I do the work. YOU get the gal (or guy)! Click to CALL or EMAIL the VisaCoach
Fred Wahl (the VisaCoach) is an Immigration Consultant, not an attorney
|
||||
|
Adjustment of Status Support: This is what I offer, that No one else does. Personal attention to work together to make your dreams of a life together in the USA come true
|
||||
Review VisaCoachs general breakdown of How to Apply to a Green Card and the specific actions needed to Remove Conditions on Residency to ensure total understanding of what VisaCoach does for you.
|
||||
|
Adjustment of Status 101: for Permanent Residency in USA
|
||||
Check out VisaCoach provided information on the process of Applying for Adjustment of Status as well as important information on Concurrent Filing for a Foreign Spouse.
When applying for Fiancee or Spouse Visas, or Adjustment of Status to Permanent Residency US Immigration requires that the sponsor demonstrate his financial eligibility. For most sponsors the financial proofs required are proof of employment, year to date earnings statements such as pay stubs and the sponsors most RECENT Federal Tax return.
Proof used for Fiancee Visa evidence typically starts with a few well chosen photographs that show a happy and bona fide couple. Below is my video that explains how to choose the “right” photos, and avoid the “wrong” photos to submit with your Fiancee Visa or Spouse Visa Petition. For forms I-129F and I-130
In preparing a fiance or spousal visa petition for USCIS it’s important to include some photos that proves that you and your life partner have met each other.
In addition you have the opportunity here to tell the story about your relationship and to to give the impression how sincere your relationship is. So it is important to choose the right photos and that’s what this presentation is all about. Continue reading “Evidence Photos”
A foreigner who is already in the U.S. is welcome to marry a U.S. citizen or other person while here. Marriage procedures are set by the state and local governments, and not involved with immigration which is a Federal issue.
For example two Canadians fly to Las Vegas, get married, return to Canada. Immigration is not involved. And the marriage is valid worldwide.
I personally did about the same thing. I was living in Hong Kong and engaged to Joyce. I had been an expat (American living outside the USA) for about 15 years by then. My friends and family were scattered all over the world. We decided to get married in Las Vegas, cause flights, food, and rooms in Las Vegas were bargain priced especially 20 years ago, and it would be easy for my family and friends to meet us there for our celebration. Joyce already had a B-2 visitor visa, so we just flew in from Hong Kong, met our friends and family, got licenced, married, met Elvis, had a short honeymoon then returned to Hong Kong. Immigration was not involved at that time. About 7 years later, when our first child was ready for kindergarten, we then finally applied for a spouse visa for Joyce. She was interviewed and got her visa in Hong Kong, then we all moved back to the USA.
Flying in, getting married, flying out. Is not a problem. Immigration is not involved.
What is more complicated, but possible, is the case when the foreign born spouse wants to remain in the USA without leaving. Who wants to remain permanently in the USA and obtain a green card.
We already know about the fiance visa. The k1 visa anticipates that the foreign born fiance, will marry during her 90 day temporary visit, and then apply for green card and permanent residence without leaving the USA. That is its normal and expected process.
But foreigners who arrive on visa waiver programs, or on work, study or visitor visas are expected to leave after a set period of time. Usually the maximum allowed time of stay is stamped onto their passports when they land.
What can be done in these cases? Must they return overseas and apply for a spouse visa?
In some cases, without leaving it is possible to obtain a green card. In some other cases it’s not so likely, and probable that the new spouse will be required to leave and must obtain a spouse visa before returning.
Two issues apply. 1. Intent to remain 2. Restrictions on the visa
Intent to remain
For example a Japanese tourist travels to USA for holiday, is walking on the beach meets a handsome American LifeGuard, ( falls in love, and after a few weeks marries.)
There wasn’t any advance contact between the couple, the traveler was not planning or intending to use her tourist visa to remain the USA. Immigration will probably believe that this case is legitimate, that there was no actual intent to misuse the visa. They will probably grant the foreign born spouse, permission to remain permanently in the USA and there won’t be any need to leave the USA first and apply from overseas for a spouse visa.,
The outcome may not be so happy for a couple who was corresponding for a year, the foreign girlfriend arrived on a tourist visa, and married after a week. Immigration may be unlikely to accept that this all occurred spontaneously without pre-planning and without prior intent for the foreigner to remain past the expiry date of her visa. The application for Green Card would probably be denied and the foreign spouse required to return overseas.
Specific Restrictions
Some visas, regardless of intent, won’t permit the foreigner to remain to obtain the green card, such as some J student visas that require the student, to return to home country for 2 years, without fail.
Conclusion: Marriage in the USA is not a concern by immigration. Foreign travelers who marry an American while traveling on a temporary visa, providing they had no prior intent to remain in the USA, and whose visas don’t have restrictions, may be able to successfully apply for permanent residency without need to leave the USA at the end of the original allotted time on their temporary visas.
