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Botelho Law Group PLLC · Massachusetts

U.S. Immigration Process Center

Free resource from Botelho Law Group PLLC

U.S. Immigration Process Center

Free videos, step-by-step guides, and downloadable checklists from immigration attorney Joseph F. Botelho, organized in the order your case actually happens. Watch every video right here on this page.

Created and reviewed by Joseph F. Botelho, Esq., immigration attorney, Botelho Law Group PLLC · Last updated

Marriage-Based Green Cards · Part 1

Start Here: Choosing Your Marriage Immigration Pathway

If you are married to, or engaged to, a U.S. citizen or green card holder, start here. The right path depends on where the immigrant spouse is today and on their immigration history.

How does getting a green card through marriage work?

Why this matters: Before you file anything, you need to know which pathway fits your situation. That depends on whether your spouse is a U.S. citizen or a green card holder, whether the immigrant spouse is inside or outside the United States, and whether there are past immigration problems. Choosing the wrong path is one of the most expensive mistakes a couple can make.

Video: How to Get a Green Card Through Marriage: The COMPLETE Guide (Every Pathway Explained) 9:09 · Published May 6, 2026

📖 Written overview

The Basics of Fiancé, Spousal and Marriage Based Visas

A plain-English introduction to the three family routes for couples: the K-1 fiancé visa, the spousal immigrant visa, and the marriage-based green card filed from inside the United States.

How it helps our clients
Read this before your strategy call so you already know the vocabulary and can tell us which situation fits your family.
How it helps anyone researching
A good first read for anyone comparing fiancé and spouse options before deciding which petition to file.

Read the overview →

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Marriage-Based Green Cards · Part 2

Your Pathway: Adjustment of Status, Consular Processing, or K-1

Watch the one that matches your situation. If the immigrant spouse has unlawful presence or a prior deportation, see Waivers & Complicated Cases before anyone travels.

Spouse inside the U.S.: Adjustment of Status

Why this matters: If the immigrant spouse entered lawfully, they may be able to get the green card without leaving the United States. Covers eligibility, the forms (I-130, I-485, I-864, I-765, I-131), the medical exam, biometrics, and the interview.

Video: How to Get a Green Card Through Marriage (Without Leaving the Country) 8:56 · Published May 6, 2026

Spouse outside the U.S.: Consular Processing

Why this matters: When the immigrant spouse is abroad, or cannot adjust status inside the U.S., the case goes through the National Visa Center and a U.S. embassy or consulate. Includes the unlawful presence bars to understand before anyone travels.

Video: How to Get a Green Card When Your Spouse Is Outside the U.S. — Consular Processing Explained 7:47 · Published May 6, 2026

Not married yet: the K-1 Fiancé Visa

Why this matters: For a U.S. citizen engaged to someone abroad. Covers the I-129F petition, the embassy interview, the 90-day deadline to marry after arrival, and adjusting status after the wedding.

Video: How to Get a K-1 Fiancé Visa: Eligibility, Requirements, and More 7:24 · Published May 6, 2026

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Marriage-Based Green Cards · Part 3

Prove Your Marriage Is Real (Bona Fide Marriage Evidence)

This is the heart of every marriage-based case, whether you adjust status, go through a consulate, or later remove conditions.

What evidence proves a bona fide marriage to USCIS?

Why this matters: A marriage certificate proves you got married. It does not prove the marriage is genuine. Officers decide whether the marriage was entered into in good faith, and not to obtain an immigration benefit, based on evidence of a shared life: joint finances, a shared home, insurance, tax filings, children, photos over time, travel, and communication. Thin evidence leads to requests for evidence, separate (Stokes) interviews, and denials.

Video: Your Marriage Certificate Is NOT Enough: How to Prove a Bona Fide Marriage to USCIS 18:50 · Published August 13, 2026

📖 Written guide + free evidence checklist

How to Prove a Bona Fide Marriage to USCIS: Evidence Checklist

Our complete written guide to proving a marriage is genuine: the legal standard USCIS applies, the red flags officers are trained to notice, and the evidence that carries the most weight, organized in priority tiers.

