Immigration Checklist: What our law office generally recommends

Franchesco Fickey Martinez • June 10, 2024

Documents! Documents! Documents!


US Immigration Filings REQUIRE documentation to establish eligibility and confirm the information provided and what resulted in a background check. Without documents, nothing is believed. Without documents, an immigration filing can be Rejected, RFE-ed/Delayed, or Denied.


This post will break the Immigration Process down into 3 main time periods: Filings generally before a Green Card, Filings to get a Green Card, and what comes after a Green Card is in hand.


Below please find numerous recommended Checklist:

Prior to Green Card or other filings:

  • DACA Renewal or Other EAD Checklist

    1. Your 2in x 2in – Passport-Styled Photo
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] I-94 Lawful Entry Record, if any
    6. [ID] Any past Employment Authorization Cards (EAD Cards)
    7. [ID] Your Military Dependent ID, if any
    8. [Name] Your Birth Certificate [ Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/ ]
    9. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
    10. [Name] Your Name Change Court Record
    11. [Name] Any US Social Security Cards
    12. [Civil Status] Your Current Marriage Certificate, if any
    13. [Civil Status] Your Divorce Decrees, if any
    14. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    15. [Criminal Screening] Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    16. Beneficiary’s Court Records, if any
    17. Beneficiary’s Police Records, if any
    18. Beneficiary’s Prison Records, if any
    19. Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    20. Any Deportation Court Records
    21. [Employment] Your 1040 Tax Returns for the most recent years
    22. [Employment] Your W-2/1099 for most recent tax year
    23. [IF MALE in the US between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • Military PIP Checklist

    1. Service Member or Veteran’s 2in x 2in – Passport-Styled Photo
    2. Your Spouse, Minor Child, or Parent’s 2in x 2in – Passport-Styled Photo
    3. Your Spouse, Minor Child, or Parent’s Valid and Unexpired Foreign Passport
    4. All Birth Certificates (Mandatory)
    5. Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    6. Service Member or Veteran’s Current Marriage Certificate, if any
    7. (If filing for a Parent) Parent’s Current Marriage Certificate, if any
    8. Service Member or Veteran’s Divorce Decrees, if any
    9. (If filing for a Parent) Parent’s Divorce Decrees, if any
    10. Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage
    11. (If filing for a Parent) Parent’s Death Certificates of Prior Spouses, if terminated Marriage
    12. Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    13. -- Beneficiary’s Court Records, if any
    14. -- Beneficiary’s Police Records, if any
    15. -- Beneficiary’s Prison Records, if any
    16. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    17. Any Deportation Court Records
    18. Service Member or Veteran’s Naturalization Certificate, if any
    19. Service Member or Veteran’s US Passport, if any
    20. Any US Social Security Cards
    21. Any US Visas, if any
    22. I-94 Lawful Entry Record, if any
    23. Foreign Military Records, if any
    24. Any previously Provided Employment Authorization Cards (EAD Cards)
    25. Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)
    26. Service Member or Veteran’s Military ID, if any
    27. Any Military Dependent ID, if any
    28. Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    29. Service Member’s RED Report or SGLI or DD-93 (Army)
    30. Service Member or Veteran’s – All DD-214
    31. Veteran’s VA Award Letter, if military disabled
    32. Service Member or Veteran’s 1040 Tax Returns for the most recent years
    33. Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    34. Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory)
    35. Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory)
    36. Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits
    37. [IF MALE in the US between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • Military DA Checklist

    1. Service Member or Veteran’s 2in x 2in – Passport-Styled Photo
    2. Your Spouse, Minor Child, or Parent’s 2in x 2in – Passport-Styled Photo
    3. Your Spouse, Minor Child, or Parent’s Valid and Unexpired Foreign Passport
    4. All Birth Certificates (Mandatory)
    5. Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    6. Service Member or Veteran’s Current Marriage Certificate, if any
    7. (If filing for a Parent) Parent’s Current Marriage Certificate, if any
    8. Service Member or Veteran’s Divorce Decrees, if any
    9. (If filing for a Parent) Parent’s Divorce Decrees, if any
    10. Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage
    11. (If filing for a Parent) Parent’s Death Certificates of Prior Spouses, if terminated Marriage
    12. Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed
    13. -- Beneficiary’s Court Records, if any
    14. -- Beneficiary’s Police Records, if any
    15. -- Beneficiary’s Prison Records, if any
    16. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    17. Any Deportation Court Records
    18. Service Member or Veteran’s Naturalization Certificate, if any
    19. Service Member or Veteran’s US Passport, if any
    20. Any US Social Security Cards
    21. Any US Visas, if any
    22. I-94 Lawful Entry Record, if any
    23. Foreign Military Records, if any
    24. Any previously Provided Employment Authorization Cards (EAD Cards)
    25. Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)
    26. Service Member or Veteran’s Military ID, if any
    27. Any Military Dependent ID, if any
    28. Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    29. Service Member’s RED Report or SGLI or DD-93 (Army)
    30. Service Member or Veteran’s – All DD-214
    31. Veteran’s VA Award Letter, if military disabled
    32. Service Member or Veteran’s 1040 Tax Returns for the most recent years
    33. Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    34. Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory)
    35. Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory)
    36. Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits

  • Military IMMVI Checklist

    A little more information on IMMVI can be found here: 


    www.fickeymartinezlaw.com/immigration/2022-military-immigration-option-immigrant-military-members-and-veterans-initiative-immvi/


    NOTE: IF HIRING OUR OFFICE, IT IS RECOMMENDED TO HAVE ALL OF THE FOLLOWING DOCUMENTS ON HAND AND ABLE TO PROVIDE IT TO OUR OFFICE WITHIN 24 HOURS OF HIRING. FILINGS WITH ALL DOCUMENTS PROVIDED CAN BE SUBMITTED WITHIN 3-7 BUSINESS DAYS (PAYMENT CLEARING IS A BIG FACTOR).


