 3, item 29.
Item 2 should be 1, to represent yourself.
If you are married, you will add a 1 for item 3. Otherwise, add a 0.
If you have any dependent children (unmarried and under the age of 21), add the number that you have in item 4. Otherwise, add a 0.
If you have any other dependents living in your household, write down the number for item 5. Otherwise, add a 0.
If you have sponsored any other immigrants, mark the number for item 6. Otherwise, add a 0.
In item 7, you will include the number of any additional household members who are not dependents, but that you will be including in the total household income.
Item 8 is the total of items 1-7.
The total found in item 8 is the quantity that use to refer to the chart at the beginning of this article to find the exact amount that you must be making to be financially responsible for the immigrants that you plan to sponsor. Keep this value in mind while we calculate your household income in the next part.
Items 1-6, will show how you receive your income.
If you are employed, mark item 1 and include your employer’s name in item 2. If you have a second employer, you can add that in field 3.
If you are self-employed, mark item 4.
If you are retired, mark item 5.
If you are unemployed, mark item 6.
In item 7, write your total annual income. This should be the same amount shown on your employer letter and pay stubs. Do not include anyone else’s income in this amount.
In items 8-19, you will include the information of any additional members of household who you will count towards the total household income.
Item 20 will be your total household income. You will add up your own annual income and the incomes of any other members of household listed in items 8-19.
Mark item 21 if the additional members of household filled out a Form I-864A.
Mark item 22 if one or more of the household members who are adding their income to the total are intending immigrants. They will not need to fill out a Form I-864A.
Items 23-25 deal with tax returns.
If you filed a tax return during the last three years, mark item 23.a.
You must include a copy of the past year’s tax return. The two previous years are optional. If you include them, mark item 23.b.
Item 24 will include the past three years’ Adjusted Gross Income (AGI). Make sure to put your exact AGI found on line 37 of the 1040 and line 21 of the 1040EZ.
If you were not required to fill out a tax return, mark item 25.
Items 1-4 consist of the value of your assets.
In item 1, put the value of your savings and checking accounts.
In item 2, include the net value of your real estate holdings (net value is the total value minus any mortgage debt).
In item 3, include the value of any assets not already listed.
Item 4 will be the sum of items 1,2 and 3.
In item 5, you will include the assets of any other relative who you are including in your total. This person must have filled out a Form I-864A.
Items 6-9 will be the value of assets of the principal immigrant.
Item 10 is the total value of assets calculated in Part 7.
Part 8 goes into detail about the specific responsibilities. Most of the details discussed here were mentioned at the beginning of this article. You are encouraged to read through this section prior to signing the Form I-864, as this is the exact contract that you must follow.
In item 1, you will state whether or not you received assistance from an interpreter.
Item 2 concerns whether or not you received help from a preparer.
In item 3-5, you will include your contact information.
Item 6 is your signature. This is the most important part of the form. This is what will validate the entire affidavit. Make sure you clearly understand what is expected of you before you sign this part of the form.
If you did not receive the help of an interpreter in filling out this document, you can skip ahead to the next part.
If any part of this form was interpreted for you, you must include the contact information of the interpreter in items 1-6.
The interpreter will then sign item 7, which states that they correctly explained every part of this form to you.
This section is only necessary if you had another individual’s help in completing this form. If you completed it by yourself, you can move on to the next part.
If you received help in completing this form, then you need to include their contact information in items 1-6.
In item 7, the preparer will state whether or not they are an attorney.
The preparer must sign in item 8, stating that they prepared this document for you to the best of their ability.
The space given in Part 11 is specifically for the purpose of giving you extra space in case you were not able to complete one of the previous questions in the space given. You can print out as many of this form as you need to complete each part.
If you have reached this point, congratulations! You have finished filling out the I-864 document!
There are some questions that come up frequently about filling out the Form I-864. Here are some of these questions.
Your obligation as a sponsor will continue until:
It is important to note that if you are sponsoring your spouse and go through a divorce, you will still retain your sponsorship responsibility.
One thing to keep in mind when sponsoring an immigrant is that they may become ineligible to receive “means-tested public benefits”. At the federal level, the benefits that they may not be able to receive include:
Additionally, each state provides other benefits that are included in the “means-tested public benefits” category, and these may also be denied to immigrants. Make sure to familiarize yourself with the specific list for your state before signing the I-864 document.
