Congratulations on your engagement!

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

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

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

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

Basic Guidelines

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

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

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

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Suggestions for Different Types of Relationship Evidence

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

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

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

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

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

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

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

2. Proof of Frequent Correspondence 

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

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

3. Evidence of joint financial responsibilities

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

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

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

4. Affidavits of support

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

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

Warning Signs:

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

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

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

Preparing documentation for USCIS

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

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

Conclusion:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What is Form I-566?

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

When to file Form I-566 and Connected Forms

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

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-566. With our easy-to-use platform and expert guidance, filing Form I-566 has never been simpler. Check your eligibility to Form I-566 with SimpleCitizen.

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

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

What is Form I-508?

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

When to file Form I-508 and Connected Forms

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

We’re happy you’re here!

SimpleCitizen is here to help you achieve the American dream. Safely and accurately apply, submit, & stay on top of your immigration status. Let SimpleCitizen guide you through filing Form I-508. With our easy-to-use platform and expert guidance, filing Form I-508  has never been simpler. Check your eligibility to Form I-508 with SimpleCitizen.

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

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

What is Form I-485?

Last Updated: Dec 5, 2024

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

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

When to file Form I-485:

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

Family-Based Applications:

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

Employment-Based Applications: 

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

Connected Forms

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

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

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

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

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

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

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

We’re happy you’re here!

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

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

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

Connected Articles: 

What is Form I-485 Used For?

Who May File Form I-485?

What Evidence Must You Provide With Form I-485?

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

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

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

Where can I find my A-number?

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

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

What if I have more than one A-Number? 

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

Not sure if you have an A-Number? 

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

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

Conclusion:

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

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

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

The medical exam or Form I-693 (Report of Medical Examination and Vaccination Record) is one of the USCIS-required forms for people looking to apply for a green card/permanent residency in the United States. Since Form I-693 needs to be filled out by a USCIS-approved doctor, there are many things to consider when choosing a doctor. This article will contain basic information for people completing the medical exam from inside the United States. 

This article will help answer the following:

• What is a civil surgeon?
• Where can I find a USCIS-approved doctor close to me?
• Things to consider when choosing a civil surgeon
• When should I get my medical exam done?

Please note that the process differs for those completing the medical exam outside the United States. If you are doing your medical examination from outside the US, please visit this link for more information on the correct medical exam process.

What is a civil surgeon?

The USCIS doctors assigned to perform the immigration medical examination are referred to as “civil surgeons.” Only civil surgeons can perform the medical examinations and fill out and seal Form I-693. It is important to remember that unless a doctor is a USCIS-approved civil surgeon and is part of the list of USCIS-approved physicians, they cannot complete Form I-693 or conduct the medical exam. 

Where can I find a Civil Surgeon close to me?

If you are applying for a Green Card from inside the United States, you can look for a USCIS-approved doctor (Civil Surgeon) near you using your address, state, or zip code with this link. You can also look up doctors by gender and the language they speak.

Things to consider when choosing a civil surgeon:

There are many things to keep in mind as you determine when and where to complete your medical exam and which civil surgeon to choose. Planning ahead and researching can be very helpful, especially for something as time-sensitive as immigration paperwork. Here are a few things to consider before taking the medical exam:

1. Cost of the Medical Exam 

USCIS does not require medical offices to charge a set fee for the medical exam. Rather, each medical office gets to determine the fee it will charge for the medical exam. Typically, the exam can cost anywhere between $175 and $900, though it can be much more at some medical offices. For this reason, calling different doctors and shopping around can be helpful. Additionally, please note that medical exam fees doctors charge do not usually include the cost of vaccinations that applicants may need. Some doctors can provide the necessary vaccinations in-office, so be sure to contact a USCIS civil surgeon for more information.

For a list of the vaccines required by USCIS, click here.  

2. Wait times

Wait times for the medical exam vary and are subject to the availability of the civil surgeon you choose. While some offices are available within a week of scheduling, others may have long delays. Usually, the cheapest medical offices have the longest wait times. This is another reason why it can be helpful to consult multiple doctors when possible. While the medical exam can be a relatively short interaction with the doctor, it is not unusual for it to take two weeks or more for the doctor’s office to complete the required paperwork and mail it to the applicant. This wait time is often impacted by needed vaccinations.