By Fred Wahl
the VisaCoach
The hardest part for any couple who is embarking on applying for a fiance or spouse visa to understand, is that at the end of the day the decision made by the consular officer reviewing the case, by the interviewer who has the absolute power to approve or deny, is that he or she is making a SUBJECTIVE decision bases on the APPEARANCES of your situation. Does the officer FEEL that in his or her OPINION, you APPEAR to be a bona fide couple?. Does he or she feel you appear to have followed a similar path that other couples in your partner’s country have traveled before?. Does your courtship APPEAR to follow normal and reasonable practices, timing, and so on?
Sad but true, What is expected by the officer, may not match what YOU want to do. Continue reading “How to Prove Bona fide Relationship”
Timothy, a client whom I had helped get his wife’s fiance visa, and also prepared her Adjustment of Status petition, called to advise that his wife had returned to the Philippines and to ask “how that would affect her Green card application?”
There had been a family emergency, her 12 year old daughter had narrowly escaped a kidnap attempt. Mom was on the plane the following day. Unfortunately, in all the excitement, they acted first, and only called me for advice a week after her departure.
Leaving the USA while the Green Card is pending, without permission from USCIS, called “Advance Parole”, may result in her application for permanent residency being considered “abandoned” and automatically denied.
For Mom to return to the USA, might require, the couple to repeat the whole immigration process again, this time applying for a spouse visa (as they are now married).
In order to successfully petition for your spouse to obtain a Green Card after marriage, you, the US sponsor must demonstrate to Immigration you have enough income coming in, to support your spouse, and household.
The financial requirement is that your income equal must be over 125% of the poverty income level where you live.
Each year the Department of Health and Human Services publishes their Poverty Guidelines.
As of March 2026, for residents in the continental US the Financial Eligibility requirements for Permanent residency are as follows.
Continue reading “Adjustment of Status Financial Eligibility”
A traveler on a Fiance Visa, enters the USA then has 90 days to marry her or his American Citizen sponsor.
The visa was only good for 90 days, And regardless of whether married or not, your new spouse is officially required to leave the USA once the visa expires.
UNLESS ??
Unless your new spouse, with your sponsorship applies to “Adjust Status” from being a temporary visitor, to a permanent resident.
The fees to accomplish this are as follows:
2026 Income Requirements for Marriage Based Immigration
Usually about 12-18 months in after applying for a fiance or spouse visa, or at the get-go when applying for green card and permanent residency, you will have to provide clear evidence of your income to convincingly demonstrate your future family will not need welfare or other public benefits. It is best to understand what the exact dollar requirements are early, before moving forward, so that you can make sure you have all that is needed, or if you are lacking so that you have time to find a financial co-sponsor.
In order to successfully petition for your spouse or
fiancee to come to the USA, or obtain a Green Card after marriage,
in the USA, you the US sponsor must demonstrate to US Immigration that you have
enough income coming in, to support your new spouse, and whole household.
The minimum financial requirement is that you must have income
equal to and preferably more than 100% of the poverty
income level where you live to be eligible to sponsor a
Fiancee Visa, and over 125% of the poverty level to be
eligible for Spousal Visa or Adjustment of Status.
And often, even when applying for a fiance visa the consular officer might
apply the higher 125% range, at his/her discretion. So its best whenever
possible to aim to exceed the higher standard.
Each year the Department of Health and Human Services
publishes their Poverty Guidelines.
As of March 2026, for residents in the
continental US the Financial Eligibility requirements
are as follows.
Required Annual Income (For Fiancee Visa)
$21,640, if 2 Persons in Family or Household
$27,320, if 3 Persons in Family or Household
$33,000, if 4 Persons in Family or Household
For each Additional person add $5,680
Required Annual Income (For Spousal Visa or Green Card)
$27,050, if 2 Persons in Family or Household
$34,150, if 3 Persons in Family or Household
$41,250, if 4 Persons in Family or Household
For each Additional person add $7,100
The Financial eligibility thresholds are lower for
active military, and higher for residents of
Alaska or Hawaii.
Proving your Income.
Normally you provide your most recent Federal Tax Return,
3 pay stubs showing ‘Year to date’ earnings,
plus a letter from your employer confirming your
job, and what your expected annual pay is.
If your income might be low, but you have
‘money in the bank’ your cash assets, can be used as
a alternative for annual income.
‘Cash’ assets are assets which can be easily converted
(sold) to cash. For example: stocks, bonds, certificates of
deposit, cash in the bank
You may have a lot of other assets such as your car, boat, coin
collection, business or investment property but because these
can NOT be easily turned to cash immigration will not accept
them as alternatives to annual income.
The one exception to an asset that is hard to convert, but
CAN be counted is your home. If the market value of
your home is higher than your mortgage you may use
the equity just like a cash asset.