    Every supporting documents plays a roll in the IMMVI Filing. Any Foreign Document not in English MUST be Translated to English. Our Office recommends Military One Source or Montesino Translation.


    Documents are segregated by their intended purpose.


    Passport-Style Photos: [NOTE: Passport-Style Photos are selfies with a white background, no hat, no glasses, hair behind the ear, and matching the following US Government Guidance: https://travel.state.gov/content/travel/en/passports/how-apply/photos.html ]


    Service Member or Veteran’s 2in x 2in – Passport-Styled Photo [MANDATORY]

    Your Spouse Minor Child’s 2in x 2in – Passport-Styled Photo [MANDATORY]

    Identification Cards, and Proof of Name and Nationality:


    Your Spouse or Minor Child’s Valid and Unexpired Foreign Passport [MANDATORY]

    All Birth Certificates [MANDATORY]

    Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) [MANDATORY]

    Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/

    Any Proof of Legal Name Change [MANDATORY]

    Service Member or Veteran’s Naturalization Certificate, if any [MANDATORY]

    Service Member or Veteran’s US Passport, if any [MANDATORY]

    Any US Social Security Cards

    Any US IDs (e.g. State ID, Driver’s License, etc.)

    Any US Visas, if any

    I-94 Lawful Entry Record, if any

    Any Previously Provided Employment Authorization Cards (EAD Cards)

    Any I-9 Form (If you ever worked illegally or without authorization. If you have an Illegal employment history, notify the law firm immediately since this can cause a bar on eligibility and make you deportable)

    Civil Status [MANDATORY]: If a prior Marriage ever existed, the marriage to the prior spouse MUST have a divorce decree, annulment decree, or death certificate. If currently married with prior marriages, the ONLY way the current marriage can be recognized is by PROVING each and every prior marriage is “terminated.”


    Service Member or Veteran’s Current Marriage Certificate, if any [MANDATORY]

    Service Member or Veteran’s Divorce Decrees, if any [MANDATORY]

    Service Member or Veteran’s Death Certificates of Prior Spouses, if terminated Marriage [MANDATORY]

    Beneficiary’s Divorce Decree(s), if any [MANDATORY]

    Beneficiary’s Death Certificates of Prior Spouses, if terminated Marriage [MANDATORY]

    Criminal Check:


    Police Clearance for EVERY COUNTRY ever lived in for more than 6 months AFTER THE AGE OF 16: Immigration Guidance found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html [Note: if the police certificate is not in English, it should be translated to English: Military One Source or Montesino Translation ] Note: No Police Record Certificate Requests can take a few weeks or months, depending on country, and such certificates CAN BE TAKEN TO THE CONSULATE/EMBASSY.

    Any Court Records or Police Records for any crimes by the Immigrating Spouse, Minor Child, or Parent, regardless of the crime being dismissed, expunged, and sealed [MANDATORY if Criminal History]

    Beneficiary’s Court Records, if any

    Beneficiary’s Police Records, if any

    Beneficiary’s Prison Records, if any

    Beneficiary’s FBI Record Search and/or Fingerprint Card [MANDATORY IF BENEFICIARY HAS EVER BEEN IN THE US ILLEGALY]

    Any Deportation Court Records [MANDATORY if deported or ever in deportation court]

    Military Records:


    Service Member or Veteran’s Military ID, if any [MANDATORY]

    Any Military Dependent ID, if any [MANDATORY]

    Service Member’s Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB) [MANDATORY]

    Service Member’s RED Report or SGLI or DD-93 (Army)

    Service Member or Veteran’s – All DD-214 [MANDATORY]

    Foreign Military Records, if any (uncommon, but possible for Naturalized Service Member from Mandatory Conscription Countries)

    Financial Records for I-134:


    Service Member or Veteran’s 1040 Tax Returns for the most recent years. If you haven’t filed your 1040 for the most recent year, then see the next item. [MANDATORY]

    Service Member or Veteran’s IRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ ) If you haven’t filed your 1040, the IRS will have a Record of “non-filing” for the past 4 years available for download. [MANDATORY]

    Service Member or Veteran’s W-2 and 1099 for most recent tax year (Mandatory) [MANDATORY]

    Service Member or Veteran’s LES/ Paystubs for the past 12 months (Mandatory) [MANDATORY]

    VA Records for “Urgent Humanitarian” or “Significant Public Interest” Requirement [MANDATORY]:


    If Disabled Veteran, VA Disability (monthly) Award Letter. Electronic Copy located at: https://eauth.va.gov/accessva/?cspSelectFor=ebenefits [MANDATORY]

    If Disabled Veteran, VA disability rating letter or screenshot of rating located at: https://eauth.va.gov/accessva/?cspSelectFor=ebenefits [MANDATORY]

    If Disabled Veteran, VA medical records download it from: https://www.va.gov/health-care/get-medical-records/ [MANDATORY]

    If Veteran receiving VA Disability and/or Military Retirement , then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits [MANDATORY]

    If veteran with other (non-VA) medical-related issues, medical record from civilian doctor and a letter from the doctor’s office summarizing medical issues [MANDATORY]

    Note: VA Records are used to establish proof for the “Urgent Humanitarian” or “Significant Public Interest” Requirement. More Information can be seen here: /immigration/immvi/immvi-how-to-prove-urgent-humanitarian-reason-or-significant-public-benefit/ [MANDATORY]

    [MANDATORY]  Items are items that are required in order to submit the IMMVI Request. You CANNOT submit now and send later. Failure to provide Mandatory Items leads to Rejection (Delay), Denial (Loss of Money and Delay), or Request for the items by USCIS (Delay).

