Wondering if you can travel outside the US using a dual-intent visa while your green card application is pending? Here, we will outline the options, regulations, and potential risks for traveling when you have a dual-intent visa. This article will review traveling and reentering the US on a dual-intent visa, which visa types allow for reentry into the US while a green card application is pending, and applying for Advance Parole while on these visa types.

For information on traveling abroad while on other nonimmigrant visa types, please click here.

Non-Immigrant Visa and Immigrant intent

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To receive approval for a non-immigrant visa (such as B-2, F-1, J-1, etc.), a visa applicant must prove to the consular officers at the US Embassy or Consulate that they only plan to stay in the US temporarily on that visa. In addition, they must show that they do not have any plans to stay in the US and become a permanent resident. They must prove that their reasons for applying for that visa match the defined purpose of that visa, such as visiting for no more than 60 days, studying to complete a degree, or completing a 1-year Au Pair program.

Immigrant visas, such as K-1, CR1, and IR1, allow the applicant to immigrate to the US. With these visas, the applicant does not have to have any plans to depart the US once they arrive. They will need to prove to the consular officers that they intend to move to the US permanently.

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What is a “dual-intent” visa?

Dual-intent visas, such as H-1B, K-1, and L, allow for both immigrant and nonimmigrant intent when entering the US. Someone who enters the US on a dual-intent visa for a temporary stay is less likely to be scrutinized if they also plan to immigrate to the US.

Though they have dual intent, K-1 visas only offer a single entry into the US - once a K-1 visa has been used to enter the US, it cannot be used to travel outside the US and reenter again on the same K-1 visa.

Please note that the O-1 visa is also considered to be a dual-intent visa; however, the travel restrictions for O-1 are a bit different from H-1B, K-1, and L visas. Please continue reading for more information about O-1 travel information.

Can I travel outside the US after I submit my green card application?

Someone on a nonimmigrant visa cannot travel and reenter the US while their green card application is pending without approved travel authorization (Advance Parole). However, in many cases, someone who is on a dual-intent visa can travel and reenter the US on that visa. They do not need Advance Parole to return to the US after a brief trip (less than 6 months).

Please note, however, that someone who does not have a valid, unexpired visa stamp in their passport for their dual-intent visa must apply and be approved for that visa at a US Embassy or Consulate abroad before being authorized to reenter the US. 

Why do I need a Visa Stamp?

Once someone has applied for a dual-intent visa type like H-1B while inside the US through the “change of status” process, they will receive an I-797 Approval Notice from USCIS once their change of status is approved.

The I-797 Approval Notice will show that their H-1B status has been approved and that they are authorized to work for the employer who sponsored that visa. However, if they travel with this document alone, they may find themselves stuck outside the US when Customs and Border Protection (CBP) inspects them at the airport. CBP does not accept I-797 Approval Notices for reentry into the US. For this reason, the dual-intent visa holder must obtain a visa stamp at the US Embassy or Consulate abroad to return to the US on a dual-intent visa.

It is essential to plan if you do not have a dual-intent visa stamp on your passport. If you plan to take a short, week-long trip abroad, you may not have enough time to receive your visa stamp before returning. Remember that many US embassies/consulates have ‘busy’ seasons around holidays, so securing your appointment before travel can help you save time.

For example, if someone in the US applied for a Change of Status from the F-1 visa to H-1B and their Change of Status was approved, they would not have an H-1B visa stamp in their passport. An I-797 Approval Notice from USCIS is insufficient for reentry into the US.

Likewise, if someone has an expired H-1B visa stamp in their passport but extended their H-1B while in the US, they would also need to apply for a new visa stamp to reenter the US on H-1B while their green card application is pending.

Please remember that each entry into the US is at the discretion of the CBP officer who inspects you at the border - there is never a guarantee that you will be allowed entry. However, the risk of being denied entry is low if you have the proper documentation (e.g., your valid, unexpired passport and unexpired H1B visa stamp).

Should I apply for Advance Parole if I have a dual-intent visa?