$5 cash assets is the equivalent of $1 annual income
For example, a retired Fiancee Visa sponsor living in California,
with NO income, and no dependents would need to have
5 times $21,640 or $108,200 in cash assets to quality for the Fiancee Visa.
Alternatively a combination of income and assets can work.
For example, if the sponsors income is $10,000 per year,
then his annual income is short by $11,640 so he should have 5 times
that amount or $58,200 cash or convertible assets
to qualify.
This is calculated by subtracting $10,000 from the annual
requirement of $21,640. And then the difference of $11,640
times Five equals $ 58,200 of cash assets needed.
What if you don’t have enough income OR assets?
In that case you could ask a relative or friend to act as a co or joint-sponsor.
Just like buying a car, your joint-sponsor could ‘co-sign’ your loan.
When a joint-sponsor is used the size of the household increases.
The combined household (for the financial calculations) would include
the household size of the sponsor combined with the household
size of the co-sponsor.
For example, a college student petitioning for his fiancee,
asks his father to joint-sponsor.
Both the college student and the father would each complete an
affidavit of support. The student’s household is just 2 persons,
himself and his fiancee. The father’s household would be father, mother, and the two siblings
still living at home.
Thus the combined household would be 6 persons,
and the combined income of both sponsor and joint-sponsor
would have to be $44,360 or more.
A joint-sponsor can be used for any Spousal Visa or
Adjustment of Status petition, and can be used for MOST
Fiancee Visa petitions.
However, not all consulates allow the use of a joint-sponsor for a Fiancee Visa.
For example: Philippines, Indonesia, Vietnam and Nigeria do not.
If you are applying for a Fiancee visa and need a joint-sponsor,
before filing the petition, best is to contact the consulate directly and
confirm whether the consulate’s policies permit the use of a
financial joint-sponsor or not. If they won’t allow a co-sponsor then
switch plans, marry then apply for a spouse visa, and your co-sponsor
can be used when needed.
This was Fred Wahl, The VisaCoach
The pandemic has not only affected you personally, but has also affected
larger institutions, even government agencies like United States Customs and Immigration Service, USCIS.
Because of economic and quarantine restrictions, Applicants for green cards, and fiancé and spouse visas have, like the rest of us, put their lives on hold. This includes delaying submitting applications to USCIS for immigration benefits.
USCIS currently is only receiving about 40% of its normal caseload of new applications.
This is good news and bad news.
It is good news for you if you have applied already because your case is being processed faster because there are less cases to compete with for the attention of the USCIS officers.
But it is bad news for USCIS
Since USCIS pays for its operations with application fees, after four months of the pandemic, after four months of reduced “sale”, USCIS is OUT of money.
13,400 employees, about 70% of it’s entire workforce have received furlough notices. By the first week in August there may only remain at USCIS a skeleton crew to handle your immigration case.
In The Visacoach newsletter, I reported months ago that USCIS was processing cases very quickly.
This was due to their office’s receiving far fewer applications than normal. While other businesses closed during the pandemic,
USCIS did not. Yes, they were not allowing in-person meetings or interviews with the public, but their back offices continued to
work uninterrupted. Basically they had plenty of staff but with less work to do. That’s why recent cases enjoyed faster processing.
And if you had all of your evidence ready for your case that was good news for you, and a great opportunity to submit your application and enjoy speedier processing.
But the party is over
USCIS is broke, they are running out of money.
USCIS operates as a self supporting fee based agency. This means they do not receive tax payer dollars to support their operations. Instead they support themselves entirely by the fees you pay when you file your application.
Their current application fee revenue is only 40% of its normal level. At the same time, their staffing is at 100%. Having “done the math”, USCIS expects to run out of money by August.
They have asked Congress to bail them out. They want to raise fees, charge surcharges on top of the new raised fees, and want 1.2 billion dollars in loans..
USCIS has asked Congress to approve higher across the board fees (including a huge $445 increase to apply for US Citizenship, also $545 for work authorization and $585 for travel authorization).
USCIS has ALSO asked to add a temporary 10% surcharge on top of any application fees charged.
And finally USCIS has asked Congress for a $1.2 BILLION dollar loan to tide them over. The temporary 10% surcharge would probably be applied until the money is paid back.
In the mean time, USCIS has sent notices to 13,400 employees notifying them to expect to be furloughed in August. If the loan falls through the employees stay home.
And green card and work and travel authorization applicants have already suffered.
USCIS previously contracted out the printing of green cards and work and travel authorization cards. The contract with the outside printing company ended in June. USCIS chose to not renew the contract as they hoped to save money by doing the printing themselves inhouse.
But, due to lack of funding, they have not hired new any staff who knows how to run the printing presses. So until their budget problems are fixed, no more green cards, no more work authorization cards.
So far 50,000 approved green cards, and 75,000 approved work and travel authorization cards Have not been printed, not issued to the applicants.
