Instructions for Gathering Documents

Civil Documents

Birth certificates of applicant’s unmarried children	NVC generally requires this only for “each family member immigrating with you” The U.S. Consulate in Guangzhou requires original or certified copies of birth certificates for all children of the principal applicant (even if she or she is not accompanying).” Check the post-specific rules
Marriage certificate	This documentary requirement does not apply to IR-5 applicants, except when they qualify for the visa as a stepparent or when the consular officer otherwise deems it necessary or pertinent to visa eligibility. 9 FAM 505.4-4(A)(a)(3) (Aug. 14, 2024).
Termination of prior marriages	Provide evidence showing the termination of all prior marriages (e.g. death certificate of spouse, final decree of divorce or annulment) This documentary requirement does not apply to IR-5 applicants, except when they qualify for the visa as a stepparent or when the consular officer otherwise deems it necessary or pertinent to visa eligibility. 9 FAM 505.4-4(A)(a)(3) (Aug. 14, 2024).
Police certificates–General	For each applicant age 16 or above, police certificates must be submitted from (1) the country of nationality, if you have lived there for more than 6 months at any time in your life; (2) the country of current residence, if you have lived there for more than 6 months; (3) other countries, areas, or localities where you have resided for one year or more, if you were 16 years or older at the time you lived there; and (4) any place where ever arrested.   No U.S. Police Certificate Is Required.   Limited Validity: Police certificates expire after two years, unless the certificate was issued from your country of previous residence and you have not returned there since the police certificate was issued. The visa cannot be valid beyond a certificate’s expiration date.   Aliases: If you have used any name besides your current legal name, include the other name(s) in the police certificate application.   Expert advice: Please note that our law firm has expertise in China police certificates but not other countries’ police certificates. For other countries, we recommend that you clarify the below instructions as necessary by communicating with the relevant government authorities or in-country experts. If you would like our firm to refer you to an in-country expert, please let us know. We may be able to provide you with a referral and help you get a quote for fees they charge.
Police Certificates–Hong Kong	To apply, you must have your Packet 3, which shows the HK Police that you must submit a police certificate in conjunction with your U.S. visa application. If you are in China and need to be fingerprinted for the HK police certificate application, here is a list of fingerprint providers per the U.S. Embassy: Fingerprinting | U.S. Embassy & Consulates in China (usembassy-china.org.cn) The Hong Kong police will send the certificate directly to the U.S. Consulate. The Consulate will liaise directly with the NVC when the police certificate is received. The applicant need not follow up directly with the NVC or Consulate. Source: U.S. Consulate in HK.
Custody evidence:	Custody Certificate if you are divorced and want your child under age 18 to immigrate with you.   (Not necessary if divorce decree specifies custody)

Passports

If a passport is requested, please scan adjoining pages of the passport into a single image, like this:

Continuous Lawful Status

Evidence of continuously maintaining a lawful status since arrival in the United States: Include evidence for every time you entered the United States and for the time periods spent in the United States. This evidence must prove you have continuously maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA § 245(c)(2).

This is not required if you are applying as the immediate relative of a U.S. citizen.

This is required if, for example, if you are applying under a family-based preference category or an employment-based preference category.

Common evidence of maintaining a lawful status includes, for example:

• Passports with U.S. visas, admission stamps, or parole stamps
• Forms I-797 approval notices for all extensions and changes of nonimmigrant status
• Forms I-797 receipt notices for any pending application for extension or change of nonimmigrant status
• Forms I-94, Arrival-Departure Records
• For students: Forms I-20, Certificates of Eligibility for Nonimmigrant (F-1) Student Status; transcripts; diplomas
• Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status
• Employment authorization cards

U.S. Citizenship Evidence

Provide to our firm any of the following documents you have:

• Certified copy of U.S. birth certificate
• U.S. passport ID page
• U.S. naturalization certificate
• U.S. certificate of citizenship
• U.S. consular report of birth abroad

Our firm must submit at least one to the government.

Good Faith Marriage

In general: Federal immigration agencies look at the “totality of the evidence” to determine if they are persuaded that the marriage was in good faith, meaning the marriage was entered into for purposes of making a life together, not for purposes of evading U.S. immigration laws.

• No particular document is required in every case.
• Submit as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship. Documents should cover the period from the date the relationship began to the present date. For example, a photo album might have photos from your first date until now. Or bank statements might cover the period from the date the joint account was opened until now.
• To reduce the paperwork you submit, if you have voluminous bank, credit card, utility, or other records, just submit selected records. For example, if you have monthly statements for 5 years, just submit one statement for each year.
• This list of documents below is merely illustrative, so feel free to provide other persuasive evidence.