  • Colombian J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse [ Note: If  Colombian , Birth Certificate MUST be Front and Back, from the Civil Registry. More Guidance found here:  https://www.fickeymartinezlaw.com/immigration/consular-processing/us-immigration-requirements- colombia -birth-marriage-divorce-and-police-certificates/ ]
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

  • Jamaican J1 NOS Checklist

    It is important to note that Jamaica requires all ID, Certificates, and Government documents sent to the Jamaican Government to be Notarized/Notarised True Copies. The following is a list of documents normally required:

    1. Updated Resume of the J1
    2. Birth Certificates for the J1, any children, and spouse
    3. Your Marriage Certificate, if married
    4. Any Foreign Passport
    5. J1 and J2 Visas
    6. Any US Passport
    7. I-94 Lawful Entry Record (Found on CBP Website)
    8. ALL DS-2019 (for J1/J2)
    9. TRN Card and/or Jamaican Driver's License

    The DOS may also request:


    1. Your Divorce Certificate, if divorced
    2. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    3. Any US Driver’s License
    4. Any/All US Visas

  • Brazilian J1 NOS Checklist

    1. No Objection Statement or Repayment Confirmation letter for any Government or Organization Funds received with regards to receiving the J1 Visa
    2. Birth Certificates for the J1, any children, and spouse
    3. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    4. Your Marriage Certificate, if married
    5. Any Foreign Passport
    6. Any US Visas
    7. Any US Passport
    8. I-94 Lawful Entry Record (Found on CBP Website)
    9. ALL DS-2019 (for J1/J2)
    10. Any Cedula/Matricula Cards

    The DOS may also request:


    1. Your Divorce Certificate, if divorced
    2. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    3. Any US Driver’s License
    4. Any/All US Visas

  • Costa Rican J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

  • Venezuelan J1 NOS Checklist

    1. Birth Certificates for the J1, any children, and spouse
    2. Translation of Foreign Birth/Marriage/Divorce Certificates, if not in English (recommend Military One Source or Montesino Translation )
    3. Your Marriage Certificate, if married
    4. Your Divorce Certificate, if divorced
    5. Prior Spouse’s Death Certificate, if prior spouse died during marriage
    6. Any Foreign Passport
    7. Any US Visas
    8. Any US Passport
    9. Any US Driver’s License
    10. I-94 Lawful Entry Record (Found on CBP Website)
    11. ALL DS-2019 (for J1/J2)
    12. Any Cedula/Matricula Cards

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  • J1 Exceptional Hardship Checklist (Common for Philippines)

    First, it may be beneficial to understand the Hardship Waiver more thoroughly, before reviewing the checklist: /immigration/the-j1-exceptional-hardship-waiver-form-i-612-brief-summary/


    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] I-94 Lawful Entry Record, if any
    5. [ID] Any past Employment Authorization Cards (EAD Cards)
    6. [ID] Your Spouse’s Miltary or VA ID, if any
    7. [ID] Your Military Dependent ID, if any
    8. [US Citizen Document]  Your Spouse’s US Passport, if any
    9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    10. [Name] Your Birth Certificate
    11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    12. [Name] Your Name Change Court Record
    13. [Name] Any US Social Security Cards
    14. [Civil Status] Your Current Marriage Certificate, if any
    15. [Civil Status] Your Divorce Decrees, if any
    16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    17. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    18. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    19. [Military] Service Member or Veteran’s – All DD-214
    20. [Military] Veteran’s VA Award Letter, if military disabled
    21. [Financial] Your Spouse’s 1040 Tax Returns for the most recent years
    22. [Financial] Your Spouse’sIRS Transcripts for the most recent years (Guidance Found Here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
    23. [Financial] Your Spouse’s W-2 and 1099 for most recent tax year
    24. [Financial] Your Spouse’s LES/ Paystubs for the past 12 months 
    25. [Financial] Veteran – If receiving VA Disability, Military Retirement, or any retirement, then please provide 12 months of Paystubs/Proof of Income and/or the statements of the Bank Account receiving the Direct Deposits
    26. The Hardship will need to be explained and backed up by evidence. For instance, if pursuing a Medical-related or Psychological-related hardship, the Civilian or VA Hospital Records would be required.

  • I-129F K1 Fiance Petition

    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] I-94 Lawful Entry Record, if any
    5. [ID] Any past Employment Authorization Cards (EAD Cards)
    6. [ID] Your Spouse’s Miltary or VA ID, if any
    7. [US Citizen Document] US Passport (Mandatory IF physical meeting with Fiance occurred abroad)
    8. [US Citizen Document] Naturalization Certificate, if any
    9. [Name] Both Fiance Birth Certificates and any minor children that are using K2 Dependent Visa
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) - Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Any Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Divorce Decrees, if any
    14. [Civil Status] Death Certificates of Prior Spouses, if terminated Marriage
    15. [Filipino/a Civil Status] CENOMAR
    16. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    17. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    18. [Military] Service Member or Veteran’s – All DD-214
    19. [Military] Veteran’s VA Award Letter, if military disabled
    20. Mandatory K1 Intent Letter for US Citizen
    21. Mandatory K1 Intent Letter for Foreign Fiance