This is a real problem because a lot of new immigrants Need to work to support themselves and family, and they may not even look for work until they have these cards in their hands.
The fate of your application, and many thousands more like yours, and the fate of USCIS all lies in what Congress does.
If Congress DOES grant the loan, and does so soon, USCIS can keep its employees working, and can find a way to start printing green cards.
And if that happens, and they are still getting less new cases, then for your case, if you can submit it soon,
You can expect to enjoy faster processing, at least until the pandemic is under control, and new applications return to prior levels.
If Congress does NOT grant the loan, then expect all cases to slow to a miserable crawl.
In either case, you will pay higher fees.
No matter what happens, submitting as soon as possible, is still your best course. Depending on how soon you submit, you will most likely avoid the fee increases. And any progress you make before any reductions in staffing (if they occur) will put your case that much further along the processing path.
As always with US immigration it is “first come, first serve”.
This was Fred Wahl, The VisaCoach
You don’t realize how important it is to have a social security number until
you don’t have one. The SSN is required to open up bank accounts, get medical insurance, get a drivers license,
work, and even to be able to be charged lower income tax on a filing as married tax return.
It’s important, it’s necessary, but has been nearly impossible to get during the Pandemic.
Social Security requires an in-person meeting, to apply for the number. And as
Social Security closed offices to the public back in March, this puts your new
immigrant fiance or spouse in between a rock and a hard place.
Fortunately, I recently went through this process with a client of mine, and in this
video will teach you what I found out, so you can get an SSN for your fiance or spouse.
Now, lets talk about “How to get that elusive Social Security number while Social Security offices
are on Covid 19 lock down.”
Normally to obtain a Social Security number (SSN), after immigrating to the USA on a spouse,
relative, or fiancée visa, one goes in person to the nearest Social Security Administration
(SSA) office presents identification and receives the SSN a month later.
Unfortunately during the COVID-19 pandemic most Social Security offices are closed and not
allowing in-person visits. This has caused a lot of frustration and delays for new immigrants
who need a social security number in order to open up bank accounts, get insurance, and apply for work.
Fortunately, you can still get the SSN. Here’s how.
The procedure is not publicly described at their websites, so to find out exactly what to do and how,
you MUST make a few phone calls to SSA to find out how and what to do in your area.
That’s exactly what I did recently and now I will share my experience with you.
K1 Fiance Visa
A recently arrived K-1 fiancée visa traveler, is eligible to obtain a Social Security number
by applying between day 15 and day 60 after arrival. Even though publicly and officially SSA
is closed to the public and not conducting in-person interviews, in practice they are conducting
some interviews and currently WILL do so for your Fiance Visa partner.
The way to do this is as follows:
Step 1: Google search for the telephone number of your local Social Security office, Call them. Identify yourself
that you need a first time, Social Security number for a recently arrived K-1 fiancée visa holder.
The key words to emphasise are “FIRST TIME”. The first operator you call probably can’t help, but should redirect you to
another number, at another office. You may need to make a series of phone calls. Rinse and repeat until you
finally reach the single, there is always one, actual office in your area that is handling First Time cases.
Step 2: Over the phone, provide detailed information about your fiancé including his/her local contact information and telephone numbers.
Step 3: Eventually, few days, or weeks, you will be called back and your Fiance provided a date to come in for
an in-person interview. The caller ID will says “US Government”‘. But it is not a spam call. It is Social Security.
I almost blocked the call cause I get many spam calls claiming to be something they are not. But this is legit.
An appointment date will be set, usually for a few days later. Your fiancé should bring passport, a filled in SSN application
(https://www.ssa.gov/forms/ss-5.pdf) and I-94. The I-94 is available online. https://i94.cbp.dhs.gov/,
It’s also a good idea to bring original and a photocopy or a certified copy and photocopy of your Fiance’s birth Certificate.
Eventually the Social Security number will be issued.
If you are already married, and if your new spouse has changed last name to yours, also bring the marriage certificate and a photocopy.
Social Security may or may not issue the SSN in the married name. Either way is OK, but is worthwhile to ask as it would save
you another trip later.. If they prefer to issue in the maiden name, and they regularly do insist on this because they
often only will issue the SSN to the name shown on the passport and I-94.
It is not a problem. Later once you get green card or work authorization return to Social Security, hopefully by then the pandemic is past,
and update to the new married name.
Regular Immigration (Spouse or Relative)
In the case of regular immigration, such as your spouse arriving on a CR1 or IR1 visa or a family member,
or diversity lottery winner, the process is similar.
Step 1: Google search for a local Social Security office’s telephone number Call and identify yourself that you
need a first time, Social Security number for a new immigrant. Emphasize “FIRST TIME”. The first person you call
probably can’t help, but should redirect you to another number, at another office. Rinse and repeat till you are
talking to the office in your area assigned to handle such cases.
