- Birth Certificate
- Naturalization Certificate
- Consular Report of Birth Abroad
- Unexpired Passport
- Both sides of your Permanent Resident Card
- Marriage Certificate
- Divorce Decree or Death Certificate of prior spouse if you or your spouse were previously married
- Proof that your marriage is bona-fide (real) such as:
- Documentation of joint ownership of property such as a mortgage or land deed
- Lease showing that you both live at the same address
- Documentation of combined financial resources such as bank statements or bills in both your names
- Birth certificates of children you had together
- Affidavits from people who have knowledge of your relationship
- Photos of you together
- Copies of texts, emails or cards sent to one another
- Two passport-style photos of you and your spouse
2. Form I-864 – This form proves that you are financially able to support your spouse. You must also submit:
- Proof of your U.S. citizenship or permanent residency
- Most recent Income Tax Return (optional: three years of income tax returns)
- Most recent Form W-2 or 1099 (optional: Form W-2 and 1099 for past three years)
- Optional: six months of paystubs
- Optional: Employment confirmation letter
- Additional Evidence – depending on individual circumstances, you may need to submit additional evidence. This could include proof of military status, evidence of not being required to file income taxes, assets, and proof of spouse’s income
Forms and evidence that must be submitted by your spouse (the beneficiary):
1. Form I-485- This form proves your spouse’s eligibility for a Green Card. They must also submit:
- Two passport style photos
- Photo ID such as:
- Passport (most common)
- Driver’s License
- Military ID
- Passport Stamp
- Visa
- Form I-94 Arrival-Departure Record
- Form I-797 approval notice
- Form I-94 Arrival-Departure Record
- Form I-20 (for those with F or M visas)
- Form DS-2019 (for those with J visas)
- Passport Stamp
2. Form I-944 – This form proves that your spouse can support themselves financially. They must also submit:
- Income Tax Returns or Transcripts for all household members
- Proof of assets such as:
- Property deed and appraisal
- Bank account statements
- Annuities
- Stocks and bonds /certificates of deposit
- Retirement and Education accounts
- Mortgages
- Car loans
- Unpaid spouse or child support
- Unpaid taxes
- Credit card debt
- Any federal, state, local, or tribal cash assistance program
- Supplemental Security Income
- Temporary Assistance for Needy Families
- Food Stamps
- Section 8 Housing or Rental Assistance
- Medicaid
Optional forms and evidence that can be submitted by your spouse (the beneficiary):
1. Form I-765 – This form is used to apply for an Employment Authorization Document (EAD), which will allow your spouse to work while their case is pending. They must also submit:
- Two passport-style photos
- I-485 Receipt Notice if they are applying after submitting their I-485 application
- Passport
- Form I-94 Arrival-Departure Record
- Front and Back of previously issued EAD card (if applicable)
2. Form I-131 – This form is used to apply for advance parole, which allows your spouse to travel outside of the U.S. while their case is pending. They must also submit:
- Two passport-style photos
- I-485 Receipt Notice if they are applying after submitting their I-485 application
- Photo ID with date of birth such as:
- Passport
- Driver’s License
Points to keep in mind:
- The above forms and evidence can all be submitted together in one package
- Do not submit original documents unless specifically instructed to do so. You might not get them back!
- All documents in a language other than English must include both a copy of the original document and a certified translation.
- You do not need to submit the same document multiple times in the same package, even if required for more than one form.
You and your spouse will both be required to appear for a Green Card Interview at a local USCIS field office. Your spouse will need to bring:
- The interview Notice
- Photo ID
- Form I-693 Report of Medical Examination and Vaccination Record completed by a designated doctor and in a sealed envelope
- All immigration documents ever issued
- All travel documents used to enter the U.S.
- Birth Certificate
- Marriage Certificate
- Supporting evidence of your relationship
- Birth Certificates for all children
- Your birth Certificate
- Proof of your U.S. citizenship or permanent residency
- Any other documents that were previously submitted as part of your spouse’s application
Bring both originals and copies of all documents to the Green Card interview. Be sure to include document translations if necessary.
Necessary documents to apply for a Green Card based on marriage from outside the United States
1. Form I-130 and I-130A supplement – The same documents listed in the I-130 section above apply here too, except the passport-style photo of your spouse is not required if your spouse is outside the U.S.
2. Form I-864- The same documents in the I-864 section listed above will also apply here.
3. Civil Documents for the DS-260 and National Visa Center (NVC)- Your spouse will need to upload the following, though exact documents can vary somewhat from country to country:
- Birth Certificate
- Court or Prison Records (if applicable)
- Marriage certificate for all marriages
- If previously married, proof that prior marriage(s) ended such as:
- Divorce Decree
- Death Certificate
- Annulment Papers
- If you were previously married, proof that prior marriage(s) ended such as:
- Divorce Decree
- Death Certificate
- Annulment Papers
- Military Records (if applicable)
- Passport
- Police Certificates for your spouse’s country and every country where they lived for a year or more after age 16.
4. Green Card interview- Your spouse will schedule an interview at a U.S. consulate in their home country.
- Visa Appointment Letter
- Form I-693, Report of Medical Examination and Vaccination Record completed by a designated doctor and in a sealed envelope
- Original or certified copies of all documents that were uploaded to the NVC. Documents must be translated if they are in a language other than English or the language spoken in the country where the consulate is located.
- Passport valid for at least six months
- Two passport-style photos
- DS-260 confirmation page
Conclusion
Even though the process is somewhat different, the list of documents required to apply for your Green Card based on marriage is quite similar no matter if you apply from inside or outside the United States.
If you have any questions on any of the information discussed in this guide, feel free to email me directly at Michael@AshooriLaw.com. I’m a U.S. immigration lawyer, I’m very responsive via email, and I would be happy to help you.
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