How it helps our clients
Use the checklist to gather your evidence before you send anything to our office, so your file is complete the first time we review it.
How it helps anyone researching
A free, attorney-written checklist for building an evidence package, whether you are adjusting status, going through a consulate, or later removing conditions.

⬇ Free guide: evidence checklists by category and affidavit requirements

Read the guide & get the checklist →

How do affidavits from friends and family help prove a marriage?

Why this matters: Sworn statements from people who know you as a couple can fill gaps in your documents. This matters most for newer marriages, couples living apart, and couples with few joint records. Vague affidavits carry little weight; detailed ones help.

Video: Marriage Green Card Evidence: Why Affidavits Are More Important Than You Think 25:15 · Published September 1, 2026

📖 Written guide + free questionnaires and template

Third-Party Affidavits: Proving a Bona Fide Marriage

Explains what a third-party affidavit is, who should and should not write one, what separates a credible affidavit from a generic one, the six sections every affidavit needs, and how to notarize and submit it.

How it helps our clients
Hand the questionnaires to your family and friends instead of a blank page. Their answers become the detailed statements your case needs, and our team spends less time rewriting them.
How it helps anyone researching
Anyone preparing affidavits for a marriage case gets a ready-made method and template, written by an immigration attorney.

⬇ Free PDF: family, friend, and professional questionnaires; affidavit template; checklist; notarization instructions

Read the guide & get the template →

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Marriage-Based Green Cards · Part 4

Financial Sponsor: Affidavit of Support (Form I-864)

The U.S. spouse must show they can financially support the immigrant spouse. Start with the income rules, then get the right tax document.

How much income does a green card sponsor need?

Why this matters: The sponsor's income must generally meet a federal guideline based on household size. If it does not, the case may need a joint sponsor, household member income, or assets. Knowing this early prevents delays later.

📖 Written guide for sponsors

Affidavit of Support Income Requirements for 2026: What Green Card Sponsors Need to Know

Explains the income a sponsor must show on Form I-864, how household size changes the number, and the options when the sponsor's income falls short, such as a joint sponsor, household member income, or assets.

How it helps our clients
Sponsors: read this before our financial review so you know whether you qualify on your own or need a joint sponsor.
How it helps anyone researching
A clear starting point for any U.S. citizen or green card holder sponsoring a relative who wants to know whether their income is enough.

Read the sponsor guide →

How do I get an IRS tax transcript for immigration?

Why this matters: A copy of your tax return is usually not what USCIS or the National Visa Center wants. In most Affidavit of Support cases, the right document is the IRS Tax Return Transcript. Sending the wrong document is one of the most common causes of avoidable delay.

Video: USCIS Update: Are You Using the Wrong Tax Documents? 7:36 · Published September 28, 2026

📖 Step-by-step guide + free 2-page handout

How to Get Your IRS Tax Transcript for Immigration

Explains why USCIS and the National Visa Center usually want an IRS Tax Return Transcript rather than a copy of your return, the five transcript types, and four free ways to get one, including what to do when identity verification fails.

How it helps our clients
Follow the steps and send us the right transcript the first time, so your Affidavit of Support is not held up waiting for the correct document.
How it helps anyone researching
Works for any I-864 sponsor or joint sponsor, with or without a lawyer, and covers non-filers and joint returns.

⬇ Free 2-page handout: transcript types, all four methods, and a send-it checklist

Read the guide & get the handout →

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Marriage-Based Green Cards · Part 5

Prepare for Your Green Card Interview

Choose the interview that matches your case: a USCIS field office interview (adjustment of status) or a U.S. embassy or consulate interview (consular processing). They are different, and they are prepared for differently.

What happens at a USCIS marriage green card interview?

Why this matters: Every marriage-based adjustment case is decided around this interview. Knowing what to bring, how the interview flows, and how to answer, including what happens in a Stokes interview when spouses are questioned separately, is the best way to walk in prepared rather than anxious.