Step 2: They will give you their mailing address and instruct your immigrant to mail them, passport and the filled in
social security number application form.
Step 3: Send to the Social Security Office,the immigrant’s passport, it show have his/her arrival visa,
and the social security number application form. https://www.ssa.gov/forms/ss-5.pdf
Use certified mail with tracking. You don’t want to take any chance that your passport gets lost.
Step 4: Eventually the Social Security office will call, and schedule a time to go to the
designated office, meet with the clerk and be approved for the SSN. There the clerk checks your passport id page
matches the applicant. Passport is returned at that time. And social security number is issued by mail a few weeks later.
This was Fred Wahl, The VisaCoach
President Trump promised a “Wall” to reduce immigration. While only partial progress on a concrete and steel wall was accomplished, great strides were made in limiting legal immigration via a paper wall of stringent policies that greatly increased the complexity and difficulty of passing through the immigration process.
President-Elect Biden has yet to take office, however I do expect that within the first hundred days of his taking office, deliberate executive action will be taken in an attempt to unravel the “Trump effect” on immigration.
This is GOOD news for Applicants.
Today I am going to forecast how I expect the Biden Administration’s occupancy of the White House to affect your application.
President Trump vowed to reduce immigration. And he was successful. Over 450 executive and administrative adjustments, both major and subtle, were made to toughen immigration rules and procedures. He instituted extreme vetting, where all applicants are more highly scrutinized than ever before, Banned entire countries from being allowed visas to the USA, added tighter Public Benefits eligibility requirements which created a virtual “wealth test”, and instituted a pervasive organization wide culture change in the way that USCIS views and treats immigrants.
United States Citizenship and Immigration service (USCIS), once viewed immigrants as its clients, to be served. It’s officers traditionally believed they were following a pro-immigrant, humanitarian mission. The mission was to help refugees escape persecution, American Companies bring in needed talent, and reunify families with their loved ones.
Many officers initially joined USCIS in order to pursue that noble mission. In the recent four years many of these same officers, disillusioned, have resigned, as under Trump, the priorities changed from helping eligible immigrants come to the USA, to finding ways to keep them out.
In 2018, under the Director selected by Trump, USCIS’s official mission statement was drastically altered. Removed were references to a “nation of immigrants” and to immigrants as “customers” whom the agency serves. Now the mission statement basically reads “enforce immigration laws”. Immigrants are no longer customers, now they are suspects. USCIS’s Budget for fraud prevention and detection doubled between 2016 and 2020
Here’s my forecast of what’s going to happen after President-Elect Biden takes office..
#1 New USCIS Director
To reverse the current “anti-immigrant” culture at USCIS will require a top down management change. That will start when President-elect Biden chooses a new director of USCIS, and assigns him or her the mandate to return USCIS to it’s prior mission of treating immigrants as clients, not adversaries, and working towards assisting them navigate lawful, and proper immigration. With new top down guidance, USCIS should relax it’s restrictionist “extreme vetting” and move to return to its earlier, more Humanitarian mission.
#2 End of Immigrant Harassment
While detailed and proper screening of applicants is reasonable, unfortunately in recent years the application review process has deteriorated from normal and expected due diligence into in essence, in many cases, deliberate harassment. Requests for evidence ( RFE’s) were frequently issued for non-material reasons.
Cases were denied for similarly trivial issues such as leaving fields that were not applicable, blank. Or incorrectly writing not applicable as NA vs N/A.
Revised Forms with no real modifications, would be announced and instead of giving adequate time usually one or two months for applicants to change over to the new versions, only One, single, day notice was given. And the applications that were already in the mail which had used the earlier nearly identical version, and which was the correct one to use on the day of mailing, were rejected.
Cases that previously would not require an interview, would be held and delayed many months awaiting availability of already overworked and limited interviewing staff.
For a few months this summer, even cases which had successfully gone through the entire tedious process, including interview and official APPROVAL, were put on hold, waiting many months for the printing of their approved work, travel and green cards. A long term contract USCIS had with the printing company had expired. And even though the contract’s expiry date, and need for replacement was known, long, realistically years in advance, no action on USCIS’s part to replace the contract and obtain alternative printing was taken, at least not until a court order forced USCIS to take proper action.
This change of attitude will rely on the New top management at USCIS. Their leadership will be critical to return USCIS to a culture of helping immigrants versus holding them back.
#3 Faster Processing
Less energy wasted by USCIS staff seeking excuses to delay individual cases, will result in more efficient, smoother and overall faster processing of cases.
#4 Lower Denial Rate
With restriction of immigration no longer being the guiding rule of the day, expect the cases that were previously denied due to trivial and non-material issues, or which were not given opportunity to clarify and justify misunderstandings now should receive a fairer hearing, and the approval rate should rise accordingly..