If someone is on a dual-intent visa, like H-1B, and they submit Form I-131 for Advance Parole with their green card application, they would be able to use that travel authorization once approved. Doing so can be helpful in situations where their H-1B expires or they fall out of status on that visa. There are some things to be aware of for those in the United States dual-intent visas when they apply for Advance Parole:

• If someone travels and re-enters the US on their dual-intent visa while their Form I-131 is still pending, their Form I-131 is likely to be denied for abandonment. 
• If someone plans to maintain their dual-intent visa status, but travels and re-enters the US on their Advance Parole instead of their visa, then the government will cancel their visa, and they will no longer have that status in the US. They will be “paroled” into the US rather than entering on their visa.

I am on an O-1 visa - can I travel while my green card application is pending?

While an O-1 visa is a dual-intent visa, it does not have the same travel benefits as other dual-intent visas like H-1B and L. If someone on an O-1 visa and has a pending green card application travels outside the US, their green card application is very likely to be denied for abandonment. For this reason, traveling outside the US on an O-1 without an approved Advance Parole is not recommended. Also, be aware that, as with other visa types, if someone enters the US on Advance Parole instead of the O-1 visa, USCIS would cancel the visa, and they would no longer have O-1 status in the US. When the government cancels the visa, they would also lose the work authorization that the visa provides. 

Related Articles: 

• Can I travel if I don’t have a dual-intent visa? Click here for more information about traveling while your green card is pending and applying for Advance Parole.
• Can I travel after my green card has been approved? Click here to learn more about traveling on your approved green card.

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En muchas aplicaciones, USCIS requiere que las personas declaren tanto su raza como su etnia. En este artículo, vamos a explorar las definiciones de raza y etnia, cómo las define USCIS, y ejemplos de cómo algunas personas han elegido interpretar y responder a estas preguntas en el pasado. 

¿Cuál es la diferencia entre raza y etnia?

La raza es un concepto que suele referirse a las características fenotípicas (físicas) de una persona y puede ser auto identificada o no. Por otro lado, la etnia tiene en cuenta los componentes culturales en los que creció una persona, y no suele referirse a las características físicas de la misma. Por ejemplo: Dos personas que se identifiquen como hispanas puede que marquen una raza diferente en la pregunta de raza, por ejemplo: una persona marcaría “White” o “Blanca” y la otra persona “Black” o “Negra'' o una mezcla de ambas.

¿Cómo define el USCIS las diferentes opciones?

En las aplicaciones de USCIS se suelen hacer dos preguntas sobre la raza y el origen étnico: 

La primera que pregunta por el origen étnico de una persona: La pregunta simplemente pregunta si usted se considera hispano o latino o no hispano o latino.

La segunda pregunta por la raza de la persona y se puede responder marcando una o varias casillas. Las opciones son: Blanco, asiático, negro o afroamericano, indio americano o nativo de Alaska, nativo de Hawai o de otras islas del Pacífico.

Aquí está la definición de las diferentes opciones de raza directamente de las instrucciones del USCIS:

Categorías y Definiciones de Etnicidad y Raza

1. (Hispanic or Latino) Hispano o Latino. Persona de Cuba, México, Puerto Rico, Sur o Centroamérica, u otra cultura hispana, independientemente de su raza. (NOTA: Esta categoría sólo está incluida dentro de Etnicidad en Parte 7, Numeral 1.)
2. (White) Blanco. Una persona que tiene orígenes en cualquiera de las personas originarias de Europa, el Oriente Medio o África del Norte.
3. (Asian) Asiático: Una persona que tiene orígenes en cualquiera de las personas originarias del Lejano Oriente, del Sudeste de Asia, del subcontinente Indio incluído por ejemplo, Camboya, China, India, Japón, Corea, Malasia, Pakistán, las Islas Filipinas, Tailandia y Vietnam.
4. (Black or African American) Nefro o Afroamericano: Una persona que tiene orígenes en cualquiera de los grupos raciales negros de África.
5. (American Indian or Alaska Native) Indio/Indígena Americano o Nativo de Alaska: Una persona que tiene sus orígenes en las personas originarias de Norte o Sudamérica (incluyendo Centroamérica), y que mantiene afiliación tribal o apego/redes con la comunidad. 
6. (Native Hawaiian or Other Pacific Islander) Nativo de Hawai o de las Islas del Pacífico: Una persona que tiene sus orígenes en las persona originarias de Hawai, Guam, Samoa u otras Islas del Pacífico.