Any Form I-693 that was properly completed and signed by a civil surgeon on or after November 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. USCIS officers have the discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. Medical exams completed before November 1, 2023, have a 2-year validity period.

3. Location

As listed above, you can find your closest doctor using this link and your zip code. Please note that the number of civil surgeons available varies by state and location. Planning ahead can be helpful, as some people may be required to travel long distances to complete this exam. 

4. Reviews

There are several ways people can find a doctor that they are comfortable with. Many civil surgeons have reviews on Google that discuss other patients’ experiences. Also, through the USCIS “Find a Civil Surgeon” link, a person can filter doctors by gender and by the language they speak. People can use reviews and these filters to look for options they trust. 

When should I get my medical exam done?

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

For applicants who are required to submit Form I-693 or a partial Form I-693 (such as the Vaccination Record for applicants who entered on K visas), USCIS will reject Form I-485 if the completed medical exam is not submitted concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status.

TRANSLATION OF VACCINATION RECORDS:
Some offices require applicants to translate their vaccination records. In some cases, when the USCIS civil surgeon speaks the applicant’s native language, translations may not be needed. However, this can vary from office to office. Please make sure to call and check with the USCIS doctor to determine what documents are translations are needed.

Conclusion

USCIS requires the medical examination (Form I-693) for all people filing for a green card. A USCIS-approved doctor (civil surgeon) must perform the exam and complete the form. The exam can then be submitted with the application or at the moment of the USCIS interview. Please consider the vaccines needed, wait times, and availability of doctor’s offices before scheduling an appointment. It is also important to note that the current USCIS requirement is to send the medical exam with the application. If you have any questions about your medical exam, please feel free to reach out to our live chat or call your Civil Surgeon.

Please visit this article for more information on what to bring to your medical examination, what happens at the exam, and how to send the form. 

SimpleCitizen would love to help you with your immigration case!
To sign up now, click here.

If you’ve ever been an Exchange Visitor on the J-1 visa, you may have heard of the “Two-Year Home Residency Requirement” or 212(e). If you have entered the US on a J-1 visa in the past and now wish to apply for a green card, it’s important to understand that if you were ever subject to this requirement, it could impact your eligibility to apply. The 212(e) requirement can be a bit complex, but in this article, we will help you understand if you are subject to this requirement and what to do.

What is the 212(e) requirement?

The Two-Year Home Residency Requirement, also known as 212(e), promotes cultural exchange by encouraging J-1 Exchange Visitors to return to their home country for two years after they complete their J-1 program. However, this rule only applies to certain categories of people currently in the US on a J-1 visa or who have previously been on a J-1 visa. If someone is subject to 212(e), they are required to return to their home country of citizenship or legal permanent residence and reside there for a cumulative period of two years before they are eligible to:

• Return to the US as a Legal Permanent Resident (green card holder) or
• Return to the US on an H-1B, K, or L visa. 

Being subject to 212(e) also prohibits changing status in the US to any of those visas or applying for Adjustment of Status to Legal Permanent Residency until the conditions of the requirement have been met or a waiver has been issued. 

Who is subject to 212(e)?

The J-1 visa has many different categories - examples of these categories include au pair, exchange student, visiting scholar, visiting physician, work-travel programs, and many more. Some of these categories, like visiting physicians, can automatically cause someone to be subject to 212(e). In contrast, those in other categories may be subject based on meeting at least one of the conditions below during their J-1 program:

• Receiving government funding:  Funding directly or indirectly from either your home country’s government or the U.S. Government. In some situations, funding through a University could count as government funding.
• Receiving funding from an International Organization or Binational Commission: Funding from organizations that receive money from government sources such as the United Nations, NATO, etc.
• Specialized Knowledge or Skill: Having skills or expertise that your country has deemed essential and necessary to the country's development as identified on the Exchange Visitor Skills List.
• Graduate Medical Education (GME) or Training: Visiting the US to obtain graduate medical education or training.