    Template for K1 Intent Letter can be seen here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/fiance-letter-of-intent-template



    Mandatory Relationship Proving Documents, a Guide can be seen here: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/i-129f-fiance-visa-how-to-prove-your-relationship-to-uscis

Filings to get a Green Card:

Adjustment of Status (AOS)

Category 1: Government Issued Documents

  1. [ID] US Driver’s License or State ID
  2. [ID] Your Valid and Unexpired Foreign Passport
  3. [ID] Any US Visas, if any
  4. [ID] I-94 Lawful Entry Record, if any
  5. [ID] Any past Employment Authorization Cards (EAD Cards)
  6. [ID] Your Spouse’s Miltary or VA ID, if any
  7. [ID] Your Military Dependent ID, if any
  8. [US Citizen Document] Your Spouse’s US Passport, if any
  9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
  10. [Name] Your Birth Certificate
  11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) [Our Guidance on Many Frequent Foreign Birth Certificates can be found here: /immigration/our-guidance-on-many-frequent-foreign-birth-certificates/]
  12. [Name] Your Name Change Court Record
  13. [Name] Any US Social Security Cards
  14. [Civil Status] Your Current Marriage Certificate, if any
  15. [Civil Status] Your Divorce Decrees, if any
  16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
  17. [IF MALE in the US between  the ages of 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/ [If 26 and older, but was in the US when younger, SSS registration is/was mandatory by law. SSS Status Letters can be requested here: https://www.sss.gov/status-information-letter-sil/]


Category 2: Bona Fide Evidence

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

  1. 50 to 100 family photos
  2. vaccination records that name the parent or show the shared address
  3. school records that name the parent or show the shared address

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here:

Category 3: Military Documents

  1. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
  2. [Military] Service Member RED Report or SGLI or DD-93 (Army)
  3. [Military] Service Member or Veteran’s – All DD-214
  4. [Military] Veteran’s VA Award Letter, if military disabled

Category 4: Financial Documents

  1. US Citizen’s 1040 Tax Returns for the most recent years
  2. US Citizen’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
  3. US Citizen’s W-2 and 1099 for most recent tax year
  4. US Citizen’s LES/ Paystubs for the past 12 months
  5. US Citizen’s 1040 and IRS Tax Return Transcripts for the tax filing 2 years ago and 3 years ago

Further Guidance:

 Category 5: I-693 Immigration Medical

USCIS requires an I-693 Immigration Medical for any Green Card filing. Our recommendations can be seen here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/local-uscis-doctor-in-eastern-north-carolina-our-recommendation/

Consular Processing

Step 1: Government Issued Documents and Relationship Proof:

  1. [ID] US Driver’s License or State ID
  2. [ID] Your Valid and Unexpired Foreign Passport
  3. [ID] Any US Visas, if any
  4. [ID] I-94 Lawful Entry Record, if any
  5. [ID] Any past Employment Authorization Cards (EAD Cards)
  6. [ID] Your Spouse’s Miltary or VA ID, if any
  7. [ID] Your Military Dependent ID, if any
  8. [US Citizen Document]  Your Spouse’s US Passport, if any
  9. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
  10. [Name] Your Birth Certificate
  11. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
  12. [Name] Your Name Change Court Record
  13. [Name] Any US Social Security Cards
  14. [Civil Status] Your Current Marriage Certificate, if any
  15. [Civil Status] Your Divorce Decrees, if any
  16. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
  17. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
  18. [Military] Service Member RED Report or SGLI or DD-93 (Army)
  19. [Military] Service Member or Veteran’s – All DD-214
  20. [Military] Veteran’s VA Award Letter, if military disabled

If filing for a Minor Child or Parent, the following would be helpful to prove a continued relationship:

  1. 50 to 100 family photos
  2. vaccination records that name the parent or show the shared address
  3. school records that name the parent or show the shared address

However, for Marital Evidence, Spouses MUST provide as much as possible. Further guidance/ideas found here: www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/

Step 2: Financial Docum ents, Police Certificates, and other Eligibility Items

  1. US Citizen’s 1040 Tax Returns for the most recent years
  2. US Citizen’s IRS Transcripts for the most recent years (Guidance Found Here: www.fickeymartinezlaw.com/immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ )
  3. US Citizen’s W-2 and 1099 for most recent tax year
  4. US Citizen’s LES/ Paystubs for the past 12 months
  5. US Citizen’s 1040 and IRS Tax Return Transcripts for the tax filing 2 years ago and 3 years ago
  6. Police Certificates for every country the immigrant has ever resided in for more than 6 months after the age of 16. Guidance can be found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
  7. Foreign Military Records for the Immigrant
  8. Any Court Records for the Immigrant

Further Guidance:

After a Green Card is in hand:

  • I-751 Removal of Conditions

    The focus of any I-751 filing is Marital Evidence after receiving the Green Card. The following takes the highest priority in the I-751 Process:

    1. [Mandatory] FRONT AND BACK COPY OF THE GREEN CARD
    2. joint tax returns
    3. joint bills, such as electric, cell phone, water, etc.
    4. joint bank accounts, whether savings, checking, CDs or the like
    5. joint car insurance
    6. joint debt, such as home loans, car loans, or credit cards
    7. joint deeds to land or title to cars and trailers
    8. joint leases
    9. gym memberships
    10. photos together
    11. plane tickets for trips taken together
    12. wills, power of attorneys, advance directives, and life insurances (if they name the spouse as beneficiary)
    13. communication logs, such as Skype, Whatapp, Viber, calls, and texts
    14. baby’s Birth Certificate or Proof of Pregnancy, like an ultrasound or OBGYN Documents
    15. Amazon Order History for the past 2 years