"Cuando elija entre las opciones de raza, por favor asegúrese de leer cuidadosamente la definición de USCIS de cada una de las opciones primero".

¿Cómo debo responder si soy hispano/latina/o/e?

Debido a que USCIS considera a los hispanos o latinos como una etnia, muchas personas que eligen la opción "hispano o latino" tienen respuestas diferentes en la pregunta sobre raza. Debido a la categoría multirracial que es  ser Hispano/Latina/o/e, muchas personas eligen entre las opciones de Blanco, Negro, Indio Americano (si han mantenido la afiliación tribal o el apego a la comunidad como muestran las instrucciones de USCIS) o eligen marcar más de una casilla. 

¿Cómo debo responder si me identifico con más de una raza/me identifico como birracial o multirracial?

La pregunta sobre la raza pide que se marquen *todas las casillas aplicables*, por lo que si usted es una persona multirracial puede optar por marcar todas las casillas que le correspondan. 

Tenga en cuenta que no hay una respuesta incorrecta o correcta para estas preguntas. Sin embargo, entender las definiciones de raza y etnia del USCIS, así como una comprensión más clara de cómo se definen las diversas opciones dentro de esas preguntas, le ayudará a responder a esta pregunta con más confianza y precisión.

With every form submitted to USCIS, supporting documentation must be provided. The following article outlines some tips and tricks to ensure that the supporting documents accompanying your application will be clear and easy to read and will give you ideas for uploading them as efficiently as possible.

Why do I need to upload supporting documents?

USCIS requests supporting documentation for most of its forms. For some forms, this documentation can span 5-10 pages of important identifying documents [such as copies of an applicant’s passport, visa, I-94, and EAD (work authorization), if applicable]. For other forms, the documentation required can be as many as 100-200 pages or more! Whether you are uploading a few pieces of supporting documents or many pages, we want to help you upload documents as quickly as possible and in a way that will allow USCIS to see and read clearly everything you are providing. 

What kinds of file types are accepted by the SimpleCitizen system?

Uploading files saved as a PDF is often best since it preserves the documents' quality, allowing for them to be clear and easy to read. However, if a PDF option is unavailable, the SimpleCitizen system accepts the following file types: JPG, JPEG, PNG, PDF, and TIF.

Many free resources can help you to convert an existing file into a PDF, such as Adobe’s PDF Converter or PDF Converter - Convert files to and from PDFs Free Online. Some email servers also provide resources for creating files and exporting them as PDFs. Please research to ensure that you use a resource that you feel is safe and reliable.

Tips and Tricks for uploading government-issued documents:

Many USCIS forms require you to add multiple government-issued documents to an application as supporting documentation. The following list gives examples of some of these documents: 

• A birth certificate
• Marriage certificate
• Marriage Termination documents (if applicable)
• Passport
• Visa
• I-94 from most recent arrival into the US (if applicable)
• Driver’s license/ Green Card/ Certificate of Naturalization or Citizenship (if applicable)
• Receipt notices from previously filed petitions, such as Form 797C
  

USCIS must receive clear and easy-to-read copies of these identifying documents. To provide a quality scan of these documents, please aim to: 

• Ensure that all edges of the document are visible
• Include a scanned copy that is saved as a PDF when possible
• If taking a picture of the document, please ensure no other visible distractions are in the background. You can do this by photographing the document against a white background.
• Reduce the appearance of shadows and obstructions

If the scan you are uploading does not meet these requirements, consider replacing them with scans of better quality. In some cases, requesting new copies of government-issued documents may be beneficial to provide scans of the best quality possible.

Tips and Tricks for organizing and uploading large amounts of evidence: 

 
In many cases, USCIS asks for robust documentation that can span 100-200+ pages. Such is often the case for Marriage-Based petitions that require relationship evidence or applications that require proof of financial support.