#5 Fee increase to be adjusted downwards
USCIS does not receive taxpayer dollars to pay for its operations. Instead it is self funded by the fees it charges immigrants. Originally to be effective on October 2, USCIS had requested an overhaul of its fee structure. The fees for some applications such as green cards and US citizenship went through the roof, they increased tremendously.
At the moment, this fee increase is temporarily on hold, halted by a court injunction.
The new fees requested are calculated based on what USCIS feels is needed to pay for its operations. I expect that under the Biden Administration the future, “user friendlier” USCIS, will find that since less time and energy is wasted, deliberately trying to obstruct the immigration process, that their operations will be more efficient, and less costly. Once the cost accountants do the math again, the fee increases needed may be found unnecessary, or only a smaller increase is needed.
#6 End to “Trump” or “Muslim” Travel Ban
The so-called “Muslim ban” that bans the issuance of visas to the USA from citizens of 15 countries, Chad, Eritrea, Iran, Iraq, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen will be lifted.
#7 Public Benefits “wealth test” Dropped
The most effective stumbling block to Legal immigration, to come out of the Trump administration was the broadening of the definition of what constitutes a public benefit. This new definition has been used to make it much more difficult for an immigrant to be deemed eligible to receive a green card and permanent residency in the USA. Not only are applicants required to prove that they never received public benefits, but must also convince the officer that in the future, no matter what happened, they would not possibly, conceivably, never, ever need public benefits forever into the future. This “wealth test”, and it’s extremely complicated resulting application paperwork will be removed or at very least greatly relaxed.
How Soon for these changes to happen ?
Immigration is not a hot-button issue for President-elect Biden as it was for President Trump. After the first few popular and headline grabbing executive orders are announced, namely dropping of the “muslim ban” and :”wealth test”, and appointment of a new USCIS Director, the rest of the job to reverse the “Trump effect” will most likely be left in the hands of the newly appointed USCIS management.
We all hope President-elect Biden chooses the new USCIS Director well. This choice will determine how fast and how well the intricate unraveling of so many changes, procedures, policies and overall mentality that the Trump administration injected into US immigration takes place.
It’s going to take time. It may take years, and perhaps more than one administration to get back to where we once were.
While President Trump’s specific immigration policies for his second term remain unclear, his past actions and statements give us a good idea on what to expect.
His 2019 tweet, “Our Country is Full,” and the numerous executive orders on immigration issued during his previous administration suggest there will be continued efforts to RESTRICT immigration.
While there is a lot of talk about building a wall on the border, deportation of illegals, changes to DACA and De-naturalization of Naturalized Citizens, and so on, this video is about the potential changes that may effect those applying for their fiancé‘s, spouses, and immediate family members.
I am Fred Wahl, the VisaCoach, I personally work with you preparing for you the forms and documents needed to bring your loved ones home to the USA, and unlike those common second rate services that abandon you once your application has been submitted I remain with you providing support throughout this complicated immigration journey.
I specialize in Marriage Based immigration. This is helping you get your partner, either fiance or spouse to the USA, and then obtaining lawful residency so that she or he can remain with you permanently in the USA.
This video is for those with a case in process or who plan to apply for a K1 Fiance Visa, a CR1 or IR1 Spouse visa, or a Green Card for your foreign partner. And please watch till the end, when I suggest proactive steps you can take now, to better weather any storm ahead.
Now, lets talk about the Potential Effects of President Trump’s reelection on K1 Visa, CR1 Visa, and Green Card Immigration
During President Trump’s last term, he signed 220 executive orders. Many on immigration. President Biden revoked 71 of these orders, mostly right after he began his term of office.
I expect that most of immigration executive orders that President Trump had issued and which were revoked are now being dusted off, re-written in a way to make them less likely to be overturned (based on past experience) and readied to be reissued soon after his inauguration on January 20.
Last time President Trump put a freeze on the issuance of visas for travelers from Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela and Yemen
If this happens again, and your partner is from one of these countries, you may suffer years of extra waiting before your partner can join you in the USA.
President Trump mandated that USCIS vigorously enforce and administer immigration laws, take no short cuts.
What this means is that immigration officers will very closely examine
and scrutinize all cases looking for reasons to deny. This will cause
delays in processing, and a greater percentage of denied cases.
When a case is being processed at USCIS, the USCIS reviewing officer examines the contents of each application determining an applicant’s eligibility. Sometimes a required document might be missing. If so, then the officer issues an RFE (request for evidence) asking for the missing item allowing the applicant 87 days to respond.
During the previous Trump Administration, USCIS issued two or three times more RFE’s than we had experienced at any prior time. Often these were for trivial reasons. The only apparent reason for such ‘nitpicking” was to cause
a systemic slowdown to all case processing.
During the last Trump Administration, proposed Extreme Immigration Vetting, where during consulate interviews, applicants were asked to hand over their phones so that their contact list and photos could be examined by the embassy or consulate and to provide social media usernames and passwords for examination of an applicant’s private and public posts.
