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
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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
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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.
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Adjustment of Status 101: for Permanent Residency in USA
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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
I got a call from an American who wants to marry a lady from India. I am in the middle of explaining to him how fiance and spouse visas work, and then he tells me he doesn’t need to know about that, because HIS “plan” is that he is going to apply for a visitor visa for her. Marry her in the USA, then apply for her green card. He want’s to know how long it will take for her to get permanent residency.
What he is planning, is simply put “immigration fraud”. A visitor visa is by definition for a short visit. No more no less. For him to plan to use the visitor visa for his girlfriend to stay permanently, is a misuse of the visa. Continue reading “Visitor Visa Permanent Resident”
The application for Adjustment of Status uses the I-485 form.
I-485 forms may be obtained directly from USCIS or downloaded from our website. Continue reading “How to Fill in i485”
is when a foreign national becomes eligible to live permanently in the USA, due to him or her being married to a US citizen. This occurs natually at the culmination of the Fiance Visa process. A foreign fiancee is granted permission to enter the USA via a K1 Fiance Visa. If the marriage takes place within 90 days of arrival, the foreigner has the ability to apply for Adjustment of Status, to obtain her Green Card through marriage.
Next most common is the marriage of a US citizen to a foreigner who is resident outside the USA. The American spouse applies for a CR1 Spouse Visa for his foriegn born spouse. She eventually travels to the USA using the CR1 visa, and her Green Card is already granted, and will be provided without must additional petitioning
Finally there comes the situation where a foreign national is inside the borders of the USA, and has married a US citizen. He or she would be also eligible for their Green Card through marriage. Depending on the circumstances, and the visa which the alien entered the USA, would determine whether the alien must return to home country, and apply for the CR1 Visa, or could remain in the USA, apply for Adjustment of Status, and be granted the Green Card without need to depart the USA.
Often I am asked about what can be done, when an American marries a foreigner visiting the USA on a tourist, visa waiver, student or work visa.
In most cases the foreign spouse hopes to remain in the U.S. and apply for a green card based on marriage. In some situations, without leaving it is possible to obtain a green card. In other situations, is it highly unlikely, or simply impossible to obtain the green card without leaving the USA.
Getting married is not an issue. There are no restrictions regarding the ‘immigration status’ of someone to marry. As long as you follow the rules and procedures in your state, (or Las Vegas) you can marry.
The real issue is: whether your new spouse will be allowed to remain in the USA, appling for permanent residency, or must leave the USA, and wait in her home country pending approval of a Spousal visa.
Basically, the visa that is designed to allow your fiancee to enter the USA for the purpose of marriage, and with permission to remain and apply for permanent residence, is the K1 Fiancee Visa. This is the only visa designed for this purpose.
If the foreign enters the USA after traveling on another visa, two issues apply. 1. Intent 2. Restrictions on the visa used.
Intent to remain
Lets say a tourist travels to USA for holiday, meets a new American friend, ( falls head over heels in love, and after a few weeks marries. As there actually was no advance contact between the couple, and no apparent ‘intent’ to use the tourist visa to REMAIN in the USA, immigration will probably believe that this is a legitimate case was no actual intent, and allow the foreign spouse, to remain, apply for her green card, and be granted it, all without leaving the USA.
Conversely an American’s girlfriend after corresponding for a year , is able to obtain a tourist visa, arrives in the USA and marries after a week. Immigration will be unlikely to believe there was no intent to remain in the USA, so most likely, her green card application would be denied, and she would be asked to return home.
Some visas, regardless of intent, won’t permit the foreigner to remain to obtain the green card. Visitors on Visa Waiver are not permitted to remain, and must return to home country to await spousal visa approval. Some student visas include provisions that the student, must return to home country for 2 years, NO MATTER WHAT.
If you have an EXISTING relationship, AND are considering marriage, the correct, direct and reliable immigration procedures to follow are to apply for a Fiance Visa, or marry (here or there) then apply for a CR1 visa while she waits in home country.
Read this article on what can happen when the correct and direct procedures are not followed Green Card through marriage problems
I came across some interesting and disturbing articles in the New York times.
They describe the problems many couples have with
Immigration even after arrival in the USA and marriage.
They indicates, that even after you have successfully brought your fiancee or spouse to the USA, the work is not yet over.
For your new spouse to remain in America she/he must apply for a Green Card. Successful granting of a Green Card is NOT guaranteed. Not even if your Fiancee Visa or Spousal Visa petition was perfect. Still needed is a well prepared, well assembled Adjustment of Status ‘Green Card’ application.