Here are a few tips that may help you upload large amounts of evidence at once:

• Merge Files: Applicants are welcome to upload individual photos and documents to their application if they like. However, doing this may exhaust the limit of individual uploads allowed by the SimpleCitizen system. It may be beneficial to consolidate multiple pages/documents into a single file type, such as a PDF, to prevent this from happening. A “Merge” feature may also be helpful if wishing to combine multiple files into one document. Please research to ensure that you use a resource that you feel is safe and reliable.‍
• Add Multiple files to a Document and Save as a PDF: Once you upload documents to your SimpleCitizen account, there is limited ability to edit and rearrange them. Suppose you prefer more control over the order in which your relationship evidence/financial documents appear in the final application. In that case, you can paste your photos and documents into a Word Document/Google Doc or Powerpoint/Google Slides. Then, save that file as a PDF and upload it as one.
  Pro tip: Powerpoints/Google Slides can be particularly helpful for rearranging pages of photos since Powerpoint/Google Slides pages are much more straightforward to rearrange than Word/Google Doc pages. ‍
• Upload Files as PDFs: Please upload any word-heavy documents (such as letters of support, screenshots of emails, bank statements, etc.) as PDFs, not as JPEGs. Uploading them as JPEGs will decrease the image quality and make it very difficult to read the information. We recommend using a resource that can help you convert your file into a PDF when possible, such as Adobe’s PDF Converter or PDF Converter - Convert files to and from PDFs Free Online. Please research to ensure that you use a resource that you feel is safe and reliable.‍
• Label Files: Another strategy that can be helpful is clearly labeling files before uploading them to the SimpleCitizen.Doing so makes it much easier to make adjustments later in the process, which can come in handy. 

The file I want to upload will not upload to my SimpleCitizen account. What can I do?

Your SimpleCitizen account has a limit on how many individual files can you can add to a single upload category. If you add too many separate files, the system may not allow you to add any more. In these cases, it may be beneficial to consolidate multiple pages/documents into a single file type, such as a PDF. A “Merge” feature may be helpful in this case. Please research to ensure that you use a resource that you feel is safe and reliable.

Additionally, your SimpleCitizen account limits the size of a file to 12MB. If your file is larger than 12 MB, it will not upload to the SimpleCitizen website as is. However, some easy solutions can help you bypass this limit!

• A quick solution to uploading a file over 12 MB is to reduce the file size. To do so, we recommend “compressing” a file. You may use a resource of your own or one like Adobe’s PDF Compressor or Compress PDF: Reduce File Size Online for Free to compress or reduce the “size” of a file without having to remove any of the contents of the file. Please research to ensure that you use a resource that you feel is safe and reliable.
• If you cannot compress a file, it may be necessary to separate it into 2 pieces (or more, if necessary) so that its size is under 12 MB, and you can upload it to your SimpleCitizen account. You may use a resource of your own or one like Adobe’s Split a PDF or Split PDF - Extract pages from your PDF to split a PDF file without removing any of the contents. Please research to ensure that you use a resource that you feel is safe and reliable.

Following these tips and tricks will help you ensure that the supporting documents attached to your application are clear and easy to read when USCIS processes them. If you have any additional questions or experience issues while uploading a document to your SimpleCitizen account, don’t hesitate to Contact Support or reach out to us in our live chat (open Monday - Friday, 9 AM-5 PM MST).

USCIS requires people to file to remove the conditions on their 2-year, conditional green card. If filing jointly with your spouse or parent’s spouse this must only be filed within the 90 days before it cards expiry date. Filing the removal of conditions application before the 90-day window results in the rejection of the application and filing after the 90-day window could result in the denial of the application. This 90 day rule does not apply for certain situations such as those shown on the following chart from USCIS:

Please note that USCIS calculates the submission date based on the day the application  arrives at their office. Applicants should take care that they do not accidentally have their application delivered even one day early. Applicants have been rejected because the mailing service they used got their application to USCIS one day before their 90-day window began.

When necessary, an applicant can file after the 90 day period by providing a good explanation along with the application detailing the circumstances that caused them to file late. However, please note that this does not guarantee that USCIS will accept the late filing, though it can help increase the odds. 