NOTE: It is possible to be subject to the 212(e) in more than one of the above categories.

How do you know if you’re subject to 212(e)?

The visa stamp in your passport and/or a US Consular note on the bottom-left of your original DS-2019 may indicate whether or not you are subject to the 212(e) requirement.

Please note: It is possible to be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

What is a waiver of the 212(e) requirement, and can I apply for one?

In some situations, someone subject to 212(e) may be eligible to apply for a waiver of this requirement. When approved by the US Department of State, this waiver removes the 212(e) requirements – this means that someone who was previously subject to 212(e) who is approved for the waiver would no longer be barred from applying for Legal Permanent Residency or any of the other visa types that 212(e) prohibits.

However, please keep in mind that the waiver process can be lengthy, and it may take up to a year or more before a decision is made on your request. Please see the Department of State website for more information about applying for a 212(e) waiver, and click here to see the 212(e) waiver eligibility requirements.

Applying for the 212(e) waiver process can vary depending on your country of citizenship or legal permanent residence and is quite complex. Because SimpleCitizen is a self-service tool and not a law firm, we suggest you contact a licensed immigration attorney about applying for the waiver. The American Immigration Lawyers Association (AILA) is an organization of immigration attorneys. A good way to find an immigration attorney is to use the AILA website. To find an immigration attorney in your area, you can use AILA's lawyer search here. 

For some, 212(e) can be seen as a significant barrier to becoming a Legal Permanent Resident in the US. However, with the guidance of an experienced immigration attorney, many can apply for a waiver of this requirement and pursue their goal of immigrating to the US. For those approved for the waiver already, SimpleCitizen is happy to help you with the next steps of your immigration journey!

Please note: If you are subject to 212(e) and would like to use SimpleCitizen’s services when applying for a green card, your waiver must be approved when you submit your application for review by the network partner attorney. We will unfortunately not be able to review your application if you have only submitted your 212(e) waiver, but it has not been approved yet.

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Frequently Asked Questions

I would like to fulfill the 212(e) requirement before I apply for a green card. Am I allowed to leave my home country during my two-year home residency? 

Yes! Being subject to 212(e) does not prevent you from traveling from or spending time away from your country of citizenship or legal permanent residence. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), can I leave the US and return on another nonimmigrant visa type? 

Yes, you can depart the US and return on another non-immigrant visa type (such as F-1 or B-2). However, this does not remove the 212(e) requirement. Remember, 212(e) only prevents you from returning to the US as a Legal Permanent Resident (green card holder) or on an H-1B, L, or K visa until you fulfill the requirement or are approved for a waiver.

If I’m subject to 212(e), is my J-2 dependent also subject to 212(e)? 

Yes. J-2 dependent status is directly related to the status of the principal J-1 visa holder. If you are on the J-1 visa and subject to 212(e), then your spouse and/or children on the J-2 visa would also be subject to that requirement.

I came to the US on a J-1 visa more than 5 years ago and was subject to 212(e) for that J-1 program. However, I did not depart the US. Am I still subject to 212(e)?

Yes. If you did not reside in your country of citizenship or legal permanent residence for two (cumulative) years, and you do not have an approved 212(e) waiver, you are still subject to 212(e). No matter how long ago you were on a J-1 program subject to 212(e), this requirement will stay in place until you fulfill the requirement or are approved for a waiver.

My visa stamp says I am subject to 212(e), but my DS-2019 doesn’t. Am I subject to 212(e)?

It can be subject to 212(e) even if it is not indicated on your visa and/or DS-2019. It is also possible that the information on your DS-2019 or visa stamp may be inaccurate. If you have questions about whether you are subject, you can submit a request for an Advisory Opinion to the US Department of State.

Al revisar su ingreso anual, USCIS considerará no sólo el ingreso actual de un patrocinador/sponsor, sino también cuánto tiempo ha estado con su empleador actual y cuánto ganará durante el año en curso. Por ello, si un patrocinador/sponsor ha tenido varios empleadores durante el año actual, muchas personas tienen más éxito con USCIS cuando informan no sólo los ingresos de su trabajo actual, sino también de sus ingresos proyectados para el año en curso, basándose tanto en los trabajos anteriores como en los actuales. Esta previsión de ingresos debe ser lo más exacta posible y debe estar respaldada por pruebas. 