    USCIS may also request:


    1. [ID] US Driver’s License or State ID
    2. [ID] Your Valid and Unexpired Foreign Passport
    3. [ID] Any US Visas, if any
    4. [ID] Your Spouse’s Miltary or VA ID, if any
    5. [ID] Your Military Dependent ID, if any
    6. [US Citizen Document]  Your Spouse’s US Passport, if any
    7. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    8. [Name] Your Birth Certificate
    9. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation )
    10. Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    17. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    18. [Military] Service Member or Veteran’s – All DD-214
    19. [Military] Veteran’s VA Award Letter, if military disabled
    20. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • N-400 Naturalization based on: 3 years of Marriage

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] Your Spouse’s Miltary or VA ID, if any
    6. [ID] Your Military Dependent ID, if any
    7. [US Citizen Document]  Your Spouse’s US Passport, if any
    8. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    9. [Name] Your Birth Certificate
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    17. [Family Records] Birth Certificate of any children, if any
    18. [Family Records] Custody and Child Support Orders, if any
    19. [Tax History] The Past 3 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    20. [Foreign Military] Your prior foreign military record, if prior foreign military
    21. [Marriage Proof] joint bills, such as electric, cell phone, water, etc.
    22. [Marriage Proof] joint bank accounts, whether savings, checking, CDs or the like
    23. [Marriage Proof] joint car insurance
    24. [Marriage Proof] joint debt, such as home loans, car loans, or credit cards
    25. [Marriage Proof] joint deeds to land or title to cars and trailers
    26. [Marriage Proof] joint leases
    27. [Marriage Proof] baby’s Birth Certificate or Proof of Pregnancy, like an ultrasound or OBGYN Documents
    28. [Marriage Proof] Amazon Order History for the past 2 years
    29. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    30. -- Beneficiary’s Court Records, if any
    31. -- Beneficiary’s Police Records, if any
    32. -- Beneficiary’s Prison Records, if any
    33. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    34. -- Any Deportation Court Records
    35. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • N-400 Naturalization based on: 5 Years

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [ID] US Driver’s License or State ID
    3. [ID] Your Valid and Unexpired Foreign Passport
    4. [ID] Any US Visas, if any
    5. [ID] Your Spouse’s Miltary or VA ID, if any
    6. [ID] Your Military Dependent ID, if any
    7. [US Citizen Document]  Your Spouse’s US Passport, if any
    8. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    9. [Name] Your Birth Certificate
    10. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    11. [Name] Your Name Change Court Record
    12. [Name] Any US Social Security Cards
    13. [Civil Status] Your Current Marriage Certificate, if any
    14. [Civil Status] Your Divorce Decrees, if any
    15. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    16. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    17. [Family Records] Birth Certificate of any children, if any
    18. [Family Records] Custody and Child Support Orders, if any
    19. [Tax History] The Past 5 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    20. [Foreign Military] Your prior foreign military record, if prior foreign military
    21. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    22. -- Beneficiary’s Court Records, if any
    23. -- Beneficiary’s Police Records, if any
    24. -- Beneficiary’s Prison Records, if any
    25. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    26. -- Any Deportation Court Records
    27. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • 319(b) Expedited N-400 Naturalization based on Spouse being Active Duty or DOD Contractor and stationed abroad for more than 1 year

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [Military] Signed DD-1278
    3. [Military] Accompanying Orders abroad or Support Letter from DOD HR
    4. [Support] A few sentence letter from the Green Card Holder stating the plan to live abroad with the Active Duty or DOD Contractor Spouse
    5. [ID] US Driver’s License or State ID
    6. [ID] Your Valid and Unexpired Foreign Passport
    7. [ID] Any US Visas, if any
    8. [ID] Your Spouse’s Miltary or VA ID, if any
    9. [ID] Your Military Dependent ID, if any
    10. [US Citizen Document]  Your Spouse’s US Passport, if any
    11. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    12. [Name] Your Birth Certificate
    13. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    14. [Name] Your Name Change Court Record
    15. [Name] Any US Social Security Cards
    16. [Civil Status] Your Current Marriage Certificate, if any
    17. [Civil Status] Your Divorce Decrees, if any
    18. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    19. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    20. [Tax History] The Past 3 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    21. [Foreign Military] Your prior foreign military record, if prior foreign military
    22. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    23. -- Beneficiary’s Court Records, if any
    24. -- Beneficiary’s Police Records, if any
    25. -- Beneficiary’s Prison Records, if any
    26. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    27. -- Any Deportation Court Records
    28. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