Authenticating Internet Evidence

For internet evidence downloaded from the internet to be accepted by the government, we must “authenticate” it, meaning that we must prove that it is what it claims to be. So, download documents in PDF format, including headers/footers showing the date saved and the website’s URL. You can do this in Microsoft Edge by clicking “Print,” choosing “Microsoft Print to PDF,” then under “More Settings” choosing “headers and footers”:

Case Types with Special Requirements

Types of Good Faith Marriage Evidence:

A. Declarations and Photos	For “Petitioner’s Declaration with Photos Regarding the Good Faith Marriage”: * Instructions * Sample Format For “Photo Album”: * Photo Album Instructions
B. Children
C. Residence
D. Joint assets	Joint ownership of assets: Many of these documents are related to bank or other financial accounts you have (or had) together. Provide the records–from the account opening records (e.g., application) to the current account statement. It can also be helpful to show that for a financial account held by one spouse the other is named as beneficiary upon the owner’s death. Submit a copy of the account profile showing both of your names and the account #.
E. Joint financial liabilities	Any documents showing you have purchased things together (e.g., vehicles, home appliances), taken on debt together, or transferred funds from one to the other.   This includes co-signing for the other spouse’s loans.
F. Insurance	If you have had joint insurance, or if one spouse has insurance naming the other as a beneficiary, provide the records. This may include: * Insurance cards * Statement of benefits/coverage * The account opening records (e.g., application, quote, enrolment form) * bills/account statements
G. Taxes
H. Engagement
I. Wedding	Wedding-related documents, including documents related to a bridal shower or bachelor’s party
J. Travel	Travel together or to see each other
K. Legal
L. Employment
M. Communications History	Combine your 10-20 most persuasive communications demonstrating the good faith marriage into a single PDF document showing the communications in chronological order.   Types of communications: * Letters and cards (with envelopes, if possible) * Social media postings (e.g., Facebook, WeChat moments) * Emails * Chat messages (e.g., SMS, Skype, WeChat) Etc.   Content of communications: * One spouse’s communications with the other spouse’s relatives * Fiancées or their families discussing wedding plans * Fiancées discussing plans to move in together * Couple discussing buying a house * One spouse telling a friend about a recent trip the couple took * Invitation for the couple to attend an event Christmas card addressed to the couple * Etc.   Check to make sure these communications don’t mention any illegal or improper conduct or private details that you don’t want to share with the government.
N. U.S. Armed Services
O. Religious
P. Name Change	If either spouse has changed their name based on the marriage (for example, from a maiden name to their spouse’s surname), provide evidence that you notified others of the name change, such as:   * Employers * Schools * Post Office (via change of address form) * Department of Motor Vehicles * Social Security Administration * Internal Revenue Service * State Taxing Authority * Banks and Other Financial Institutions * Creditors and Debtors * Telephone and Utility Companies * Insurance Agencies * Registrar of Voters * Passport Office * Public Assistance (Welfare) Office * Veterans Administration
Q. Miscellaneous	These are documents, which together with other documents, may show a shared address, home phone number, family name (if the wife has taken the husband’s family name), or spousal relationship.

USCIS Filing Fees

Filing Fee Amount: The amount of USCIS filing fees due should be shown in your Documents List. This amount is calculated based on the USCIS Fee Schedule and the USCIS Fee Calculator.

Payment Methods: We will ask you in your Client Questionnaire which payment method you prefer:

• Option 1: Pre-pay to the law firm. The firm will then pay USCIS.
• Option 2: Pay by credit card using Form G-1450, Authorization for Credit Card Transactions. Notes:
  • Credit card must be issued by a U.S. bank and have a U.S. billing address.
  • We strongly recommend that you call your credit card company to tell them to expect charge(s) from the USCIS so that the transaction is not flagged as potentially fraudulent. (This is especially important if you live outside the United States or you are paying multiple fees to USCIS). USCIS will run the credit card only one time and will reject your application or petition if the card is declined.

Forms Review and Signature

Step 1: Review

You can open documents with the .pdf file extension with the free Adobe Acrobat Reader DC program. (Download in English or Chinese).

Please review to ensure that all data is accurate. You are more likely to get a good result in your case if you take the time to ensure you file accurate forms.

Note: Forms are filed with the government under penalty of perjury. It may be a crime to falsify or conceal a material fact. And willful misrepresentations may render a noncitizen permanently ineligible for immigration benefits.

Step 2: Propose any Changes

To let our firm know of proposed changes, either

• If you feel comfortable using Adobe Acrobat Reader, add comment bubbles with your proposed changes to the PDF(s), upload them to your client portal, and let us know they are ready for review; or

• Paste the below table into a message, fill it in, and send it to me:

Form # or Document Name	Page #	Part # (if any)	Item # (if any)	Proposed Change

Then, we will give you my feedback and make agreed changes.

Step 3: Print

Print out just the page(s) to be signed onto A4- or letter-sized paper.

Step 4: Sign

Sign by hand with a pen. (Digital signatures are not acceptable on USCIS forms).

Use your regular signature, regardless of whether that is in English letters or a foreign language.

Step 5: Upload to Client Portal

Next, scans the signed page(s). Check to be sure they scan(s) are clear. Upload the scan(s) to the “Upload Documents” section of the Client Portal.