You can calculate your approved filing window using the USCIS filing date calculator here. In order to use this calculator, you will need to know the expiry date of your Conditional Permanent Residence, which should be listed on your 2-year green card. 

Additionally, please feel free to use the following examples to help you better understand how to determine the approved filing window for your Removal of Conditions application.

Example: If Sarah’s 2-year conditional green card expires on July 4th, 2023 (07/04/2023) the soonest she would be able to file her I-751 application with USCIS sometime between April 5th 2023 (04/05/2023) and July 4th, 2023. 

Introduction: 

Immigration terms can be hard to wrap your head around – especially when you are just starting your immigration journey. To assist you with this, we have compiled some of the most commonly used USCIS terms and their definitions. For a more extensive list of Immigration terms and their definitions, please refer to the USCIS Glossary. 

Terms:

A

A-Number/Alien Registration Number/Alien Number (A-Number or A#)

An A-number is an unique seven-, eight- or nine-digit number assigned to a noncitizen by the Department of Homeland Security, used for identification purposes. Also see USCIS Number.

Most people aren’t granted an A-number until they file for a green card, so if you don’t have one yet, don’t worry. However, one exception to this is that students on F-1 visas who are granted work authorization are likely to be assigned an A-number on their EAD card, when issued. 

Once you apply for a green card, your A#-number should be listed on all of the documents sent to you by USCIS, including the I-797 notices. 

Pro Tip: USCIS will sometimes assign out multiple A#s to an applicant during the immigration process. Be sure to record all A-numbers in a safe place. 

Adjustment of Status

Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. (Please note that this is different from a Change of Status). 

Typically, one would need to submit Form I-485 in order to file to adjust their status. 

For more information on Adjustment of Status, please see the following resources:

1. What is Adjustment of Status 
2. Form I-485 Step-by-Step Instructions
3. Maintaining H-1B Visa vs Using Adjustment of Status Work and Travel Permit
4. What Evidence Must you Provide with Form I-485?

Affidavit

An affidavit is a document in which a person gives facts, and swears that the facts are true and accurate.

For an example of a type of affidavit, see the following article. 

Arrival-Departure Record (Form I-94/I-94A)

The Arrival and Departure Record is the I-94, in either paper or electronic format, issued by a Customs and Border Protection (CBP) officer to foreign visitors entering the United States. As of April 30, 2013, most Arrival and/or Departure records are created electronically upon arrival.

For more information, see the following USCIS webpage.

To look up your more recent Form I-94 and/or Travel Record, see the following webpage. 

B

Beneficiary

A Beneficiary is an individual who is sponsored by a relative or a business, or has self-petitioned for an immigration benefit. They can also be referred to as the applicant or the intending immigrant. 

For example, if a US citizen spouse is hoping to sponsor their spouse for a green card, the spouse needing a green card would be the beneficiary. 

C

CBP

An abbreviation for U.S. Customs and Border Protection, an agency of the Department of Homeland Security that is responsible for securing the homeland by preventing the illegal entry of people and goods while facilitating legitimate travel and trade.

Certificate of Citizenship

This is an identity document proving U.S. citizenship. Certificates of Citizenship are issued to derivative citizens and those who acquired U.S. citizenship..

Certificate of Naturalization

A certificate given at the oath ceremony. It serves as evidence of your citizenship. 

Civil Surgeon

A Civil Surgeon is a medically trained and licensed physician having no less than 4 years’ experience who is designated by USCIS to perform immigration medical exams in a state where the physician is licensed and practicing medicine. 

Civil surgeons practice within the United States. If you are completing your medical exam outside of the United State, you would go through what is called a Panel Physician. Information about Panel Physicians and which ones can be used is provided by the Consulate/Embassy processing the application. 

IMPORTANT: Medical examinations will not be recognized if they are given by a doctor in the U.S. who is not a civil surgeon. Please make sure that your appointment is with a civil surgeon, or your results and documents will be invalid.

For more information on the medical exam within the United States, see the following article. 

Find a Civil Surgeon near you here. 

Conditional resident

Any alien granted permanent resident status on a conditional basis (for example, a spouse of a U.S. citizen or an immigrant investor) who must petition to remove the conditions of their status before the second anniversary of the approval date of their conditional status.