Still needed is iron clad, compelling evidence of a ‘bona fide’, ‘genuine’ relationship. And in addition to proving the genuine relationship, you must ALSO prove ‘beyond the shadow of a doubt’ that the two of you are living together, and have bound your lives together.
Click here to read the articles:
Green Card Problems: Wed in 1993, Stuck in Immigration Limbo
https://www.nytimes.com/2010/06/14/nyregion/14marriage.html
By Fred Wahl
Most of the couples I work with by helping them apply for Adjustment of Status and Removal of conditions on residence, have their Green Card interviews waived, because the VisaCoach “front loaded” application that I craft for them, tells their story so completely, that a USCIS reviewer finds he has all he needs to approve without an interview.
But for various reasons including random spot checking, some of my clients are asked to attend an interview at USCIS prior to their Green Cards being approved and issued. Whenever this happens I always ask my couple to describe for me what happened, and give me a list of what questions were asked. As time has gone by, this has allowed me to compile a detailed and accurate list of sample questions that are actually asked. I use these to prepare VisaCoach couples for their interviews.
First, lets review the basics. If you are the foreign born spouse of an American Citizen or a Lawful Permanent Resident, the final step before permanent residency is granted, and before the Green Card is issued, will be an interview for both you and your spouse at USCIS office near where you live in the USA. There the officer asks questions about you and your spouse. The official is tasked to look for fraud. He is seeking to trip you up to catch “sham marriages” by couples who fraudulently marry solely for the purpose of obtaining entry to the USA.
You must convince him, that you are co-habitating as a sincere and honest committed married couple. Only then, will he approve your Green Card. During the interview it is ESSENTIAL you are calm and poised. That you don’t stumble over your answers, or take too long to answer, or give too many “maybe” or “i don’t know” responses. There should not be any question the officer may ask that surprises or finds you unprepared to answer.
It’s a good idea to review these questions with your spouse well in advance of the interview, so that you both have consistent answers. Yes, sometimes if the officers have suspicions they will separate the two of you, putting you each in separate rooms, and while videotaping, independently ask both of you the same questions. And then they compare the answers side by side. A genuine couple’s answers should match. But a nervous or unprepared couple may not.
The interview is a stressful time. The way to minimize the stress is by preparation. Not only to prepare for the interview itself, but by submitting a well crafted application that match’s VisaCoach’s high standards. While most VisaCoach green Card clients don’t have to attend the interview, the ones that do usually experience a very short interview: with only a very few easy questions asked. This is due to the high quality standard that I apply to preparing for you your “front loaded” application.
If your application was not crafted to VisaCoach’s high standards, expect to have a less pleasant interview. The weaker your original petition, expect more questions, tougher questions and a longer interview. This is when couples who innocently prepared their own DIY petitions, or hired budget “robot form filling” services, really get into trouble, and wish they had hired VisaCoach to bring them safely to the other side.
By Fred Wahl
the VisaCoach
Fiancee Visa proofs are required for visa approval. This video describes how to prove a bona fide, genuine relationship for USCIS when applying for a K-1 Fiancee or CR-1 Spousal Visa, using I-129F or I-130 Petitions
The most common reason Fiancee or Spouse Visa petitions are rejected is that Immigration is not convinced the couple have a genuine “bona fide” relationship.
There are many ways to prove the relationship, photos, phone bills, emails, log files, on and on. Some couples though don’t really think about saving this “paper trail” until they are just about ready to file their I-129F or I-130 petitions. By then it is too late. And they may end up rejected due to lack of planning.
I put together a video that teaches how to prove you have a genuine relationship. It speaks directly to couples who are applying for Fiancee or Spousal visas. And tells them what documents and proof to attach to their K visa petitions.
I think that a new couple who has just found each other, should ALSO view this lesson, so that from the start of their relationship they will know what is needed later on, and so can save from the beginning, what they should have later.
For example: Proof that the couple has regularly communicated with each other is essential. What about the couple that uses Instant messenger every day, but never turned on “logging”? What proof do they have? NONE. !
If they turned on LOGGING, they could print out a page, or pages that show each and every time they communicated, when they logged in, when they logged out. It is not necessary to show the words of each conversation, but is extremely valuable to show the frequency and dates of the conversations.
The same applies for telephone bills or logs. It used to be that everyone got a regular phone bill each month, that showed the numbers called and the duration of each call. Now there are ways to save money by buying pre-paid phone cards or joining discount calling services. Some keep track of your calls, and you could print out statements to prove your calls. But many clients use prepaid phone cards, which don’t provide you any record at all! The time to choose a service that provides you a record of you calls, is at the Start of your relationship.
