Concurrent Filing 101 Video

 
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Concurrent Filing 101: Adjustment of Status arrival on NON-immigrant visa
 

Concurrent Filing 101: Adjustment of Status for US Citizen’s spouse after arrival on NON-immigrant visa

Make sure to check out the VisaCoach provided overview on Concurrent Filing for Foreign Spouse as well as a rundown of the Step by Step Process of Concurrent Filing.

 

 

Step By Step Concurrent

Step By Step: Concurrent Filing for Adjustment of Status

1. I know all the questions USCIS have. I combined them into two proprietary questionnaires, one for you and one for your Spouse. I send these to you, to provide me with all the needed details about your situation. I ask the questions early, so that we know EXACTLY where you stand, and that you are eligible for the GreenCard process.

2. You and your Spouse complete the background questionnaires and return them to me

3. As a part of my Adjustment of Status Support, I closely audit your answers, looking for inconsistencies, gaps, mistakes, illogic, anything that “doesn’t look right”. Immigration doesn’t need much to become suspicious, so it is critically important that the information provided does not accidentally trigger alarm bells.

4. I work together with you and your Spouse until the questions asked by USCIS have been answered fully, logically and are consistent

5. I use your information to prepare all the forms needed to apply for Permanent Residency.

6. At NO EXTRA charge, on request, I ALSO prepare the forms needed to apply for Employment Authorization. This way your spouse would be able to work starting about 2 months after we submit the Adjustment of Status package, instead of waiting for the GreenCard to be issued.

7. Also, at NO EXTRA charge, on request, I prepare the forms needed to apply for Advance Parole. This way your spouse would be able to leave the USA for travel starting about 2 months after we submit the Adjustment of Status package, instead of waiting for the GreenCard to be issued.

8. I create for you a private, HOMEPage at VisaCoach.com. This is where you view the documents that are ready for your signatures, as well as personalized checklists, and instructions all customized to your case.

Click here to view a Sample Private HomePage

9. At your HomePage, based upon my detailed review of your background details, I post for you a custom personalized check list of things to do, photos, civil documents, and various ways (that I have encountered over 36 years) to demonstrate the bona fides of your Marriage and relationship. The check list is extensive. Not all items can be obtained by all couples. I categorize the list into three color coded priority levels. REQUIRED, HIGHLY RECOMMENDED, and RECOMMENDED.

10. Going through the personalized checklist I prepared for you, you should collect a stack of evidences, photos, correspondences, signed documents, civil documents needed for your petition. I call this your SHOEBOX. As soon as the shoebox is full, mail it me.

11. Once I get your shoebox I block off most of a day from my calendar, so I can quietly spread out, and examine each piece. I confirm all required civil documents and signed forms are present and legible, then check the items that demonstrate the “bona fides” of your relationship.

My plan is to “tell your story”, that of a genuine, bona fide couple, who deserves to be recognized, with your foreign spouse speedily granted permission to live permanently in the USA. I pick and choose those evidences that are the most persuasive and positive, and put aside those that do not help. I devote much time with your photos. A picture IS worth a thousand words. A few well chosen photos can create a solid impression of a bona fide, genuine relationship. My objective is to choose the RIGHT ones to help your case.

12. At the time I created your personalized document checklist, I sent a third questionnaire prompting with questions asking you to describe the “history of your marriage”. I use the answers to compose a compelling personal letter, addressed to immigration, to add a “human face” on to your petition. This should convince the most skeptical Consular Officer yours is a genuine relationship and merits prompt approval, and his “help” to swiftly confirm the GreenCard.

13. I assemble all of your documents and evidences into an attractive, bound, tabbed, complete and compelling petition. Just like USCIS likes it.

Click here to view a sample VisaCoach Presentation

I RUSH the petition to you via priority mail. A complete copy for your records is included.

14. The petition you receive has about a dozen (yellow flags), clearly showing where you should sign and date. I also fill in a facsimile of what the check made out to USCIS should look like, and confirm the address where to mail your petition and check.

15. I update your HomePage on the NEXT STEPS, on what you and your Spouse should do while waiting on USCIS’s approval.

16. It is unusual for my clients to hear anything from USCIS but “thanks for your case”, “please attend a brief interview” and “your GreenCard is approved”. Sometimes USCIS makes a request for more evidence. This is called an RFE. Should that occur, I draft the response and help you to provide what is needed, as quickly as possible.

17. If the issued GreenCard is conditional (valid for two years only) I mark my calendar to contact you 6 months before it’s expiry date, so that you won’t forget to apply for “removal of conditions on residence” during the rigid 90 day submission window.

By Fred Wahl
the Visa Coach

USCIS Adjustment of Status Memo: Should Green Card Applicants Worry?

VisaCoach News Explainer

USCIS Adjustment of Status Memo: Should Green Card Applicants Panic?

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.

Updated July 2026

The bottom line

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?

What USCIS actually said

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

This is not a new law

What has not happened

  • Congress has not passed a new immigration law eliminating Adjustment of Status.
  • Marriage-based immigration has not been canceled.
  • USCIS has not announced automatic denials for all AOS applicants.
  • Spouse visas and fiancé visas have not disappeared.

What may happen next

  • USCIS may apply stricter discretion in certain AOS cases.
  • Some applicants may receive more questioning or requests for evidence.
  • There may be lawsuits, clarifications, injunctions, or revised guidance.
  • Policy implementation may vary as more details become available.

Who is probably not affected?

Most VisaCoach-style marriage visa cases should not panic

CR1 and IR1 spouse visa applicants

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.

K1 fiancé visa applicants

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?

Concurrent Filing Adjustment of Status may be the bigger concern

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.

Tourist visas

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 / Visa Waiver

ESTA is for short temporary visits. If USCIS aggressively closes perceived loopholes, ESTA-based marriage AOS cases could face more scrutiny.

Student or work visas

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

USCIS may be looking closely at intent

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.

Cases that may look more suspicious

  • Very fast marriages after arrival in the United States.
  • Immediate Adjustment of Status filings soon after entry.
  • Long pre-existing relationships before travel.
  • Evidence suggesting immigration plans already existed before entering on a temporary visa.
  • Use of a tourist visa or ESTA when the real plan was to remain permanently.

Practical guidance

What marriage immigration couples should do now

Do not panic

The internet is full of fear and clickbait. This memo is important, but panic does not help you prepare a stronger case.

Use the correct visa path

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.

Build a legitimate case

Keep following lawful immigration procedures and prepare evidence that clearly explains your relationship, timeline, eligibility, and intentions.

Watch for updates

This is a developing issue. USCIS guidance, court challenges, and implementation practices may continue to change.

Related VisaCoach resources

More help for your immigration journey

Frequently asked questions

USCIS Adjustment of Status memo FAQ

Did USCIS end Adjustment of Status?

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.

Will green card applicants now have to leave the United States?

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.

Does the memo affect CR1 or IR1 spouse visa applicants?

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.

Does the memo affect K1 fiancé visa couples?

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.

Who may face more scrutiny?

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.

Should marriage-based applicants panic?

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 prepare stronger immigration cases

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.