Video: The Marriage Green Card Interview: Everything That Happens — Including the Stokes Interview 33:19 · Published August 19, 2026

📖 Written guide + free interview preparation package

2026 Marriage Green Card Interview & Stokes Interview Preparation: The Ultimate Guide

A complete written guide to the USCIS marriage interview: the interview notice, the documents to bring, the oath, typical questions, rules for answering, and outcomes. It also explains the Stokes interview and the range of questions asked when spouses are separated.

How it helps our clients
Work through the preparation timeline in the weeks before your interview. It is the same preparation we do with clients.
How it helps anyone researching
The most complete free resource we offer for any couple with a scheduled adjustment of status interview.

⬇ Free PDF package: document checklist, preparation timeline, full Stokes question bank, red-flag topics, same-day steps after an RFE or denial

Read the guide & get the package →

What happens at a CR-1 consular interview?

Why this matters: The consular officer decides two things: whether the marriage is real and whether the applicant is admissible. Bringing the right originals, understanding a 221(g) refusal, and knowing what happens at the airport keeps a case from stalling at the very last step.

Video: Don't Fail Your CR-1 Interview: Common Mistakes and How to Avoid Them 25:47 · Published August 27, 2026

📖 Written guide + free evidence guide

Marriage Green Card Consular Interview: What to Expect (CR-1 Guide)

Explains where the consular interview fits in the process, the documents to bring to the window, what the officer is deciding, how interviews end (approval, a 221(g) refusal, or a return to USCIS), and what happens after approval.

How it helps our clients
Share this with your spouse abroad so they walk into the embassy knowing what to bring and what to expect.
How it helps anyone researching
A clear walk-through for any couple whose case is going through the National Visa Center and a U.S. embassy or consulate.

⬇ Free guide: seventeen categories of marriage evidence and affidavit requirements

Read the guide & get the evidence guide →

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Marriage-Based Green Cards · Part 6

Conditional Residence & Removing Conditions (Form I-751)

If you were married less than two years when your green card was approved, you received a two-year conditional card and must file Form I-751 to remove the conditions.

What should I do if I get an I-751 Request for Evidence?

Why this matters: A request for evidence is not a denial. It means the officer needs more proof that the marriage was entered into in good faith. The deadline printed on your notice controls, and you should send one complete response.

Video: I-751 RFE Deadline Changes: Why You Can't Trust Old Advice 12:34 · Published October 21, 2026

📖 Written guide + free 2-page handout

I-751 RFE: What USCIS Is Actually Asking For

Explains why an I-751 request for evidence is not a denial, the response deadline under the August 2026 policy alert, how to read the notice, how to document a shared life when joint records are missing, and how to send one complete response.

How it helps our clients
If you receive an RFE, send it to us right away. Then use the checklist to start gathering evidence for every year of the marriage.
How it helps anyone researching
A calm, practical guide for anyone with a conditional green card who has received a request for evidence.

⬇ Free 2-page handout: marked-up sample notice, cover letter outline, evidence checklist by year

Read the guide & get the handout →

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Documents, Timelines & Case Preparation

Get Your Documents and Prepare Your Case

Your legal team will tell you exactly which documents your case requires. These guides show you how to get each one, and how to send them to us so they are accepted the first time.

DocumentUsually needed forGuide
Birth certificateIdentity and family relationship for every applicantVideo & guide
IRS tax transcriptAffidavit of Support (Form I-864)Video & guide
Certified court recordsAnyone with any arrest, charge, or citation historyVideo & guide
Bona fide marriage evidenceProving the marriage is genuineVideo & guide
Third-party affidavitsSupporting your marriage evidenceVideo & guide
Clear PDF scansEvery document you send to our officeVideo & guide

Which birth certificate does immigration require?

Why this matters: A real birth certificate can still be the wrong version. Immigration generally needs the full certificate from the government office that issued it, showing your parents' names. The wrong version means ordering it again and waiting again.