If you are starting a relationship, or still looking, take a minute to watch this video on “How to prove a genuine relationship for the Fiancee or Spousal visa”. You will be much better prepared in case you find you life partner and hope to live together in the USA.
Of course if you have already found your partner and are applying for a K-1 or K-3 visa, use the suggestions shown on the video to make your petition more believable and thus help to ensure a happy ending to your visa application.
By Fred Wahl
PS: If your fiancée or spouse is not a citizen of the United States and you want her (or him) to enter the US, then you will need to obtain a K1 Fiancée visa or CR-1 Spousal Visa.
Here’s how that’s done…
By Fred Wahl
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).
Adjustment of status from K1 visa starts after your Fiancee enters the US and marries you. Then in order for her to remain in the US she must apply for Adjustment of Status to obtain her greencard.
USCIS MUST be notified in order to change the Fiancee’s status from that of a foreigner visiting the U.S. for 90 days, to that of a foreigner now married to a U.S. citizen entitled to remain in the U.S. indefinitely as a Permanent Resident.
As soon as possible after Marriage, the Adjustment of Status application should be completed and submitted to USCIS.
When this is approved, her status is officially changed to that of a Conditional Resident. She is given a drivers licence sized id card confirming her permission to remain in the U.S. . This is traditionally called the “Green Card”.
For help to complete your Adjustment of Status application Click Order.
Cost is only $595.If you order both K1 Visa Support and Adjustment of Status services at the same time, you save $200.
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.
The new Poverty Guidelines have risen about $560 from last year.
As of February 2019, 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:
Green card through Marriage
“We received yesterday, the Approval letter from USCIS for my wife 2 years of Permanent Resident and no Interview needed !”
“Everything was done professionally. When we were uncertain about things you knew exactly how to ease our minds. Having these forms in our hands prepared by you gave us a sense of confidence as we sent them off.”
“Using his services was the best choice I could have made. Mr. Wahl’s service exceeded all of my expectations. He made the whole process a piece of cake.”
“I was surprised that he personally was able to take my calls most of the time or call me back shortly if he was on the other line.”
“I was so pleased with Mr. Wahl’s work ethic; I used his services again for my wife’s Adjustment of Status. My wife received her green card without any problems and once again Mr. Wahl simplified the process and eliminated all the headaches for me.”
“We could not have done a better job on our own, Once we got everything sent in the process went very fast to all be approved. Elisa got her work permit card and an appointment for her interview very soon after we got it sent in thanks to the wonderful work you did preparing our petition for Elisa’s change of status. Elisa received her green card in the mail 7 days after her interview with the USCIS.”
Click here to read more comments from couples JUST LIKE YOU
If your spouse entered the USA on a Fiance visa, and you two have married within 90 days of their arrival, in order for them to remain in the USA, the next step is to apply for permission from US immigration to allow them to remain in the USA permanently.
The Fiance visa officially only allows them to visit the USA for a short 90 days. To stay longer, the application you file is for “Adjustment of Status”, this is to “adjust” their status from a 90 day visitor to a permanent resident. At the end of the process they gets proof that they are allowed to remain. This is a small ID, about the size of a drivers license, called the “Green Card”
First you and your significant other submit your application to USCIS.
The application should include evidences that your fiance arrived using the K1 visa, that your marriage took place, that you have combined your lives as a bona fide couple, and that you have enough financial resources to keep your spouse off of welfare.
It also should include proof that they visited a USCIS approved Civil Surgeon (medical doctor) and that their innoculation records were verified to match the higher standards, than were earlier needed when they attended the consular medical to obtain the fiance visa.
About one month after sending off the application your spouse is required to visit a USCIS office for Biometrics. There they will be fingerprinted and photographed.
Then the process may take on average, 12 to 18 months till they are granted permanent residency and approved for their Green Card.
For most couples, before permanent residency is approved, the couple must attend an interview at a USCIS office. There they present evidences they may have failed to include in their original application, and answer questions to convince the USCIS reviewer that their marriage is “bona fide” and was not entered into, simply for immigration benefits.
If the couple “pass” the interview, permanent residency is granted, and the Green card arrives in the mail about a month later.
Most couples are required to attend an interview, but USCIS has the option to waive the interview, if in the opinion of the USCIS officer reviewing the file, that the evidences presented are so complete, an interview is unnecessary.