Proposed last time, but not put into effect then was to require applicants to provide 15 years’ worth of travel, employment and address history, up from the current 5 years, and to institute an “ideological test” on the applicant’s view of society, culture and the USA.
To sponsor your Fiance, Spouse or other family member, you must demonstrate that you have adequate income so that your increased household size with the addition of your foreign partner will never need to receive government assistance, Welfare, so called Public Benefits.
In practice if you as a sponsor are currently receiving “cash” type welfare benefits, such as food stamps, or SSI, you are already ineligible to sponsor your family member.
Last time President Trump pushed to widen the definition of who was ineligible due to receiving Public Benefits. He proposed adding anyone receiving “non cash:” type welfare benefits, such as Medicaid, Supplemental Nutrition Assistance Program, Medicare Part D Low-Income Subsidy Program, and subsidized housing programs such as Section 8.
In addition to making more CURRENT recipients of public assistance ineligible, it was also proposed to exclude those who had EVER in their lives previously received such benefits. After all, the theory went “those who had needed assistance once, are more likely to need it again”.
This proposal did not pass Congressional approval last time. However, last time it was a Democratic majority Congress President Trump had to deal with.
This time is vastly different. This time President Trump is entering office with a popular mandate and Republican control of both houses of Congress. What he could not get enacted last time has a much better chance of approval this time around.
Similarly, proposed but failed last time were plans to change eligibility requirements to include whether a prospective immigrant has the “education, experience and health to be a successful member of US society”
After your fiancee has arrived on his/her K1 fiance visa, after the wedding, for your partner to remain in the USA, we apply to adjust your new spouse’s status from a visitor to a permanent resident.
Officially this process ends with an in-person interview for both you and your partner to meet with an officer who asks potentially intrusive
questions about your private lives, to assess in his opinion whether your marriage is “bona fide” or a “sham for immigration purposes”. A similar interview is held two years later for those who were issued temporary
“conditional” green cards.
The official process is, each K1 Fiance couple is interviewed twice, a CR1 Spouse couple once.
In current practice, if an application contains the evidence that the USCIS reviewer requires and convincingly demonstrates a “bona fide” relationship, often the USCIS reviewing officer, uses his discretion, reduces his/her workload, by approving the green card, outright, waiving the interview requirement.
Here at VisaCoach, it is our policy is to always “Front Load” our petitions with well chosen, good quality evidence. This has resulted in the majority of our cases having their interviews waived. At this is our client’s experience when President Trump is not in office.
President Trump’s previous executive order to USCIS instructed USCIS to never, never waive any interview. USCIS was ordeed to conduct interviews in each and every case, regardless of the officer’s opinion that an interview would be unnecessary. This executive order, when issued again, will further contribute to lengthening of USCIS processing times.
The combined effect of these various executive orders of more rules, more restrictions, stricter requirements, will result in slower processing, delays and denials.
During the last Trump Administration the Civics Test that a prospective citizen must pass was revised to a more rigorous exam, additional questions were added and a higher passing score required. This stricter requirement was revoked by the then Democratic Congress. Expect this order to returned, and the application process to become a US Citizen made more difficult.
A very troubling proposal is to reduce who US Citizen is allowed to sponsor to immigrate to USA. Today a US Citizen is allowed to sponsor his/her spouse and children, and also parents and siblings. The proposal being considered is to REMOVE parents and siblings from the eligibility list. If issued, no longer can a US citizen apply to bring his/her mother/father, brother or sister to immigate to the USA.
To sponsor your family member to immigrate to USA, you are required to demonstrate your Financial Eligibility for marriage based immigration, to prove you have sufficient income, keep your family member and your household from needing any public benefits. Usually the proof required is only confirmation of employment income, by presenting Tax Returns, and Pay Stubs. Proposals have been made to also require the sponsor to demonstrate adequate financial assets as well as insurance coverage.
If eligible for US citizenship, or residency, apply as soon as possible, preferably prior to January 20. This ensures that your case is processed under current rules and regulations.
Same applies If you are planning to apply for a fiance, spouse, son, daughter, mother, father, brother, and or sister. Get that application submitted and in process, ahead of any potential policy changes.
Maximize your income, while minimizing deductions on your 2024 tax return. USCIS focuses on the line on your tax return labeled “Adjusted Gross Income”. If this number is below the Financial Eligibility Requirement, you will be required to find a co-sponsor, or if unable to find one, denied your application. Find ways to maximize your “Adjusted Gross Income”. Do not “over deduct”. Save the deductions for future years after the immigration process is behind you.
If you have a pending Consular or USCIS interview, try to schedule it as soon as possible, preferably to take place before January 20. This may help you avoid potential delays caused by policy changes.
Don’t go it alone. Seek professional guidance. There are “complicated” immigration times ahead. Allow me to personally guide you on this journey.