  • Military N-400 Naturalization

    1. [Green Card] FRONT AND BACK COPY OF THE GREEN CARD
    2. [Military] Signed DD-1278
    3. [Military] Service Member Military Orders (i.e. NAVMC 118.3 Chronological Orders or SRB)
    4. [Military] Service Member RED Report or SGLI or DD-93 (Army)
    5. [Military] Service Member or Veteran’s – All DD-214
    6. [Military] Veteran’s VA Award Letter, if military disabled
    7. [ID] US Driver’s License or State ID
    8. [ID] Your Valid and Unexpired Foreign Passport
    9. [ID] Any US Visas, if any
    10. [ID] Your Spouse’s Miltary or VA ID, if any
    11. [ID] Your Military Dependent ID, if any
    12. [US Citizen Document]  Your Spouse’s US Passport, if any
    13. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    14. [Name] Your Birth Certificate
    15. [Name] Translation of Foreign Birth Certificate, if not in English (recommend Military One Source or Montesino Translation ) Our Guidance on Many Frequent Foreign Birth Certificates can be found here: www.fickeymartinezlaw.com/immigration/our-guidance-on-many-frequent-foreign-birth-certificates/
    16. [Name] Your Name Change Court Record
    17. [Name] Any US Social Security Cards
    18. [Civil Status] Your Current Marriage Certificate, if any
    19. [Civil Status] Your Divorce Decrees, if any
    20. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    21. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    22. [Tax History] The Past 5 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    23. [Foreign Military] Your prior foreign military record, if prior foreign military
    24. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    25. -- Beneficiary’s Court Records, if any
    26. -- Beneficiary’s Police Records, if any
    27. -- Beneficiary’s Prison Records, if any
    28. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    29. -- Any Deportation Court Records
    30. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

 

Disclaimer:  This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

December 2, 2025 USCIS Policy Memorandum: Hold/Pause of all Pending USCIS Benefit Applications Filed by Aliens from High-Risk Countries

By Franchesco Fickey Martinez • January 23, 2026
On December 2, 2025, USCIS Policy Memorandum (PM-602-0192) titled: Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries, was published. The Policy had three (3) Goals: Place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), Place a hold on pending benefit requests for aliens from countries listed in Presidential Proclamation (PP) 10949 Conduct a comprehensive re-review of approved benefit requests for aliens from countries listed in PP 10949 who entered the United States on or after January 20, 2021. 38 Countries are directly affected by this policy pause, and the list is as follows: Afghanistan Angola Antigua and Barbuda Benin Burma (Myanmar) Burkina Faso Burundi Chad Cuba Cote d'Ivoire Republic of the Congo Dominica Equatorial Guinea Eritrea Gabon The Gambia Haiti Iran Laos Libya Mali Malawi Mauritania Niger Nigeria Sierra Leone Somalia South Sudan Sudan Syria Senegal Tanzania Togo Tonga Venezuela Yemen Zambia Zimbabwe This Policy Memo Directly affects: Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-90 (Application to Replace Permanent Resident Card (Green Card)), Form N-470 (Application to Preserve Residence for Naturalization Purposes), Form I-751, (Petition to Remove Conditions on Residence), and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records). Additionally, if pausing Green Card-related functions, Naturalization and Citizenship Benefits may also be slightly affected, as they build on lawful permanent residence and Aliens naturalizing in 2026 may have entered after January 20, 2021. This Policy Memo is only "active" for a 90-day period, and set to expire around the end of February. The Memo states: USCIS will prioritize a list for review, interview, re-interview, and referral to ICE and other law enforcement agencies as appropriate, and, in consultation with the Office of Policy and Strategy and the Fraud Detection and National Security Directorate, issue operational guidance. The USCIS Policy Memo can be seen here for reference:

2026 US Immigration Ban of 75 Countries

By Franchesco Fickey Martinez • January 15, 2026
US Immigration Bans have been a common occurance in recent decades. The first fact is that "Bans" change, the list of countries can change quickly. The January 14, 2026 US Immigration Ban changed/or added to the January 1, 2026 US Immigration Ban List. A matter of 2 weeks and the list of countries went from 39 to 75. Now, no one can see the future. The listed countries can be added and removed without prior notice. And, possibly the biggest misnomer, can a country listed on the "Ban List" still immigrate? The answer is: possibly, it depends. The policies change frequently, but if we turn to history, the following were common: exemptions for special classes of immigrants, like spouses of US Citizens and Parents/Children of US Citizens. extra vetting for banned countries, like how the DS-5535 was utilized in 2019 Here are a few examples of past Immigration Bans: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/k-1-fiance-visas-are-they-banned-in-2020 https://www.fickeymartinezlaw.com/immigration/summary-of-the-april-23-2020-60-day-immigration-ban-by-proclamation-proclamation-suspending-entry-of-immigrants-who-present-risk-to-the-u-s-labor-market-during-the-economic-recovery-following-the-covi At the writing of this article, details are lacking, exemptions are not explained, and vetting procedures are still being drafted. What we do know is the list of countries being affected for the time being: Afghanistan Albania Algeria Antigua and Barbuda Armenia Azerbaijan Bahamas Bangladesh Barbados Belarus Belize Bhutan Bosnia Brazil Burma Cambodia Cameroon Cape Verde Colombia Cote d’Ivoire Cuba Democratic Republic of the Congo Dominica Egypt Eritrea Ethiopia Fiji Gambia Georgia Ghana Grenada Guatemala Guinea Haiti Iran Iraq Jamaica Jordan Kazakhstan Kosovo Kuwait Kyrgyzstan Laos Lebanon Liberia Libya Macedonia Moldova Mongolia Montenegro Morocco Nepal Nicaragua Nigeria Pakistan Republic of the Congo Russia Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Senegal Sierra Leone Somalia South Sudan Sudan Syria Tanzania Thailand Togo Tunisia Uganda Uruguay Uzbekistan Yemen Additionally, we know that the Embassies and Consulates have been instructed to STOP processing, interviewing, and approving immigrant visas from the affected countries AT THIS TIME. If you would like assistance in an immigration matter, please contact our office to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Why US Citizens SHOULD do a Utah Virtual Marriage when marrying and immigrating a Philippine Spouse