See the following articles to learn more about Removing Conditions from a Conditional Permanent Resident card. 

• 5 Tips for Removing Conditions After a Divorce
• What happens after submitting your I-751 – Petition to Remove Conditions?
• Form I-751 & How to Prove Your Marriage is Legitimate

D

Duration of Status (D/S)

Duration of Status (D/S) is a notation on certain nonimmigrant Forms I-94 indicating that a person, such as an F-1 nonimmigrant student, is authorized to remain in the United States as long as they maintain a valid status. In other words, for the duration of their status. 

E

Employment Authorization Document (Form I-766/EAD)

A general term used to describe a card USCIS issues on Form I-766, Employment Authorization Card, to aliens who are authorized to work in the United States. The card contains a photograph of the individual and sometimes his or her fingerprint. An alien who has an EAD usually has open-market employment authorization, but there are exceptions.

To learn more about EAD’s, see the following articles: 

• Form I-765 EAD Step by Step Guide
• What is an EAD or OPT?
• Submitting an Expedite Request for the Employment Authorization Document (EAD)

F

F-1 Nonimmigrant Student

A person who has been admitted to the United States as a full-time academic student at an accredited college, university, seminary, conservatory, academic high school, elementary school or other academic institution, or in a language training program. The student must be enrolled in a program or course of study that culminates in a degree, diploma or certificate, and the school must be authorized by the U.S. government to accept international students.

To learn more about F1 Visas, see the following Articles: 

• F1 Student Visa
• How Do I Apply For an F1 Visa?
• Can I change my F1 status to another non-immigrant status?
• What documents do I need in order to apply for an F1 visa?
• How long can I stay in the U.S. on an F1 visa?
• Can I work while in the United States on an F1 Visa? 
• What are my employment options as an F1 Visa holder?
• Can I travel abroad while I am in the United States on F1 status?

Field office

Field offices are offices within a USCIS district that provide services and enforcement functions for a particular portion of the district.

Please note that applicants are assigned a specific field office depending on their physical address. USCIS does not allow for people to request specific field offices.  

Use this link to find the field office nearest to you. 

G

Green Card

A green card is also known as a Permanent Resident Card, Form I-551, or alien registration card. USCIS issues Green Cards to aliens as evidence of their lawful permanent resident status in the United States. For Form I-9, it is acceptable as proof of identity and employment authorization. Although some Green Cards do not have an expiration date, most are valid for 10 years. Cards issued to individuals with conditional permanent resident status are valid for two years.

To find out if you are eligible to apply for a Green Card, you can use our Eligibility Quiz Here. 

I

Immediate Relative

USCIS offers specific protections or exemptions for the immediate relatives of US Citizens. Immediate relatives refer to the nature of the relationship between the petitioner and the beneficiary and includes the following relationship types:

• The spouses of U.S. citizens,
• The children (unmarried and under 21 years of age) of U.S. citizens,
• The parents of U.S. citizens at least 21 years old, and
• Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before his or her death or if the widow(er) files a petition within 2 years of the citizen’s death.

Any other relationship type would not be considered to be an immediate relation. Examples of these other relationships include, but are not limited to, the following examples: 

1. The aunts or uncles of U.S. Citizens 
2. The Cousins of U.S. Citizens
3. The siblings of U.S. Citizens 

L

Last name

Family name or surname.

Lawful Permanent Resident (LPR)

Any person not a citizen of the United States who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”

M

Maiden name

A woman’s last name or family name at birth, before she married.

Mailing Address

The address where you would like to receive written correspondence from USCIS.

N

Naturalization

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen.

To learn more about Naturalization and the N-400, see the following articles: 

• How to Become a United States Citizen
• Applying for U.S. Citizenship: 10 Most Common Questions
• What Happens After Submitting Your Form N-400?
• 4 Common Reasons Citizenship Applications are Denied
• How to Apply for Citizenship while Serving in the United States Military
• What is “Good Moral Character?”

To find out if you are eligible to apply for Citizenship, use our Eligibility Quiz here.

P

Permanent resident

See Lawful Permanent Resident.