This was Fred Wahl, The VisaCoach,
VisaCoach News Explainer
USCIS released a new Adjustment of Status memo, and some headlines now claim that green card applicants may be forced to leave the United States. Here is what marriage visa couples need to understand before they panic.
At this moment, Adjustment of Status has not been eliminated, Congress has not passed a new law canceling marriage-based immigration, and USCIS has not announced mass denials for green card applicants.
The concern is real, but most spouse visa couples and likely most properly filed K1 fiancé visa couples should not assume they are suddenly being deported or forced overseas.
What happened?
USCIS released a policy memorandum reminding officers that Adjustment of Status is discretionary. In plain English, that means approval is not automatic.
That part is not really new. USCIS officers have always had discretion when deciding immigration benefits.
What created panic was the public messaging around the memo. Some commentary suggested that many Adjustment of Status applicants could be required to leave the United States and complete green card processing overseas through a U.S. consulate.
So right now, the safest explanation is this: the memo is serious, but it should not be treated as a blanket rule saying every green card applicant must leave the United States.
Important context
Who is probably not affected?
If you are using a CR1 spouse visa or IR1 spouse visa, this memo generally should not change your basic process.
Why? Because spouse visas already process overseas through USCIS, the National Visa Center, and the U.S. consulate. When the foreign spouse enters America, they normally arrive already approved for permanent residency.
In other words, a CR1 or IR1 spouse visa case normally does not require Adjustment of Status after arrival.
A K1 fiancé visa is technically a nonimmigrant visa, but it has always functioned like a hybrid immigration path.
The purpose of the K1 process is to enter the United States, marry within the required time, and then apply for a green card after marriage.
Based on what is known today, K1 couples who marry on time and file properly probably have little reason to panic.
Who may face more scrutiny?
The group that may face more scrutiny is people who use Concurrent Filing Adjustment of Status after entering the United States on a temporary visa.
This can happen when someone enters the United States on a temporary visa or ESTA, later marries a U.S. citizen, and then applies for a green card from inside America.
A B1/B2 visitor visa is meant for temporary travel, such as tourism, family visits, business visits, or medical treatment. It is not designed as a shortcut to permanent immigration.
ESTA is for short temporary visits. If USCIS aggressively closes perceived loopholes, ESTA-based marriage AOS cases could face more scrutiny.
Some long-term student or work visa cases may be different because relationships can develop naturally over years of lawful presence in the United States.
The key issue
The key eligibility concern is intent.
U.S. immigration expects temporary visitors to eventually leave the United States. So USCIS may ask whether the person intended to remain permanently before entering the country.
If USCIS believes someone used a temporary visa as a shortcut around the normal fiancé visa, spouse visa, or immigrant visa process, that is where problems can start.
Practical guidance
The internet is full of fear and clickbait. This memo is important, but panic does not help you prepare a stronger case.
If your goal is to bring your partner to the United States for marriage or permanent residence, consider the proper fiancé visa or spouse visa route instead of trying to force a visitor visa into an immigration plan.
Keep following lawful immigration procedures and prepare evidence that clearly explains your relationship, timeline, eligibility, and intentions.
This is a developing issue. USCIS guidance, court challenges, and implementation practices may continue to change.
Related VisaCoach resources
Understand Adjustment of Status, permanent residency, and the next steps after marriage immigration approval.
Learn how CR1 and IR1 spouse visas work for married couples who process through the consulate overseas.
Learn how a K1 fiancé visa helps a foreign fiancé enter the United States, marry, and then apply for a green card.
Review the path that may receive greater scrutiny when someone enters on a temporary visa and later files inside the United States.
Understand why visitor visas are for temporary travel, not a substitute for a fiancé or spouse visa.
Browse helpful immigration guides, news explainers, and supporting pages from VisaCoach.
Frequently asked questions
No. As of July 2026, Adjustment of Status has not been eliminated by Congress. The memo emphasizes discretion and may affect how officers review certain cases.
Not automatically. Some applicants may face greater scrutiny, but the memo should not be read as a universal rule forcing every green card applicant overseas.
Generally, CR1 and IR1 spouse visa applicants already process overseas and usually enter the United States as permanent residents. They normally do not need Adjustment of Status after arrival.
Based on what is known today, K1 couples who marry on time and file correctly probably should not panic. The K1 path is specifically designed for marriage followed by green card filing after arrival.
Concurrent filing cases after entry on a temporary visa, especially visitor visa or ESTA cases, may face more questions about intent and whether the temporary visa was misused.
No. Stay calm, use the correct immigration process, prepare strong evidence, and watch for further USCIS guidance or court developments.
Need personal guidance?
VisaCoach helps couples and families navigate fiancé visas, spouse visas, and green card steps with personalized coaching and document preparation.
VisaCoach provides immigration document preparation and coaching services. This page is general educational information and is not legal advice.