By Franchesco Fickey Martinez • December 4, 2025
Time! That is the short answer. The US Citizen will save time. Lets find the starting line of this topic. A US Citizen meets a filipina or filipino. They fall madly in love. Beautiful! The US Citizen will eventually come to the realization that a PLAN needs to be created. If the US Citizen wants the future spouse to immigrate to the US, plan, plan, plan. The most important part of any plan is the time element. Marrying takes time. In the US, we get a marriage license today, and can marry today. Think of the Las Vegas Marriages we always hear about, or what many call eloping. This is NOT the case abroad. Many countries require the US embassy to give foreign permission of a US Citizen to marry abroad. Lets be specific to the Philippines. In the Philippines, you need time, and time INSIDE of the Philippines. Imagine flying over 24 hours to the Philippines and having to tackle all of the following: Finally getting to hold your Fiancee/Girlfriend (Fun Item) You get to eat some more of the good Filipino Food (Fun Item) Your Fiancee (you might go too or they acquire PRIOR to your arrival) goes the PSA to get their CENOMAR, certificate of no marriage (Not Fun Item) You, the US Citizen, must go to an appointment (2 weeks advance planning needed) at the US Embassy or Consulate for something similar to the CENOMAR (Not Fun Item) Both Fiances, now you apply for the Marriage License, NOT the license yet, just the application to get the license. [Philippine law requires a ten-day waiting period from the filing of the application to the issuance of the marriage license. These ten (10) days are business days, not counting weekends or holidays.] Marriage License is finally in hand 2-3 weeks later Then, you are finally married. US Citizens usually require a minimum of 4-6 weeks IN THE PHILIPPINES, in order to tackle all of the Philippine Requirements. TIMING, lets return to that topic. Most US Citizens considering marrying in the Philippines, will plan or push off a marriage for months or 1-2 years. A 1-2 month trip abroad is a BIG commitment. Takes a lot of planning. Financially, costs a lot. - Now, to the topic at hand, Utah Virtual Marriage Option allows the US Citizen to marry almost instantly. You can marry while you are abroad in the Philippines or another country. The US Citizen can even marry while still in the US, and then fly to see their new spouse and go on a honeymoon. Timing is in the US Citizen's favor. The PLAN can be more focused on the relationship, having fun, enjoying the Philippines, versus running around to government buildings to slowly become married. Now, What is the Catch? There are 4 catches. First, for US Immigration purposes, USCIS REQUIRES after 2024/2025 the spouses to meet in person after marrying virtually and before filing the I-130. Now, if both spouses are in the Philippines during the virtual marriage, which we HIGHLY RECOMMEND, the in-person meeting is easily met. Why do we highly recommend marrying virtually while in the same country? Because it means more to the spouses, to family, and when the officiant says: You may now kiss the bride, you really want to be in person for the once-in-a-lifetime moment. Now, you can marry while separated, but before you start any I-130 filing, you MUST MUST MUST go meet in person first. Second, PLAN a renewal of vows, either back in the US or in your desired church. It is not a mandatory item, but a formality that is appreciated by friends and family. Third, REGISTER THE MARRIAGE! The process is seen here: https://www.fickeymartinezlaw.com/utah-virtual-marriage-and-the-philippines-psa-the-report-of-marriage-rom-process Fourth, consider changing the wife's name to the married name shortly after marriage. Don't wait for a few days before or after the visa interview. If the Philippine passport is updated to the married name, then the Immigration visa/Green Card will be updated to the married name. Consider reviewing our other popular Philippine Article: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Subject/Field Code Discussion for J1s subject to the 212(e) Special Skills List / 2-year Home Residency Requirement: Jamaica Focus

By Franchesco Fickey Martinez • November 14, 2025
The J1 Visa is an amazing cultural exchange visa for foreign professionals seeking to acquire US Experience within their profession. Many J1 professionals may find themselves SUBJECT to the INA 212(e) Special Skills List. This article will display the Subject/Field Codes that are SUBJECT for any J1 that is a Jamaican Citizen.

US Citizenship Acquired AT BIRTH from a Father: A Brief Discussion

By Franchesco Fickey Martinez • November 13, 2025
US Citizenship can be derived in a child from a US Citizen Father. The process of a father giving US Citizenship to a child comes in a few different ways. The main determining factor is whether the Father was married to the Mother at time of birth or not? Wedlock and Out-of-Wedlock Distinction: Whether a father is married or unmarried determines the ultimate requirements on whether a child derives US Citizenship from a Father. Unmarried/Our-of-Wedlock Requirements: More requirements exist for births that occur outside of a marriage. The US Government would require to see for births on/after 11/15/71: Child/father blood relationship established by clear and convincing evidence; Father must have been a U.S. citizen at the time of child’s birth; Father, unless deceased, must provide written statement under oath that he will provide financial support for child until s/he reaches 18; While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity in writing under oath, or paternity established by competent court. US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Married/In-Wedlock Requirements: Less requirements exist for births that occur inside of a marriage. The US Government would require to see for births on/after 11/14/1986: US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Why does marriage matter? A marriage legitimizes the birth of a child abroad. Legitimation is a legal concept that exists in the US and is a common concept that exists in foreign countries. The child tends to be the product OF THE MARRIAGE (when the parents are married to one another) versus being from random people or by people in a relationship that haven't reached the level of marriage. What Form or Forms utilize this information? Both the USCIS and DOS utilize the above information. For USCIS, it is processed in the N-600 filing and for DOS it is in the CRBA/Consular Report of Birth Abroad.  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

NC Court Records for Immigration Purposes: Usefulness of ECourts

By Franchesco Fickey Martinez • November 13, 2025
As of October 13, 2025, all 100 NC Counties have been placed in the ECourts System making online access to court records and services more efficient. Integration phases: From February 13, 2023 to October 13, 2025, NC Counties were converted to an online platform. The following map can help show how portions of the state completed the conversion.