Video: Birth Certificate Mistakes That Can Lead to Immigration Delays 10:36 · Published October 16, 2026

📖 Step-by-step guide + free 2-page handout

How to Get Your Birth Certificate for Immigration

Explains which version of a birth certificate USCIS and the National Visa Center accept, where to order U.S. and foreign certificates, how to use the State Department Reciprocity Table, and what to do if a record is missing, delayed, or amended.

How it helps our clients
Order the right version once. The guide shows what a correct certificate looks like, so you are not sent back for a second copy.
How it helps anyone researching
Useful for any immigration case, family, employment, or citizenship, where a birth certificate is required.

⬇ Free 2-page handout: annotated sample certificate, checklist, and four steps if yours does not exist

Read the guide & get the handout →

How do I scan documents to PDF for my immigration case?

Why this matters: A photo from your camera roll is often too unclear to use. A clean, complete PDF with no cut-off seals or missing pages is what USCIS, the National Visa Center, and our office need.

Video: Don't Let USCIS Reject Your Documents: Use This Free Phone Scanner Trick 18:26 · Published September 18, 2026

📖 Step-by-step guide + free printable guide

How to Scan Documents to PDF for Immigration (No Scanner Needed)

Shows how to turn paper documents into clean, complete PDFs with the scanner app on your phone: setup, choosing the right filter, multi-page scanning, naming files, and the free apps we recommend.

How it helps our clients
This guide includes our office's document rules and file-naming format. Following it means we can use your documents as soon as they arrive.
How it helps anyone researching
Anyone filing their own paperwork can avoid blurry, cut-off, or rejected uploads.

⬇ Free printable guide “How to Send a Real PDF”: app setup, filters, naming format, troubleshooting chart

Read the guide & get the printout →

How long does a marriage green card take?

Why this matters: Knowing the order of events (receipt notices, biometrics, work and travel permits, possible requests for evidence, the interview, and approval) helps you recognize a normal wait, avoid travel mistakes, and respond on time.

Time-sensitive Video: The REAL Marriage Green Card Timeline in 2026 (What USCIS Doesn't Tell You) 15:13 · Published July 1, 2026

What can get a green card case denied?

Why this matters: Most denials come from avoidable problems: inconsistent social media, prior visa violations, missing tax returns, weak marriage evidence, inconsistent testimony, travel at the wrong time, and ignored USCIS mail. Almost all of them can be fixed if you catch them early.

Time-sensitive Video: Green Card Denied? 10 Avoidable Mistakes You Need to Fix 16:01 · Published July 8, 2026

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Waivers & Complicated Cases

Waivers, Unlawful Presence, and Criminal History

These situations need an individual legal assessment before you file or travel. The resources below explain the issues so you know what to ask.

What if the immigrant spouse has unlawful presence or a prior deportation?

Why this matters: Leaving the United States with unlawful presence can trigger a bar to returning. The I-601A, I-601, and I-212 waivers may provide a path forward, but each has its own requirements and timing. Watch this before anyone leaves the country.

Video: Told You Can't Get a Green Card? These 3 Waivers Might Save Your Case 11:20 · Published May 6, 2026

How do I get certified court records for USCIS?

Why this matters: If you have ever been arrested, a background check is not enough. Immigration needs certified court records showing how each case ended, and the forms ask about arrests even if the case was dismissed, sealed, or expunged.

Video: Don't Let an Old Arrest Deny Your Green Card 7:18 · Published October 9, 2026

📖 Step-by-step guide + free 2-page handout

Certified Court Records for Immigration: How to Get Them

Explains why immigration needs certified court records rather than a background check, which documents to request, what certified means, how to find an old case without a case number, and how outcomes like a CWOF may be treated.

How it helps our clients
If you have any arrest, charge, or citation, bring the handout to the clerk's office and request exactly what we need.
How it helps anyone researching
A practical guide for anyone with an old arrest who is filing a green card, visa, or citizenship case.

