Applying for a green card through marriage is one of the most common ways to obtain permanent residency in the U.S. However, the process requires completing numerous forms and gathering essential documents to prove your marriage’s validity and meet immigration requirements. This guide will serve as a comprehensive checklist for a green card application for the spouse to help you understand the necessary forms, supporting documents, and evidence you must submit for a successful marriage-based green card application.
Let’s break down everything you’ll need to submit to U.S. Citizenship and Immigration Services (USCIS) as part of the application process so you can confidently get started.
Alright, Let’slet’s dive into the forms you’ll need first.
Required Marriage Green Card Forms
Several forms must be completed and submitted to USCIS when applying for a marriage-based green card. Each form serves a specific purpose in verifying the eligibility of the U.S. citizen or lawful permanent resident (the petitioner) and the foreign-born spouse (the beneficiary). Here are the essential forms you’ll need to include in your checklist for green card application for your spouse:
1. I-130, Petition for Alien Relative
The I-130 form is the first step in establishing your marriage-based green card case. Filed by the U.S. citizen or lawful permanent resident spouse, the I-130 form helps confirm that the petitioner is eligible to sponsor their foreign-born spouse for a green card. It requires proof that a valid and legally recognized marriage exists between the petitioner and the beneficiary. Along with the form, you’ll need to submit supporting documentation, including your marriage certificate and evidence that the marriage is genuine, such as joint leases, bank account statements, and photographs.
2. I-130A Supplemental Information for Spouse Beneficiary
The I-130A form is a companion document to the I-130 and is required for the spouse seeking a green card. It collects additional biographical information about the beneficiary, including their previous addresses, employment history, and family members. While the I-130 focuses on the petitioner, the I-130A ensures that USCIS has all necessary information about the foreign-born spouse.
3. I-864 Affidavit of Support
The I-864 form, Affidavit of Support, demonstrates the sponsoring spouse’s financial ability to support their foreign-born partner. USCIS requires this document to ensure that the spouse seeking a green card will not become a public charge and that the U.S. government will not be financially responsible for them. If applicable, the petitioner (and any joint sponsors) must show that their income meets or exceeds 125% of the Federal Poverty Guidelines for their household size. This form also includes supporting documents, such as the petitioner’s tax returns and pay stubs.
4. I-485 Application to Register Permanent Residence or Adjust Status
Form I-485 is for the spouse seeking a green card already present in the U.S. This form allows the spouse to adjust their status from a temporary visa holder to a lawful permanent resident. The I-485 application requires various supporting documents, including proof of lawful entry into the U.S., proof of identity, and evidence of the marriage’s legitimacy. If the spouse is applying from abroad, this process is done through consular processing.
5. I-765 Application for Employment Authorization
While waiting for the green card application to be processed, the spouse seeking a green card may want to work legally in the U.S. The I-765 form allows them to apply for an Employment Authorization Document (EAD), also known as a work permit. This can be particularly helpful, as the green card process can take months or even years, and the ability to work can provide financial stability during this period.
6. I-131 Application for Travel Document
If the spouse seeking a green card plans to travel outside the U.S. while their application is pending, they must file Form I-131 to request advance parole. Advance parole allows them to travel abroad and re-enter the U.S. without abandoning their green card application. Without this travel document, leaving the U.S. could result in denying their green card application.
7. I-693 Medical Report and Vaccinations
One requirement for obtaining a green card is completing a medical examination by a USCIS-authorized physician. The examination results, including vaccinations, must be documented on Form I-693 and submitted as part of the green card application. This ensures that the applicant meets the health standards set by U.S. immigration laws.
Now that we’ve covered those basics, let’s look at the documents specific to the petitioner.
Also Read: I-485, I-130, I-864, and I-765 Forms Experience for Green Card Through Marriage
Petitioner and Beneficiary’s Documents
In addition to the forms mentioned above, your checklist for a green card application for a spouse should include several supporting documents. These documents are necessary to prove the validity of the marriage, the petitioner’s financial capability to support the spouse, and the applicant’s legal status. Let’s break down the essential supporting documents:
1. Marriage Certificate
A certified copy of your marriage certificate is required to prove you are legally married. Without this document, USCIS cannot process your green card application. Ensure the proper government authority issues the certificate and includes the names of both spouses, the date of the marriage, and the location where the marriage took place.