The beauty of the high quality standard VisaCoach applies to it’s “front loaded presentation” for adjustment of status, is that many VisaCoach clients, enjoy having their interview waived and are not required to attend an interview. Their Green Card arrives in the mail without fuss.
While the Green Card is pending, and it can take a very long time, the applicant may not work, nor cross the US borders, but is allowed to live in the USA.
Of course, USCIS understands that the spouse may want to work, or may want or need to travel.
The option to do either is available. The applicant can apply while their permanent residency is pending for Employment Authorization, to be allowed to work, and/or for Advance Parole to be allowed to enter/exit.
If applying for Employment Authorization or Advance parole at the same time as applying for permanent residency, typically both are granted well before the green card is. Work (EAD) is currently taking about 6 months, while travel (Advance Parole) is taking about 10.
When VisaCoach crafts a “front loaded adjustment of status presentation” I include the additional applications for employment authorization and/or advance parole free of charge.
Finally, USCIS confirms granting of permanent residency, and sends the spouse their Green Card.
If the marriage was under 2 years old, when the application was submitted, the Green Card, issued is only “Conditional” and only valid for 2 years.
At the end of the 2 years, for your spouse to remain in the USA, another application to USCIS is needed This time the application is called application to “Remove Conditions on Residency”.
Once again, you as a couple, must demonstrate your “bona fides” to US immigration. On approval of the “removal of conditions” their permanent residency is upgraded to permanent residency, versus conditional (or two year temporary) permanent residency.
If the marriage was over 2 years old, when the adjustment of status application was submitted, then there would not be any “conditions” applied, and your spouse’s permanent residency would be permanent.
As early as 2 years and 9 months from the first approval date of their first Green Card, your spouse may apply for US citizenship.
The K-1 visa gave your Fiance the opportunity to enter the USA in order to marry you.
If you married before the 90’th day after their arrival, they can apply to stay permanently in the USA.
This is called Adjustment of Status. They “Adjusts their status” from a visitor on a Fiance Visa, to a Legal Permanent Resident.
And for many other visa holders, they TOO upon marriage to a US citizen may be able to “Adjust Status” to that of a Legal Permanent Resident.
To be approved you must PROVE to USCIS that that you and your spouse have a genuine relationship, a true “good faith” marriage.
When the “Adjustment of Status” request is approved, your spouse gets a drivers license sized IDcard, called a Green Card.
I personally work with you one-on-one throughout the entire process until you succeed.
I guide my clients through the whole process , starting with strategy to help you ANTICIPATE what USCIS is looking for, then to collect civil documents and evidences, from a personalized, detailed customized “kitchen sink” document and photo check list, to preparing an AWESOME petition that because it is complete, and thorough, and well organized, and tells your story in the most believable way, paves the way for your Spouse to get her Green Card, and in the majority of cases, to receive it in the mail without an interview!
| Already in USA Green Card Support |
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| Green Card Support | Adjustment of Status |
Removal of Conditions on Residence |
| Fees My fees provide good value. ALL the work I do on your behalf, as well as the time and money you SAVE, by doing the job RIGHT. |
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| Personal Consultation I work with you One-on-One answering your procedural questions, review your eligibility, and recommend a winning Game Plan |
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| Easy Fill-in Questionnaire Via email or post, I provide you my proprietary Easy Fill-in Questionnaire which combines all the questions asked by USCIS. |
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| Line-by-line Audit. I personally, closely examine your answers, to confirm that the information you provided about you and your spouse is complete, internally consistent, logical and that there are no obvious omissions or gaps. I follow up with you for clarifications of your answers, until it all “makes sense”. |
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| Fill in the Blanks I input your details where needed to fill in all of the necessary forms. |
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| Your own PERSONAL Homepage I set up a PASSWORD controlled webpage, that only you and your spouse have access to, to use as a central clearinghouse of information, where I post, your personalized instructions, checklists, FAQ’s and completed forms for your review. |
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| CUSTOMIZED Check List of Civil Documents | |
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| CUSTOMIZED Check List of Evidences of your Relationship A convincing demonstration that your relationship is genuine and bona fide, often makes the difference between approval or denial. This list is the product of 36 years of helping couples PROVE their “bona fides”, and is the key factor, to helping you “Front Load” your petition. |
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| I Carefully REVIEW your evidences I review each piece, read each page, hold each document “up to the light”, selecting for inclusion in your “Front Loaded” petition. The objective is to tell your story in persuasive, convincing, and complimentary ways. |