⬇ Free 2-page handout: documents to request, 4-step search for old cases, checklist for the clerk

Read the guide & get the handout →

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Citizenship & Naturalization

U.S. Citizenship & Naturalization (Form N-400)

The last step for most green card holders. Check your eligibility first, then prepare for the interview and tests.

Am I eligible to apply for U.S. citizenship?

Why this matters: The five-year rule, the three-year rule for spouses of U.S. citizens, continuous residence, physical presence, and good moral character all have to line up. An application filed too early, or with an overlooked issue, can be denied.

Video: Why Your Citizenship Application Might Be Denied (And How to Fix It) 11:51 · Published July 28, 2026

📖 Written overview

Understanding the Path to Citizenship: Steps and Requirements

An overview of the naturalization process from eligibility through the oath, and the requirements every applicant must meet.

How it helps our clients
Read this before your citizenship consultation so you can tell us about any travel, residence, or record issues up front.
How it helps anyone researching
A good starting point for any green card holder thinking about applying for citizenship.

Read the overview →

What happens at the citizenship interview and test?

Why this matters: Interview day includes the English test, the civics test, and a review of your N-400 under oath. Knowing which civics test applies to you and practicing your N-400 answers makes the biggest difference.

Video: How to Ace the U.S. Citizenship Interview in 2026: Tips and Tricks 19:47 · Published July 21, 2026

📖 Written guide + free preparation guide

The U.S. Citizenship Interview and Test: A Complete 2026 Guide

Explains which civics test applies based on your N-400 filing date, what the officer evaluates, what happens on interview day, the reading and writing tests, documents to bring, and a 90-day study plan.

How it helps our clients
Start the 90-day study plan as soon as your N-400 is filed, and bring the checklist to your interview.
How it helps anyone researching
Includes links to every official USCIS study resource, useful for any naturalization applicant.

⬇ Free preparation guide: filing-date chart, what-to-bring checklist, 90-day study plan, practice N-400 questions

Read the guide & get the study plan →

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Life as a Green Card Holder

Traveling and Protecting Your Green Card

Your green card can be put at risk by long trips abroad or problems at reentry.

Can green card holders travel safely in 2026?

Why this matters: Long absences can raise questions about whether you have abandoned your residence. Know the six-month and one-year thresholds, when to get a reentry permit, what happens at secondary inspection, and why you should not sign Form I-407 at the airport.

Time-sensitive Video: Don't Lose Your Status: 2026 Green Card Travel Guide 15:51 · Published July 23, 2026

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Asylum

Asylum

Resources for people with pending or planned asylum applications.

Can USCIS send my asylum case to court without an interview?

Why this matters: A 2026 rule allows certain affirmative asylum cases to be referred to immigration court without an interview. A referral is not a denial, but it changes how you prepare. Confirm the current status of the rule before acting.

Time-sensitive Video: USCIS Can Now Send Your Asylum Case to Court Without an Interview (New Rule Explained) 12:41 · Published August 5, 2026

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Immigration Policy & Court Updates

Recent Policy and Court Updates

Immigration rules change often. Each video below is dated. Always confirm the current rule with an attorney before acting on any update.

How does USCIS Policy Memo PM-602-0199 affect adjustment of status?

Why this matters: Explains the May 2026 memo on discretion in green card applications filed inside the U.S., who is most affected, and walks through three free handouts that help you present the positive factors in your case.

Time-sensitive Video: New USCIS Memo: Why Your Case Might Be at Risk (And How to Fix It) 17:22 · Published June 3, 2026

📖 Free downloads page

Immigration Updates & Free Materials

Our page of current immigration updates and free downloadable tools, including the materials discussed in our 2026 USCIS policy videos.

How it helps our clients
Complete the worksheets before your appointment so we can build the positive factors in your case faster.
How it helps anyone researching
Free attorney-written tools for anyone with a pending adjustment of status case.

⬇ Free: Discretionary Equities Checklist, Discretionary Statement Template, Four Interview Questions Worksheet

Get the free materials →

What does the 2026 public charge change mean for my case?