In some circumstances, the immigrants access to public benefits may not be denied by the government. This does not mean that those benefits will come free of cost to the sponsor. Some sponsors may be asked to repay the cost of the benefits used by the immigrant. Failure to repay the cost of these benefits may result in a lawsuit. Again, we encourage you to check with an attorney before allowing your sponsored immigrant to receive government funded benefits.
There are several documents that should be included with your application.
The first document is one that would validate your right to sponsor someone. This could be anything that proves you have U.S. citizenship, U.S. national status, or lawful permanent resident status. (i.e. passport, birth certificate, or certificate of naturalization)
You should also include evidence of your current employment. This can be done through providing 6 months of pay stubs and a letter from your employer. The letter from your employer should show your time at the company, current salary, and position. It can be provided by HR or your manager.
If you are unemployed, you should still find a way to prove you have the means to support the immigrants you are sponsoring. If you are counting on the incomes of other members of your household, you can include their pay stubs with your application. Additionally, if you are including the values of specific assets, such as your house, you can include an appraisal of the asset to prove its value.
All of these documents will help prove the validity of your claims. Including them will help prevent against USCIS filing an RFE (Request for evidence). If the government feels that not enough information is supplied, they may put a hold on your process until you provide additional evidence. These documents will provide that proof for them.
Hopefully this guide is helpful in filing your own joint sponsorship paperwork. Now, please do not use this guide as your only source of information. This is a very complicated document, and it would be wise to consult an attorney to make sure that all the information is complete prior to filing the I-864.
SimpleCitizen includes the Form I-864 in their complete green card immigration paperwork service. Go to https://start.simplecitizen.com/ to start your application today.
Learn about the L1 visa, what you need to know, and how to move from the L-1 visa to a Green Card.
Green Card Application
Last Updated: January 15, 2020.
Many times, businesses require employees to take part in international work. It can be hard to maneuver all the paperwork, and to know which visa to apply for. As such, this article is about the L1 visa, what you need to know about it, and how to move from the L-1 visa to Green Card.
The L-1 is a work visa that allows a U.S. employer to temporarily transfer an employee from one of its foreign offices, to one of its offices in the United States. It is a non-immigrant working status.
There are two types of L-1: the L-1a and L-1b. The L-1a may be used by U.S. companies to transfer executives or managers into the United States. It also allows a foreign company that does not yet have a U.S. office, to send an executive or manager to the United States, with the purpose of establishing one. The L-1b may be used for the transfer of an employee with specialized knowledge relating to the organization’s interests, from a foreign office to an office in the United States. The L-1b also permits a foreign company without a U.S. office to send an employee with special knowledge to the United States to help establish one.
In order for an employee to qualify for an L1, the employer must:
The presence of an agent or office of the qualifying organization in the United States and abroad is not enough for this requirement. The company must be doing business in the US and in another country as well for the duration of the L1 recipient’s stay. Along with these requirements for the employer, there are different requirements for each the employees and the two types of L-1 visas.
For the L-1a the employee must:
Executive capacity usually refers to the employee’s ability to make decisions within a wide scope of the company without negligence. Managerial capacity is the ability of the employee to supervise and control the work of professional employees, and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.
The L-1b has a few different requirements for the employee. They need:
Specialized knowledge is an individual’s knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. Examples of people with specialized knowledge include doctors, engineers, architects, surgeons, teachers and professors.
To start the application process, an employee must meet the requirements of years working for the company as stated above. Then an employer must file a Form I-129, known as a Petition for a Nonimmigrant Worker, with a fee, on behalf of the employee so they can be considered for an L-1. With that, they must determine which type of L-1 to file for: L-1a for executives and managers, or L-1b for employees with specialized knowledge. If you are only coming for meetings, conferences, trainings, or other such events, these are not considered productive employment. Apply for a business visa instead.
You do not need to be a full time US employee to obtain an L-1 visa. You may be principally employed outside the U.S. and receive one if you come to the U.S. to work on a short term basis.
For both an L-1a and L-1b, qualified employees coming the United States to establish a new office will be allowed a maximum initial stay of one year. For all other employees, the max initial stay is up to three years. For all L-1a employees, requests for extensions may be given in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. For the L-1b, it is the same. The only exception being that only two extensions are allowed, resulting in a limit of five years in the United States.
After your employer has filled out Form I-129, Petition for a Nonimmigrant Worker, it usually takes about six months to a year to process the petition and issue the L1 visa. The processing time is about the same for both L-1a and the L-1b.