2. Petitioner’s U.S. Birth Certificate, U.S. Passport Bio Page, or Certificate of Naturalization
The sponsoring spouse must provide proof of U.S. citizenship or lawful permanent resident status. This can be done by submitting a copy of their U.S. birth certificate, passport, or naturalization certificate. If the petitioner is a green card holder, they must submit a copy of their green card as proof of their legal status.
3. Petitioner’s Green Card (if Legal Permanent Resident)
If the sponsoring spouse is a lawful permanent resident (green card holder), they must submit a copy of their green card. This document proves that the petitioner is authorized to live and work in the U.S. and can sponsor their spouse for a green card.
4. Beneficiary Spouse’s Birth Certificate
The spouse seeking a green card must provide a certified copy of their birth certificate to establish their identity and nationality. This document is required for the I-130 petition and the I-485 adjustment of status application.
5. Beneficiary Spouse’s Passport Bio Page for Current and Expired Passports, U.S. Visa, and Nonimmigrant Approvals (H-1B, TPS, DACA, etc.)
Copies of the beneficiary spouse’s passport bio pages (both current and expired) are required to verify their travel history and legal status in the U.S. If they entered the U.S. on a visa, a copy of the passport and any associated approval documents, such as H-1B, TPS, or DACA, must also be included.
6. Divorce Certificates for Previous Marriages (if any)
If either spouse has been previously married, you must provide proof that the prior marriage was legally terminated. This can be done by submitting divorce decrees, annulment certificates, or death certificates of former spouses. USCIS requires this documentation to ensure that the current marriage is legally valid.
7. Beneficiary’s Criminal Records (if any)
If the spouse seeking a green card has any criminal history, they must submit court, police, or prison records. These documents are required to provide full transparency during the background check conducted by USCIS as part of the green card application process. Failing to disclose criminal records could delay or deny the application.
For personalized guidance, consider consulting the Law Offices of Sweta Khandelwal.
Remember that financial stability is crucial when submitting documents. Therefore, let’s examine what documents are required as proof of income.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Petitioner’s Documentation of Income
Financial stability is crucial in determining whether the green card application will be approved. The U.S. government wants to ensure that the spouse seeking a green card will not become a financial burden. The following documents must be included in the checklist for a green card application for the spouse to demonstrate the petitioner’s ability to provide financial support:
1. Tax Returns (Last Three Years)
USCIS requires the sponsoring spouse to submit copies of their federal income tax returns for the past three years. These documents show the petitioner’s income history and help establish whether they meet the minimum income requirement to sponsor their spouse.
2. W-2s / 1099s for Last Year
In addition to tax returns, the petitioner should submit copies of their W-2 (for employees) or 1099 (for self-employed individuals) forms for the most recent year. These forms prove income from employment or self-employment and are crucial for demonstrating financial stability.
3. Professional Licenses and/or Proof of Business Ownership (if Self-Employed)
If the petitioner is self-employed, additional documentation such as professional licenses, proof of business ownership, and bank statements may be required to verify their income. This ensures that USCIS has all the necessary information to determine the petitioner’s financial capability.
What if you need extra financial help? Let’s explore joint sponsor documents.
Also Read: Green Card Application Fee for Spouse: A Step-by-Step Breakdown
Joint Sponsor Documents (If Required)
In cases where the sponsoring spouse’s income does not meet the minimum requirement, a joint sponsor can help meet the financial eligibility criteria. The joint sponsor must be a U.S. citizen or lawful permanent resident and must submit the following documents:
1. Proof of U.S. Citizenship/Permanent Resident Status
The joint sponsor must provide proof of their U.S. citizenship or permanent resident status. This can be done by submitting a copy of their U.S. passport, birth certificate, or naturalization certificate.
2. Income Tax Returns (Last Three Years)
The joint sponsor must submit copies of their federal tax returns for the past three years, just like the petitioner. These documents demonstrate that the joint sponsor meets the financial requirements.
3. W-2s / 1099s for Last Year
The joint sponsor must also submit copies of their W-2 or 1099 forms for the most recent year as proof of income. This helps verify that they can financially support the spouse seeking a green card.
4. Professional Licenses and/or Proof of Business Ownership (if Self-Employed)
If the joint sponsor is self-employed, they may need to provide additional documentation such as professional licenses, proof of business ownership, and bank statements to verify their income. These documents ensure that USCIS fully understands the joint sponsor’s financial situation.