Why this matters: Explains the 2026 rescission of the 2022 public charge regulation, why the filing date matters, and the Form I-485 edition issue.

Time-sensitive Video: The New Public Charge Rule: Why Your Filing Date Is Now a Trap 25:50 · Published July 31, 2026

What does the Dorcas v. USCIS ruling mean for stuck cases?

Why this matters: Explains the June 2026 federal court decision on USCIS hold policies and the options when a case sits far beyond normal processing times.

Time-sensitive Video: Dorcas v. USCIS: The Ruling That's Shaking Up Immigration Cases Right Now 11:21 · Published June 24, 2026

Does the Dorcas ruling help if my case is at a consulate abroad?

Why this matters: Explains why the June 5, 2026 ruling covers cases pending with USCIS inside the U.S., but does not lift the separate State Department immigrant visa freeze or the travel ban, and what to do if your case is still stuck.

Time-sensitive Video: Is Your Visa Case Affected? Dorcas v. USCIS Breakdown 13:34 · Published June 17, 2026

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Keep Learning

Watch Our Immigration Video Libraries

Prefer to watch everything in order? These YouTube playlists group our videos by topic.

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Quick Answers

Frequently Asked Questions

What is a bona fide marriage?

A bona fide marriage is one entered into in good faith, because the couple intended to build a life together, and not to obtain an immigration benefit. A marriage certificate shows the marriage is legally valid, but USCIS and consular officers look at evidence of a shared life, such as joint finances, a shared home, insurance, tax filings, photos over time, and affidavits from people who know the couple.

What is the difference between adjustment of status and consular processing?

Adjustment of status is the process for an immigrant spouse who is already inside the United States and eligible to apply for a green card with USCIS without leaving. Consular processing is for a spouse who is outside the United States, or who cannot adjust inside the U.S.; the case moves through the National Visa Center and ends with an interview at a U.S. embassy or consulate.

Which IRS document do I need for the Affidavit of Support?

In most Form I-864 cases, USCIS and the National Visa Center prefer an IRS Tax Return Transcript for the most recent tax year rather than a copy of the tax return. It can be requested free through an IRS online account, by mail, by phone, or with Form 4506-T.

Which birth certificate does immigration require?

Generally the full birth certificate issued by the government civil registry, showing your full name, date and place of birth, both parents' names, and the issuing authority's seal. Short-form, abstract, and hospital certificates often cause problems. For foreign births, the U.S. State Department's Reciprocity Table lists the accepted document for each country.

Do I have to disclose an arrest that was dismissed, sealed, or expunged?

Immigration forms ask about arrests even if the case was dismissed, sealed, expunged, or handled in juvenile court, and you will generally need certified court records showing how each case ended. Speak with an immigration attorney before filing if you have any arrest history.

What is a Stokes interview?

A Stokes interview is a marriage green card interview in which the USCIS officer questions each spouse separately and compares their answers. It is usually used when the officer has doubts about whether the marriage is genuine. Most couples have a standard joint interview.

Is the information on this page legal advice?

No. These videos and guides are general educational information. Immigration law changes often and every case is different. Watching or reading does not create an attorney-client relationship. For advice about your situation, schedule a consultation with a licensed immigration attorney.

Need help with your case?

Botelho Law Group PLLC handles marriage-based green cards, adjustment of status, consular processing, K-1 visas, waivers, removal of conditions, citizenship, asylum, and immigration court. We file USCIS and National Visa Center cases for clients throughout the United States, in English, Spanish, and Portuguese.

Botelho Law Group PLLC · 901 Eastern Ave., Suite 2, Fall River, MA 02723

Video: The Truth About Hiring an Immigration Lawyer: What You Need to Know 9:17 · Published May 6, 2026

Attorney advertising. The videos and guides on this page are general educational information, not legal advice, and do not create an attorney-client relationship. Immigration law, fees, forms, and procedures change frequently, and some information may be out of date when you watch or read it. Every case is different and no result is guaranteed. Consult a licensed immigration attorney about your own circumstances.

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