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| I Choose the BEST photos Photographs that accompany your petition, go a long way in telling a convincing story of a bona fide couple. I go over each print, one by one, till I have found an effective selection. The right and best photos to tell your story well. |
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| Affidavit of Support I prepare the Affidavit of Support ready for your signature. And advise what supporting financial documents should be attached when you send this “BLUE INK” signed form to your fiance. |
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| Joint-Sponsor Affidavit of Support If you need the help of a Joint-Sponsor, I will prepare their Affidavit of Support and advise what supporting financial documents are needed. FREE OF CHARGE |
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| Relationship Letter I recommend clients include with their petition, a heartfelt letter describing the relationship. I edit it down to a readable, PERSUASIVE story. |
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| Quality ASSESSMENT Once I have received, touched, examined, and compiled the final set of documents and evidences you provided. I offer my opinion on what “your chances of success” are. If appropriate, I advise what additional evidences, could improve the outcome. |
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| Cover letter Detailed cover letter that precisely lists the contents of your petition package. |
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| USCIS Preferred Petition Package I assemble your Petition Package, following USCIS’s recommended guidelines. |
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| Safe and Fast Delivery I return your Petition Package to you fast and safe using Priority Mail |
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| Where to Sign I affix Flags, at each location where you must sign and date. |
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| Payment to USCIS I include a duplicate check of what the payment you send to USCIS should look like, with your personal details filled in. |
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| Where to Send Petition Detailed instructions on EXACTLY where to send your petition |
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| Full Copy One Full copy of the final petition package for your records |
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| Ongoing Communications & Support I STAY with you till the visa is approved. I am always available by phone or email. |
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| Money Back Guarantee | |
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| RUSH Service (2 business day, turn around) |
Available | Available |
| Fees My fees provide good value. ALL the work I do on your behalf, as well as the time and money you SAVE, by doing the job RIGHT. |
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Fred Wahl
the Visa Coach
Your Personal Immigration Consultant
2021 Income Requirements for Marriage Based Immigration
Usually about 9 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 2021, for residents in the
continental US the Financial Eligibility requirements
are as follows.
Required Annual Income (For Fiancee Visa)
$17,420, if 2 Persons in Family or Household
$21,960, if 3 Persons in Family or Household
$26,500, if 4 Persons in Family or Household
For each Additional person add $4,540
Required Annual Income (For Spousal Visa or Green Card)
$21,775, if 2 Persons in Family or Household
$27,450, if 3 Persons in Family or Household
$33,125, if 4 Persons in Family or Household
For each Additional person add $5,675
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 to 6 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 $17,420 or $87,100 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 $7,420 so he should have 5 times
that amount or $37,100 cash or convertible assets
to qualify.
$17,420 – $10,000 = $7,420 x 5 = $ 37,100 cash assets needed.
This is calculated by subtracting $10,000 from the annual
requirement of $17,420. And then the difference of $7,420
times Five equals $37,100 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 $35,580 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
USCIS has finally confirmed it’s new fee schedule. It takes effect in less than two months, on October 2, 2020. And that is not a lot of time to prepare a solid application.
If you are considering applying for US citizenship, you should submit asap (before October 2) and avoid a 61% price increase ($445).
If applying for for Adjustment of Status for a Child you can avoid a 51% increase ($380).
If applying for Work or Travel Authorization (at same time as Adjustment of Status) you can still get these Free of Charge ($0 !!). Currently Work Authorization and Travel Authorization applications when submitted at same time as Adjustment of Status need no filing fee, they are included “Free of Charge” as part of the adjustment of status process. But, starting October 2 they cost $545 and $585 respectively.
For Fiance and Spouse visas the change is marginal, only $25. Up $25 for fiancee visas, down $25 for spouse and relative visas.
| New Fees: Effective October 2, 2020 | |||
| Old Filing Fee | New Filing Fee | Change | |
| Fiance Visa | $535 | $510 | – $25 |
| Spouse Visa | $535 | $560 | + $25 |
| Concurrent Filing | $1,760 | $1,690 | – $70 |
| Adjustment of Status (Adult) Adjustment of Status (Child) with Work Authorization with Travel Permission |
$1,225 $ 750 $ 0 $ 0 |
$1,130 $1,130 $ 545 $ 585 |
– $95 + $380 + $545 + $585 |
| Removal Conditions on Residence | $680 | $ 760 | + $80 |
| US Citizenship | $725 | $ 1,170 | + $445 |
| Relative Visa (Child, Parent, Sibling) |
$535 | $ 560 | + $25 |
Click here for the FULL schedule of new USCIS fees