During the time that the L-1 recipients stay in the United States, the organization must continue to do business in the United States and at least one other country. The L-1 is not limited to specific countries. For family members of L-1 recipients, like spouses and unmarried children under 21, they can receive an L-2 visa and accompany their family member to the United States.
Many people with an L-1 eventually apply for a green card. Just like there are different L-1 visas, there are also different Green Cards.
A Green Card is a permanent residence card for immigrants living in the United States. It allows permanent residency and employment in the United States. There are different avenues through which one can get a green card.
One way is through employment in the United States. These are Employment Based or “EB” Green Cards. There are three different levels or categories. The first one is called “First Preference” or “EB-1” for priority workers. These are for immigrants with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors and researchers; or certain multinational managers and executives.
The second group is “Second Preference” or EB-2. This is for immigrants who have a profession that requires an advanced degree, have exceptional ability in the sciences, arts, or business, or are seeking a national interest waiver. The third level is the “Third Preference” or EB-3. This is for for skilled workers, professionals, or other workers. The level or category of Green Card you apply for depends on the category you fall under within the EB-1, EB-2, or EB-3.
For those with with an L-1 visa, the best Green Card to apply for is the EB-1. This is because they are most likely executives or managers within their company. A major advantage of acquiring your green card through the EB-1 category is that you can avoid the complex labor certification process. In the EB-1 category, the employer of the immigrant files Form I-140, Petition for Immigrant Worker. However, the petition must be filed with certain documentation that proves that the employee is eligible for a green card. It must be filled out by their employer in the US, which also has to be their same employer in their home country.
Once the EB-1 status has been approved, then you must submit a Form I-485, Application to Register Permanent Residency, or Adjust Status, which is the basic Green Card application form.
Generally, the processing time for an EB-1 Visa is about 8 months. Once the EB-1 has been approved, it takes approximately 6 months to be issued permanent residence after the I-485 has been filled out and submitted. For help on how to fill out the I-485, check out SimpleCitizen. With them, the I-485 process becomes faster, and much more user-friendly.
The process from an L1-b to a green card is a little more difficult. First, you can choose to apply for either an EB-2 or EB-3 Green Card based on your skill set. The EB-2, as stated earlier, is an employment based Green Card that is for L1 holders who have exceptional ability. In order to qualify for the EB2 status, one must meet three of the following:
If you meet at least three of these requirements, then you can file for an EB-2. To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. Along with the Form I-140 Form and under PERM Labor Certification, EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Once the EB-2 status is approved, you can apply for a Green Card by using form I-485. Allow for extra processing time for both the EB2 and the green card.
Now let’s talk about the EB-3. This is the category for those who fall under the skilled worker, professional, or other worker status. Skilled workers are those whose jobs (that are temporary or seasonal) require a minimum of 2 years training or work experience. A professional is someone whose job requires at least a U.S. Bachelor's degree, or foreign equivalent, and are a member of that profession. An unskilled worker is someone performing unskilled labor (that is not temporary or seasonal) requiring less than 2 years training or experience.
In order to qualify for an EB-3, each category has different requirements.
Along with the requirements for each of these categories, ALL of the above parties must provide evidence of labor certification, and a permanent, full-time job offer. Generally, these also must be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. The above encompasses the labor certification process.
The PERM labor certification usually takes about 8 months. This includes a 30-day job order requirement, an extra 30-day waiting period after the job order, and a 6-month processing time for the ETA-9089 application.
Once you have your PERM labor certification done, your employer will need to sponsor you by filling out Form I-140, Petition for Alien Worker. The date that the USCIS receives your petition will become your “priority date”. You will have to wait until your priority date becomes current with final action dates given by the Department of State. The amount of time that you will to wait depends on the kind of green card that you apply for and your country of origin.
The I-140 has an average processing time of 6 months depending on the Service Center that is processing your I-140 form. Most EB-3 cards waiting period ranges from a few months to several years.
Once your priority date is current, you can submit your I-485 form to have your status adjusted to legal permanent resident. The I-485 once completed has an average wait period of 6 months as well. Once it has been approved and processed, you are officially a permanent resident. However, it might take a few months to receive the physical copy of your Green Card. As previously mentioned, to fill out the Form I-485 faster, look at SimpleCitizen which helps to simplify and speed up the I-485 process.
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