Initial DACA Application in 2025: Requirements Summarized

By Franchesco Fickey Martinez • October 2, 2025
Although DACA is currently wrapped up in litigation in 2025, there always remains the possibility the the filing category may return in 2025. Here is a summary of the eligibility requirements and required documents. DACA Eligibility: To be eligible for DACA, an applicant must: Be born on or after June 16, 1981 ( be under 31 years old as of June 15, 2012 if what the law says) have continuously reside in the United States since June 15, 2007 , no leaving the US after that date have entered the United States before the age of 16 have graduated from high school in the United States or have a GED Diploma, or be in school for either have NOT been: charged, pled guilty to, been punished for, entered into deferred prosecution, been fined, or been convicted of: a felony (not an exhaustive list): murder/manslaughter robbery (with or without a dangerous weapon) assault with a Deadly Weapon rape and other sex offenses kidnapping arson felony child abuse attempted (any of the above) burglary breaking and Entering larceny embezzlement forgery perjury obstruction of justice identity theft fraud obtaining property by false pretense credit card fraud possession of a firearm certain misdemeanors, such as (examples): domestic violence female strangulation interfering with emergency communication assault (possible) battery (possible) sexual abuse or exploitation indecent liberties with a minor burglary theft (possible) worthless check (possible) unlawful possession or use of a firearm drug possession drug paraphernalia drug distribution or trafficking reckless driving no operators license (possible) driving under the influence; or three or more of ANY misdemeanors. Necessary Documentation: passport-style photo Proof of initial arrival before age 16 and documentation of continuous presence from June 15, 2007 to the present: foreign passport with entry stamps I-94 US Visas or border crossing card birth certificate of applicant medical records vaccination records school records religious records, like baptism certificate school ID tax filings (every year) DMV records social security records birth certificates of US children Proof of education: high school diploma GED proof of enrollment Evidence of identity: Consular ID Cedula or Matricula Card Foreign Driver's License U.S. government document marriage certificate(s) Divorce certificate(s) Annulments of any past marriages Death certificate(s) of past spouses Certified criminal records: any court records, even if dismissed or expunged any police records any traffic records any prison records FBI background check Local court record check Copy of any previous USCIS or Immigration filing. FOIA may be necessary. If you require assistance with the DACA process, please consider contacting our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Utah Virtual Marriage and the Philippines PSA: The Report of Marriage (ROM) process

By Franchesco Fickey Martinez • September 17, 2025
The ROM/Registry of Marriage in the Philippines for a Utah Virtual Marriage is processed by the Philippine Consulate in San Francisco California. This article will summarize the process, to hopefully make it more easily located on the internet, as many are confused, they see incorrect information online, or believe the virtual marriage is not valid in the Philippines. First, the Consulate's Website should be the FIRST STOP in this registration process. The website link can be found here: https://pcgsanfrancisco.org/civil-registry/ Second, Review the Registration form closely. IT MUST BE TYPED. DO NOT HANDWRITE. Link here:

How to prove a relationship to a Filipina for US Immigration Purposes (I-130 and I-129F)

By Franchesco Fickey Martinez • September 9, 2025
How to prove a relationship is real for purposes of the I-130 or I-129F Petition? This blog post will provide a few ideas on what USCIS is looking for in a petition filing. 

Philippine J1 Spouse and Military DA: An Unexplored Option

By Franchesco Fickey Martinez • August 14, 2025
The J1 Visitor Exchange visa program has a high number of Philippine Citizens, with the Philippines ranking in the Top 20 countries in the fields of J1 Teachers, J1 Intern of Hotel and Hospitality Management, and J1 Trainees. The Philippines is also one of a few countries that no longer aims to provide a J1 Waiver through the No Objection Statement Waiver process (a waiver option that was very accessible until the 2020 Moratorium and 2021 Philippine EVP Policy Change). As a result, many Philippine J1 Exchange Visitors (that were/are subject to the 212e Special Skills List) have to pursue either: a visa option back in the Philippines (after waiting 2 years) or an I-612 Exceptional Hardship (based on the hardship of a US Citizen or Lawful Permanent Resident Spouse or Child). This article will cover an "uncommon" intersection where a J1 may pursue Military Deferred Action (while the J1 waits for the 2+ year Hardship Waiver to be approved). Obvious Requirement: The J1 must either be married to or be the parent of a US Citizen that is in the US Military as an: Active Duty Reservist Veteran If this relationship requirement is met, then the J1 must meet a few other criteria: Overstay a J Visa (to qualify for Military DA, the J1 either intentionally or unintentionally must become "Out of Status.") Not be in another status in the US, such as a tourist or Green Card applicant Service Member must have served honorably or continue to serve honorably J Visa Holder MUST have a game plan on what comes next (after the Military DA) Our office is discussing this topic as it is commonly overlooked by BaseLegal or other immigration law firms. Military DA can work simultaneously with a J1 Waiver process. Military DA can help keep a J Visa Holder safe from deportation and may even permit Employment Authorization, a Driver's License, and Health Insurance (common necessities for J Visa Holders when a J Visa expires). Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.