Permanent Resident Card (Form I-551)

Also known as a Green Card or alien registration card, this card is issued by USCIS to aliens as evidence of their lawful permanent resident status in the United States. For Form I-9, it is acceptable as proof of identity and employment authorization. Although some Permanent Resident Cards contain no expiration date, most are valid for 10 years. Cards held by individuals with conditional permanent resident status are valid for two years.

Petitioner

A petitioner is a person who files an immigration petition or application on behalf of the beneficiary/intending immigrant.

For example, if a US citizen spouse is trying to get their spouse a green card, the US citizen spouse would be the petitioner and their spouse would be the beneficiary. 

Processing Times

Processing times are an estimate of how long it will take to process your case from start to finish. Each case is different, so some cases may take longer than others to process. These processing times tend to be form- and location-specific. You can find our average processing times on the USCIS website. If you use your receipt number to check your case status, please remember that USCIS will only research your case if it is beyond their current processing times.

To look up the current processing times for your assigned field office, go to the following webpage. 

R

Re-entry Permit

Permanent or conditional residents should apply for a re-entry permit if they will be outside the United States for one year or more. A valid re-entry permit allows you to apply for admission to the U.S. without having to get a returning resident visa from a U.S. Embassy or Consulate.

Receipt Number

The receipt number is a unique 13-character identifier that USCIS provides for each application or petition it receives. The agency uses it to identify and track its cases.

The receipt number consists of three letters-for example, EAC, WAC, LIN, SRC, NBC, MSC or IOE-and 10 numbers. You can find it on I-797 notices of action (also known as receipt notices) USCIS has sent you via the mail or digitally to your USCIS account.

Request for Evidence (RFE)

USCIS may send you a request for additional evidence if:

• You did not submit all the required evidence;
• The evidence you submitted is no longer valid; or
• The officer needs more information to determine your eligibility.

This request is placed by sending the applicant or petitioner a letter detailing what is being requested and when it needs to be submitted by. 

S

Service centers

Service centers only adjudicate applications that individuals have mailed, filed electronically, or filed with a USCIS Lockbox. Service centers do not provide in-person services, conduct interviews, or receive walk-in applications or questions. USCIS has five service centers: California, Nebraska, Potomac, Texas, and Vermont.

Sponsor

In the immigration field, the term “sponsor” often means to bring to the United States or “petition for.” 

Another meaning of the term “sponsor” is a person who completes Form I-864, Affidavit of Support Under Section 213A of the Act. However, this type of sponsorship is not the first step in any immigration process. 

U

U.S. Citizenship and Immigration Services (USCIS)

USCIS is a federal agency in the Department of Homeland Security that oversees lawful immigration to the United States. Its functions include:

• Granting employment authorization to eligible aliens;
• Issuing documentation of alien employment authorization;
• Maintaining Forms I-9; and
• Administering the E-Verify employment eligibility verification program.

USCIS Number

A USCIS Number is a unique, 9-digit number assigned to a noncitizen by the Department of Homeland Security that is listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010. See also Alien Number.

USCIS Online Account Number

Your USCIS Online Account Number (OAN) is a unique identification number issued by the USCIS online filing system account. You should have one account number for all cases submitted.

Welcome to our guide on SimpleCitizen timelines! In this article, we’ll discuss the steps involved in using SimpleCitizen’s online immigration services and provide an overview of the timeline for each step in the process after signing up. 

Step 1: Fill out the questionnaire 

To get started with SimpleCitizen, you begin by filling out a questionnaire and uploading your documents to your account. Filling out the questionnaire takes about 2-4 hours to complete. The time it takes to complete this step will depend on how quickly you can gather and upload all the necessary information and documents. Filling out the questionnaire and gathering all of the required documents together to upload them can take a few days to a few weeks.

• Call Out Box: Pro Tip: Collecting all of your documents before sitting down to start filling out the questionnaire can help make this step go faster. Please check out the following article to see some of the general documents that are usually required.  

If you need to have any of your documents translated, please allow 1-2 business days after uploading them. We offer translation of USCIS-required documents, such as Birth Certificates, Marriage Certificates, Final Divorce Decree, and Military Records. You can read more about the translation of documents here. Any other documents in foreign languages not explicitly asked for by USCIS are not translated as part of the SimpleCitizen purchase, but you must provide a translation if you would like to include those documents.