IMPORTANTE: Esta información está en español para mayor comprensión pero la carta y los cálculos deben estar en español. 

Nota: A la hora de determinar los ingresos anuales, USCIS sólo tiene en cuenta el salario base de la persona. Las horas extras, las bonificaciones, los estipendios, las propinas, las comisiones u otras fuentes de ingresos irregulares no tienen garantía de ser pagadas y no serán consideradas por el USCIS. 

Sabemos que esto puede ser complicado, así que estamos aquí para ayudarle a dar ejemplos y guiarle a través del proceso.

¿Cómo calcular los ingresos anuales previstos de un patrocinador/sponsor?

Para calcular sus ingresos anuales, el patrocinador hará una lista de todos los trabajos que ha tenido durante el año calendario en curso y determinará cuáles han sido sus ingresos del año hasta la fecha en cada uno de sus trabajos. Si tiene varios empleos actualmente, puede añadir todos en esta lista de empleos. A continuación, calculará cuánto prevé ganar con su trabajo actual desde la fecha de inicio hasta el final del año.

Aquí se muestra un ejemplo para ver cómo podría ser esto:

Sarah ha tenido 3 trabajos diferentes durante el año calendario actual. 

Trabajo nº 1: Sarah estuvo en este trabajo de enero a abril: Su último talón de pago (pay stub) mostró un ingreso anual (Year To Date earnings) de $7,040. 

Trabajo nº 2: Sarah estuvo en este trabajo de junio a agosto: Su último talón de pago (pay stub) mostraba unos ingresos anuales (Year To Date earnings) de $5.600

Trabajo nº 3 (actual): Sarah comenzó este trabajo en septiembre. Gana 15 dólares por hora y trabaja una media de 15 horas a la semana. Desde el momento en que Sarah comenzó su trabajo hasta el final del año hay 17 semanas en el año. Sarah puede calcular sus ingresos previstos en este trabajo multiplicando sus ganancias medias semanales ($15 x 15 horas = $225 semanales) por las 17 semanas que trabajará en este trabajo en el año. Esto hace que su proyecto de ingresos sea de $3825. 

Para calcular los ingresos anuales, Sarah sumará esos puestos de trabajo para calcular sus ingresos anuales actuales.

$7,040 + $5,600 + $3,825 = $16,465

Ejemplo de carta de proyección  

Aquí hay un ejemplo de carta de proyección que se puede utilizar para trazar claramente este ingreso para el USCIS para que puedan ver cómo se calculó este ingreso. En la parte inferior de este artículo hay enlaces a versiones en PDF y Docx de este modelo de carta.

Además de crear una carta que proyecte sus ingresos siguiendo la muestra anterior, el patrocinador también puede añadir pruebas de ingresos para todos los trabajos añadidos del año.

Documentación

USCIS quiere ver la prueba de los ingresos anuales reportados. Esto es lo que nuestros abogados asociados recomiendan:

• Los últimos 6 meses de talones de pago (pay stubs). Si el patrocinador ha cambiado de trabajo durante ese tiempo se recomienda añadir todos los talones de pago de ese período de tiempo, incluso si es de un empleador anterior.
• Los últimos 2 talones de pago de cualquier empleador anterior que el patrocinador haya tenido en el año calendario. Esto es para que USCIS pueda ver sus ganancias YTD de esos trabajos y verificar los ingresos anuales. 
• Carta del empleador del patrocinador con el membrete de la empresa. Debe indicar su título, fecha de inicio y salario anual. Si se les paga por hora, se recomienda que informen de la tarifa por hora, el promedio de horas semanales trabajadas y lo que supone el ingreso anual del patrocinador. Muchas empresas tienen procesos automatizados para generar estas cartas. A menudo pueden consultar con su Departamento de Recursos Humanos para que emitan esa carta.
• Si han tenido varios empleos, incluya una declaración de ingresos proyectada siguiendo la plantilla comentada anteriormente.