Let’s focus on proving that your marriage is the real deal.
Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application
Evidence of Bona-Fide Marriage
A vital aspect of the checklist for a green card application for the spouse is proving that your marriage is genuine and not entered solely for immigration purposes. USCIS requires evidence that the marriage is real and ongoing. Here’s a list of documents that can help demonstrate the authenticity of your relationship:
1. Birth Certificates of Any Children Born of the Marriage
If you and your spouse have children together, providing birth certificates is one of the most vital pieces of evidence proving your marriage is legitimate.
2. Joint Accounts
Bank statements, credit card accounts, or loan documents in both spouses’ names can demonstrate that you share financial responsibilities, which helps prove the authenticity of your marriage.
3. Proof of Shared Residence
A lease or mortgage statement with both spouses’ names is strong evidence that you live together as a married couple. Utility bills in both names can also be used as proof of shared residence.
4. Photos of the Couple Together
Photos from different stages of your relationship, such as your wedding, vacations, holidays, and other events, can provide visual proof that your relationship is genuine.
5. Statement from Petitioner or Beneficiary Describing the Relationship
A personal statement from either spouse detailing how the relationship began, how you decided to get married, and the nature of your relationship can help demonstrate the authenticity of your marriage.
6. Statements from Friends/Family Members
Letters or affidavits from close friends or family members who know you well and can vouch for the validity of your relationship can serve as valuable evidence.
7. Screenshots of Messages Showing Frequent Communication
Copies of text messages, emails, or chat conversations demonstrating ongoing communication between you and your spouse help prove your relationship is genuine.
8. Social Media Posts About the Relationship
Social media activity, such as posts about your relationship, wedding announcements, or photos with your spouse, can further strengthen your case for a bona fide marriage.
9. Phone Records Showing Frequent Communication
Phone bills or records showing regular calls or text messages between you and your spouse can further establish the authenticity of your relationship.
10. Receipts for Gifts
Receipts for gifts exchanged during the relationship can show that you and your spouse have a genuine emotional connection.
11. Wedding Invitations, Receipts for Wedding Expenses
Evidence of your wedding, such as invitations and receipts for wedding-related expenses, can demonstrate that your marriage was publicly celebrated with friends and family.
12. Any Other Evidence Demonstrating an Ongoing Marital Relationship
Any documents showing your marriage is genuine and ongoing can be included in your application. USCIS encourages applicants to provide as much evidence as possible to support the authenticity of their relationship.
Collecting these documents can be complex, but expert advice from the Law Offices of Sweta Khandelwal can make it hassle-free.
Lastly, let’s wrap up some general guidelines for submitting your documents.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
General Guidelines for Submitting Documents
Following general guidelines when submitting your documents is essential to ensure your green card application is processed smoothly. These guidelines can help prevent unnecessary delays or issues with your application:
- Submit Photocopies Unless Original Documents Are Specifically Requested: USCIS usually accepts photocopies of documents. However, make sure to read the form instructions carefully, as original documents may be required in some instances.
- A certified English translation must accompany all foreign-language documents. You must provide a certified translation if any of your documents are in a language other than English. USCIS requires that both the original document and the certified translation be submitted.
- Keep a Copy of Everything Sent to USCIS: Always keep copies of every form, document, and piece of evidence you submit to USCIS. This ensures you have a complete application record in case of any issues or requests for additional information.
Conclusion
Applying for a marriage green card involves gathering various forms, supporting documents, and evidence to prove that your relationship is genuine and that both spouses meet the eligibility requirements. Starting early and ensuring that all the necessary paperwork is properly organized will help you avoid delays and submit your application on time.
Following this checklist for a green card application for the spouse, you’ll be well-prepared for the process. If you have any questions or uncertainties, consulting with an experienced immigration attorney can provide you with the guidance and expertise needed to navigate the complexities of the marriage green card process.
If you’re ready to begin your marriage green card application, don’t hesitate to seek professional assistance from Sweta Khandelwal to ensure that every step is handled carefully.
At Law Offices of Sweta Khandelwal, we specialize in immigration law and offer a full range of services tailored to your unique situation. Whether you need assistance with family immigration, visas, green cards, or citizenship matters, we provide the guidance and support you need.
Contact us today to get started on your journey toward obtaining a marriage green card and ensure that your application is handled with care and precision by seasoned professionals.