Step 2: Attorney Review 

Once you have submitted your application for review, our independent partner immigration attorneys will review your application.  The attorney review process will take approximately 5-10 business days. Once the review has been completed, you'll be assigned a SimpleCitizen case support team who will contact you with the attorney's feedback.

Step 3: Implement updates

Once your SimpleCitizen case support team sends you the attorney’s feedback, you should carefully implement the suggestions. The SimpleCitizen case support team will work with you to ensure that any feedback from the attorney is implemented correctly. This process can take a few days to a few weeks, depending on the extent of the feedback and how quickly you can make the necessary updates.

Step 4: Review the Final PDF

Once your case support team has confirmed that you have implemented all of the attorney’s recommendations correctly, we will send you a PDF draft of your application for you to review. During this review process, you will need to check that all of your personal information and translations are accurate. If you notice any errors or need to make any updates, you should check your questionnaire to ensure that the information was entered correctly. If it was entered correctly in the questionnaire but is showing up wrong on the application, please inform your case support team. It is normal for there to be a few rounds of revisions before the application is ready to be printed. This step in the process usually takes 1-2 business days, depending on how quickly you are able to review the application and provide feedback.

Step 5: Print and Ship the Application

After you've made all necessary updates and approved a final pdf of your application, it will take 1-2 business days to print and 3-5 business days  for the shipping provider to ship the application to your home. You'll need to sign the forms, attach the required application fee payments and passport-sized photos, and mail the application to the USCIS.

**Please note that SimpleCitizen is not responsible for any shipment delays or issues caused by the shipping provider

Our Process

We hope this guide helps give you a better understanding of the timeline for using SimpleCitizen’s immigration services. It's important to note that this timeline is specific to SimpleCitizen and may not apply to other immigration assistance services. If you have an urgent timeline and are unsure if we can help you, please reach out to our live chat. We’re happy to work with you in whatever way we can. 

Additionally, the overall timeline for the immigration process can vary significantly depending on the specific circumstances of each case and the type of immigration application being submitted.  You can look up USCIS processing times here. The U.S. immigration process can be complex, so it's always a good idea to carefully review the requirements and timelines for your specific situation and to be prepared for potential delays. Let us know if you have any questions, we're here to help!

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

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

What tax documents does USCIS require?

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

Married Filing Jointly

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

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

Single, Married Filing Separately, or Head of Household

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

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

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

Tax Document FAQs:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

What if I am on a tax payment plan? 

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

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

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

Examples of the tax documents

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

Tax Return Transcript:

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

Federal Tax Returns:

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

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

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

What is a Letter of Intent to Marry?

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

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

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

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

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

What does a Letter of Intent to Marry look like? 

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

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

‍

Templates & Examples 

Template - Petitioner

Example- Petitioner 

Template- Beneficiary 

Example- Beneficiary 

FAQs

Who needs to write a Letter of Intent to Marry?

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

Is evidence required? What can I use as evidence?

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

Evidence can include: 

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

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

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

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

Need help applying for a K-1 visa?

Applying for a K-I Visa can be stressful, but we are here to help. With packages including online support and reviews with our independent licensed partner immigration attorneys , all with a 100% money back guarantee, we have you covered. Click here to learn about our K-I visa packages.

We’re happy you’re here! 

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

What is the difference between race and ethnicity?

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

How does USCIS define the different options?

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

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

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

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

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

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

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

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

Conclusion:

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

What is the purpose of an employment verification letter?

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

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

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

Who needs an employment verification letter?

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

Creating an employment verification letter:

Who should issue an employment verification letter?

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

What type of paper should the letter be on?

The letter should be on official company letterhead. 

What information should be included?

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

Example of an employment verification letter:

Employment verification letter template: 

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

FAQs: 

What if I am self-employed?

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

What if I have more than one job?

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

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

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

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

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

What if I am paid hourly? 

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

How to calculate annual income:

Conversion Letter Outline: 

“Date

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

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

Name

Signature”

Conversion Letter Sample: