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

    Button

  • 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:

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 or COPY OF IR-1/CR-1 IMMIGRANT VISA
    2. [Military] Signed DD-1278 (https://www.fickeymartinezlaw.com/ina-319-b-naturalization-form-dd-1278)
    3. [Military] Accompanying Orders abroad or Support Letter from DOD HR (Template: https://www.fickeymartinezlaw.com/ina-319-b-naturalization-template-commanding-officer-support-letter)
    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 (Template: https://www.fickeymartinezlaw.com/ina-319-b-naturalization-template-applicant-request-for-naturalization-under-ina-319-b)
    5. [Support] A few sentence letter from the  the Active Duty or DOD Contractor Spouse (Template : https://www.fickeymartinezlaw.com/ina-319-b-naturalization-template-government-employee-certification-letter)
    6. [ID] US Driver’s License or State ID
    7. [ID] Your Valid and Unexpired Foreign Passport
    8. [ID] Any US Visas, if any
    9. [ID] Your Spouse’s Miltary or VA ID, if any
    10. [ID] Your Military Dependent ID, if any
    11. [US Citizen Document]  Your Spouse’s US Passport, if any
    12. [US Citizen Document] Your Spouse’s Naturalization Certificate, if any
    13. [Name] Your Birth Certificate
    14. [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/
    15. [Name] Your Name Change Court Record
    16. [Name] Any US Social Security Cards
    17. [Civil Status] Your Current Marriage Certificate, if any
    18. [Civil Status] Your Divorce Decrees, if any
    19. [Civil Status] Your Death Certificates of Prior Spouses, if terminated Marriage
    20. [Civil Status] Your Spouse’s Previous Termination of Marriages (Divorce or Death Certificates)
    21. [Tax History] The Past 3 Years of your Tax History (1040 Tax return Form or IRS Transcript)
    22. [Foreign Military] Your prior foreign military record, if prior foreign military
    23. [Criminal Records]  Any Court Records or Police Records for any crimes, regardless of the crime being dismissed, expunged, and sealed
    24. -- Beneficiary’s Court Records, if any
    25. -- Beneficiary’s Police Records, if any
    26. -- Beneficiary’s Prison Records, if any
    27. -- Beneficiary’s FBI Record Search, if unknown how many crimes have occurred
    28. -- Any Deportation Court Records
    29. [IF MALE between 18 and 25] Selective Service System Registration: https://www.sss.gov/register/ or https://www.sss.gov/verify/

    Have you seen our Guide for Washington DC? INA §319(b) Naturalization Guide : Fairfax, Virginia / Washington, DC USCIS Field Office

  • 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.

INA §319(b) Naturalization: Template Applicant Request for Naturalization under INA 319(b)

By Franchesco Fickey Martinez • July 6, 2026
Sample Applicant Request for Naturalization Under INA § 319(b) Some USCIS field offices may ask the applicant to complete a brief written statement confirming that they understand that they are seeking naturalization under INA § 319(b) . The template is not readily available online. As such, our office is adding it to our website to make it more readily available to future applicants. If prepared in advance, the statement can be signed and presented to the USCIS officer at the interview. Otherwise, the officer may provide a similar form for the applicant to complete, which typically takes only a couple minutes. A sample declaration is provided below:

INA §319(b) Naturalization: Template Commanding Officer Support Letter

By Franchesco Fickey Martinez • July 5, 2026
Sample Commanding Officer Certification Letter for INA § 319(b) Naturalization The following is a sample certification that may be provided by a Commanding Officer, supervisor, or other authorized official in support of an N-400 Application for Naturalization filed under INA § 319(b) . Because sample letters of this nature are not readily available, we are providing this template as a resource. It is intended to address each of the principal eligibility requirements that USCIS may seek to verify regarding the qualifying government employee's overseas assignment. 

INA §319(b) Naturalization: Template Government Employee Certification Letter

By Franchesco Fickey Martinez • July 4, 2026
Sample Certification of Continued Qualifying Government Employment Because future employment assignments and contract renewals cannot always be guaranteed, a USCIS officer may request that the qualifying government employee who is currently stationed abroad, or is scheduled to be stationed abroad, provide a written certification confirming their continued qualifying employment and anticipated overseas assignment. The following is an example of a certification that may be used: 

INA §319(b) Naturalization Guide : Fairfax, Virginia / Washington, DC USCIS Field Office

By Franchesco Fickey Martinez • July 3, 2026
Based on our firm's experience handling INA §319(b) naturalization cases over the past decade, this guide is intended to help military families and qualifying U.S. government employees preparing for a naturalization interview at the Fairfax, Virginia (Washington, DC) USCIS Field Office. Although every case is unique and USCIS policies continue to evolve, the information below reflects recurring procedures, documentation requests, and practical recommendations that our office has observed during numerous §319(b) naturalization cases. 1. Why choose INA §319(b) instead of the traditional three-year marriage-based naturalization process? For many military families and qualifying U.S. government employees serving overseas, INA §319(b) offers significant logistical advantages. Unlike the standard three-year marriage-based naturalization process, INA §319(b): Does not require the applicant to satisfy the normal three-year continuous residence requirement. May allow biometrics to be completed outside the United States, depending on USCIS procedures at the time. Is generally processed on an expedited basis compared to standard naturalization filings. Often results in expedited oath ceremony scheduling because applicants typically need to return overseas shortly after naturalization. Another important advantage is location. The Fairfax, Virginia USCIS Field Office is located near Washington, D.C., where the U.S. Department of State operates a same-day emergency passport agency. Since a newly naturalized U.S. citizen must obtain a U.S. passport before traveling internationally as a U.S. citizen, this location can make post-naturalization travel considerably easier. 2. What types of government employment are commonly recognized under INA §319(b)? While eligibility is ultimately determined by USCIS and applicable law, we have commonly seen successful filings involving spouses of: Active Duty U.S. Military members Department of Defense (DoD) civilian employees Department of State (DOS) employees NATO employees serving in qualifying assignments 3. What additional documentation should applicants expect? One of the most common questions we receive is: "What documents should I bring beyond the normal naturalization requirements?" The answer has changed over the years. Some USCIS officers request only the documents necessary to establish eligibility, while others request substantially more supporting evidence. Our recommendation is to prepare for the more comprehensive review. Documentation we commonly recommend includes: Employment and Assignment Documentation DD Form 1278 executed at the time of filing Updated DD Form 1278 executed shortly before the naturalization interview Active Duty orders listing the spouse as accompanying, when applicable DD Form 1614 and DD Form 1617, if applicable Current government or military identification cards for both spouses SOFA documentation, when applicable Recent Leave and Earnings Statement (LES) or civilian pay statement confirming continued qualifying employment Command Certification We recommend obtaining a certification from the Commanding Officer (or appropriate supervisor) confirming: The qualifying government employment remains active. The assignment is expected to continue for at least one year. The applicant is authorized to accompany the government employee overseas. Many commands appreciate having a standardized template, which is why our office provides one separately. Applicant Statements Applicants should also be prepared to provide: A written statement confirming they intend to reside abroad with their government-employed spouse immediately after naturalization. Travel reservations, when available. A signed statement acknowledging they are applying under INA §319(b), remain married to the qualifying government employee, and understand USCIS may request additional documentation before approving the application. Additional Documentation Occasionally Requested Although not always requested, we have also seen USCIS request: Federal income tax returns covering all years of lawful permanent residence or prior U.S. residence DD Form 214 Previous military orders Historical SOFA documentation Prior U.S. visas Previous foreign passports, including biographic pages and visa pages Because documentation requests vary from officer to officer, we recommend bringing more documentation than you expect to need. 4. Will I Become a U.S. Citizen on the Same Day as My Naturalization Interview? Generally, no. After your naturalization interview, your case must complete several post-interview processing steps, including quality assurance review, supervisory approval, oath ceremony scheduling, and advance printing of your Certificate of Naturalization. At the Washington, DC Field Office, USCIS officers often advise applicants to allow one to three business days after the interview before an oath ceremony may be scheduled. While processing times vary, same-day naturalization ceremonies have generally not been conducted at this office since 2025. 5. When Should I Schedule an Expedited U.S. Passport Appointment? Based on prior procedures, applicants historically received an automated email reminder approximately three weeks before their scheduled naturalization interview explaining the passport application process and how to request an appointment with the Washington, DC Passport Agency. In most cases, expedited passport appointments are not available on short notice . Once you are within 14 days of your international departure and have confirmed travel (such as an airline ticket), you may request an expedited passport appointment. We generally recommend scheduling the appointment three to five days after your anticipated naturalization interview , if possible. Complete information regarding eligibility, appointment scheduling, required documentation, fees, office hours, and passport application procedures is available through the U.S. Department of State: https://travel.state.gov/en/passports/apply/get-fast/make-appointment/washington.html 6. Will the USCIS Officer Tell Me Whether My Case Is Approved at the Interview? Current USCIS policy (2026) generally provides that officers: Cannot provide their personal contact information or name. Cannot discuss internal case processing procedures or guarantee the outcome of your application. May inform you whether you successfully passed the English and civics tests. May advise that your case is being recommended for approval ; however, a recommendation is not a final approval, nor does it guarantee immediate processing or scheduling of your oath ceremony. 7. Must My Spouse Attend the Naturalization Interview if They Are the Qualifying Government Employee? Practices vary by USCIS officer. Some officers may request that the qualifying spouse attend the interview, while others may permit only the lawful permanent resident applicant to enter the interview room. When possible, we recommend that both spouses attend the appointment . If the qualifying government employee or service member cannot attend because of official employment obligations, a signed letter explaining their absence is recommended. If the officer has questions regarding the qualifying government employment, military service, or anticipated future employment, those questions are often most easily answered by the government employee or service member directly. Although USCIS officers are federal employees, they may not be familiar with the policies, documentation, and procedures of every federal agency, including the Department of Defense (DOD), Department of State (DOS), military branches, or NATO. Each agency and military branch maintains its own procedures and documentation requirements. 8. How Long Should I Plan to Stay in the Washington, DC Area? We generally recommend planning to remain in the Washington, DC metropolitan area for approximately five business days (one full week) . This provides flexibility should your oath ceremony be scheduled several days after your interview, as well as provide sufficient time for the DOS Passport Office to process the Same-day Passport Application of the new US Citizen. 9. What Is the Best Way to Travel to and Around the Washington, DC Area? For applicants traveling from the U.S. East Coast, air travel or Amtrak are both convenient options. Applicants traveling from the Midwest, West Coast, or overseas will generally find air travel to be the most practical choice. While in the Washington metropolitan area, we strongly recommend using the Washington Metro . It is typically less expensive than rideshare services or taxis and provides convenient transportation throughout the region. The USCIS Washington, DC Field Office is located in Fairfax, Virginia , within walking distance of the Dunn Loring–Merrifield Metro Station on the Orange Line. Metro information is available at: https://www.wmata.com/ 10. Are There Food Options Near the USCIS Field Office? Yes. We strongly recommend eating breakfast, brunch, or lunch before your interview. Interview processing times can vary, and being well-fed can make the experience considerably more comfortable. Several restaurants are located within walking distance of the field office, including: Casual Pint – American cuisine, burgers, sandwiches, and craft beer Jersey Mike's Subs – Sandwiches Grove – Poke bowls District Taco – Mexican cuisine Rasoi Indian – Indian cuisine Kiin Imm Thai – Thai cuisine Japomen Vienna – Japanese cuisine Lastly, Is There a Hotel Within Walking Distance of the USCIS Washington, DC Field Office? Several hotels are available in the nearby Merrifield area. For applicants seeking accommodations within a short walking distance of the field office, we recommend: Courtyard by Marriott Dunn Loring Fairfax 2722 Gallows Road Vienna, VA 22180 https://www.google.com/travel/hotels/s/NoVpgAzJuCqQwUcXA While our office cannot address every individual question or circumstance, we have extensive experience with INA § 319(b) (N-400) naturalization cases and are often able to provide guidance beyond what is typically available. If you have additional questions, we may be able to assist you by telephone or email. 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.

INA §319(b) Naturalization: Form DD-1278

By Franchesco Fickey Martinez • July 2, 2026
Form DD-1278 is the Certificate of Overseas Assignment to Support an Immigrant's Application to File for US Naturalization under INA 319(b) and INA 319(e). Form DD-1278 must be completed and signed by the commanding officer. The commanding officer certifies that the applicant has: (1) “concurrent travel orders” and (2) is authorized to join their Active Duty Military/Government Employee spouse abroad. The Form DD-1278 can be used for filing scenarios covering a spouse (most common) OR a minor child (in very limited circumstances). Form DD1278 can be signed by black wet-ink or digitally with Adobe. The form is available below for easy locating.

2026 DACA Renewal Delays: What can be seen so far

By Franchesco Fickey Martinez • May 7, 2026
DACA Renewals are delayed in 2026. A renewal 2 years ago took 2 weeks to 2 months to complete. However, now DACA Recipients are seeing delays exceeding 120-days and 150-days. What is likely the cause? Effective December 12, 2025, USCIS updated its biometric policy, limiting photo reuse to 3 years (36 months) for immigration benefits. Now, DACA Holders must have a biometric appointment to update photo, fingerprints, and signature samples. With a new set of fingerprints, a background check SHOULD occur just as quick as 2 years ago. However, the opposite has occurred. Now the background checks are delaying, USCIS officers have double the material needed to timely complete a background check, but more does not always mean best. USCIS systems have been encountering technical complications throughout 2025 and now into 2026 that slows done simple tasks like: - opening a PDF - opening a file - completing a task - creating a USCIS Notice The Biometric Policy started to add extra items into filings, which (when coupled with a USCIS that has had technical issues), has made USCIS Officers work much more slowly and only be able to review/process a reduced amount of cases versus at the rate of workflow from prior to the USCIS Policy Change. What to do in response? USCIS Recommendation is to file DACA renewals within 150-120 days from expiration. To be safe: file at the 150-day mark, AND attend your Biometric appointment timely or attempt to attend right when the Biometric Notice is in hand (as many ASC facilities will happily entertain the biometric appointment early). USCIS does NOT Recommend filing earlier than 150 days. The Note directly from the USCIS Website states: Please note that filing earlier than 150 days before your current DACA expiration date will not result in a faster decision. 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.

I just want a simple will! (Common Overlooks)

By Franchesco Fickey Martinez • January 30, 2026
The most common request in estate planning is a Simple Will. Someone going to an estate planning attorney, and just wanting what they want. This article will cover the commonly overlooked matters. The best way to approach this subject is with a scenario: Jack is married to Jill, and they have two kids over the age of 18. Jack wants to leave everything to his wife and Jill everything to her husband. Simple! The items that complicate: What is being left? The home Jack and Jill live in Rental Property Retirement accounts, such as an IRA, 401(k), 403(b), HSA, and Pension Bank Accounts Vehicles Stock Portfolios ^ If the above are the items that complicate, what goes easily with a simple will? Keepsakes, Jewerly, Momentos, Cash in hand, assets NOT already set up to transfer automatically, etc. Lets break each item into HOW it complicates: The home Jack and Jill live in Everything depends on who the house is deeded to! Many spouses may acquire the home prior to marrying, having only one spouse on the deed. Alternatively, if one spouse is unemployed at time of home purchase, the working spouse may be the only spouse on the deed. A property deeded to BOTH spouses, JOINT, "with rights of survivorship" is the BEST scenario. A will and probate court is not necessary. Rental Property Rental properties may be in one spouse's name OR the property may be deeded to a business, that is only "owned" by one spouse. The issue, the Will is for a Person, it would not directly affect a rental owned by a business. Retirement accounts, such as an IRA, 401(k), 403(b), HSA, and Pension The accounts are owned "individually," by one spouse or the other. A will and probate court is not necessary BECAUSE each retirement account already has a "Designated Beneficiary." Bank Accounts A bank account might ALREADY transfer at death, if a TOD/POD arrangement was set up, making a Will not necessary. Automatic transfer is more ideal than Slow Transfer in Probate Court. The bank account may also be a JOINT ACCOUNT, making the spouse able to immediately access. Vehicles Always a pain to do anything with the DMV! Stock Portfolios The Stock Portfolio are either owned "individually" or "jointly." A will and probate court is not necessary BECAUSE each Stock Portfolio already has a "Designated Beneficiary." What if the Simple Will says one thing and the asset says another? For instance, a Retirement Account has 1 child as the Beneficiary upon Jack's Death. The Simple Will stated to leave EVERYTHING to Wife, Jill. What happens? the 1 child receives the retirement account as it was created while Jack was alive and takes priority. The Will "activates" later in Probate Court, but the retirement account would already belong to the 1 child. What should I do then? Do a Simple Will, HOWEVER consider a review of all Asset Beneficiary Designations. A Simple Will is not the end-all, be-all solution. It is the weakest of Estate Planning/Probate tools. Apart from Asset Beneficiary Designation, consider alternatives, such as a: Trust, great location for a home, life insurance proceeds, managing retirement accounts for those left befind, etc. Updating the Deed to a home or doing a pour-over will Adjust business holdings, especially those that are income producing What are complications to the Family Structure in the above scenario: If both Spouses pass at the same time, and they leave all items to one child over the other. If one spouse wishes to leave everything to one child versus the other If one spouse wishes to leave everything to the other spouse "for the living spouse's life," then then to one or both children If one spouse adds Siblings into their estate planning, or a sibling's children.  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.

Should I update my I-864 with new Tax Information at USCIS or the Embassy?

By Franchesco Fickey Martinez • January 26, 2026
This is a common question every tax season for any person that has a pending Immigration Filing that required an I-864 affidavit of support. The question could be posed a number of ways: Should I update my I-864 with new Tax Information? I have a new W-2/1099, should that be reflected in the I-864? I did better financially last year, would it benefit updating the I-864? I changed jobs a few months ago, is now a good time to update the I-864 with new financial information? I filed a new 1040 Tax Return and my AGI is different, is that going to be needed? In a short answer, USCIS and NVC should be updated with any new financial document from a Sponsor, regardless if it is requested by the immigration official or given as unsolicited evidence. Common documents to provide/update between January 1st to April 15th of every year are: For Employees: W-2 1040 Tax Return 6+ months of paystubs, especially the last paystub for the prior year IRS Tax Return Transcript, if available For Contractors: 1099 1040 Tax Return Any Tax Schedules covering profits, losses, and expenses/write offs 6+ months of paystubs, especially the last paystub for the prior year IRS Tax Return Transcript, if available For Self-Employed/Business Owners: 1099 or W-2 1040 Tax Return Any Tax Schedules/Form K covering profits, losses, and expenses/write offs Bookkeeping Records Any Tax Filings from the prior year, possibly quarterly filings or a Tax Extension for the most recent tax year entire prior years worth of income proof, possible the business operating back account statements IRS Tax Return Transcript, if available For Retirees/Veterans/Retire-Early FIRE Individuals: Stock/Real Estate Portfolio Statements 1099 forms Distribution Statements Annual Monthly Rate for the Tax Year VA Disability Statement for the Year SSD Statement for the Year 12 months of Bank Statements Do you need to submit a new I-864? Possibly "No." The more updated evidence provided, that is the main focus as it showcases continued financial stability. An updated I-864 "summarizes" what was the Taxable Income OR Adjusted Gross Income OR Non-taxable Income. Should you update the financial documentation? Yes, whenever possible.  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.