Documents Needed to Apply for a Green Card Through Marriage

Would you like to apply for your spouse to get a Green Card through marriage?  In this guide, I will list the necessary items and the order that you will be submitting them.  If you have any questions, you may call us at +1-818-741-1117 or you may request a free consultation by clicking this link.

1.     What is a Green Card through marriage?
2.     Getting a Green Card through marriage by Adjustment of Status
3.     The process of getting Green Card through marriage Adjustment of Status
4.     Documents for getting a Green Card through marriage by Adjustment of Status
5.     Getting a Green Card through marriage by Consular Processing
6.     The Process for getting a Green Card through marriage by Consular Processing
7.     Documents for getting a Green Card through marriage by Consular Processing
8.     Conclusion

What is a Green Card through marriage?

A Green Card, officially known as a Permanent Resident Card, allows someone to permanently live and work in the U.S.   There are several ways to become a permanent resident.  One of the most common ways is through marriage to a U.S. citizen or permanent resident.  There are several steps in the Green Card process.  The process will depend on whether your spouse is applying for Adjustment of Status or will be getting their visa through consular processing.

Getting a Green Card through marriage by Adjustment of Status

If your spouse is already in the U.S., they will most likely go through Adjustment of Status (AOS), which allows them to receive their Green Card from within the United States.  They will need to be already inside the U.S. to be eligible for AOS.  Some people inside the U.S. are not eligible for AOS because they are considered inadmissible.  Having a criminal history, immigration violations, certain diseases and several other factors can make someone inadmissible.  Waivers can be obtained in some circumstances.

The process of getting a Green Card through marriage by Adjustment of Status

1. File Form I-130 and the I-130A supplement

2. Your spouse files Form I-485 concurrently (at the same time).  You and your spouse will also need to file the following forms:

3. Form I-864

4. Form I-944

Your spouse might also want to file the following forms:

1. Form I-765

2. Form I-131

3. Attend your Green Card Interview

Documents for getting a Green Card through marriage by Adjustment of Status

You and your spouse will each need to provide documents to support the Green Card application.  Each step has its own document requirements.

1. Form I-130, Petition for Alien Relative and the I-130A supplement – these forms establish that there is a marital relationship between you and your spouse.  Form I-130 mostly asks for information about you and the I-130A supplement asks for information about your spouse.

• Evidence that you are a U.S. citizen or permanent resident such as your:

o   Birth Certificate

o   Naturalization Certificate

o   Consular Report of Birth Abroad

o   Unexpired Passport

o   Both sides of your Permanent Resident Card

• Proof of your marriage

o   Marriage Certificate

o   Divorce Decree or Death Certificate of prior spouse if either of you were married before

• Proof that your marriage is bona-fide (real) such as:
• • Documentation of joint ownership of property like a mortgage or land deed
  • Lease showing that you 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 can attest to your relationship
  • Photos of you together
  • Copies of texts, emails or cards between the two of you
• Two passport-style photos of you and your spouse

2. Form I-485, Application to Register Permanent Residence or Adjust Status.  This form establishes that your spouse is eligible to adjust their status.  All documents required relate to your spouse.

• Two passport style photos
• Government issued photo ID such as:

o   Passport (most common)
o   Driver’s License
o   Military ID

• Birth Certificate
• Marriage Certificate
• Proof of Legal Entry into the U.S. such as:

o   Passport Stamp
o   Visa
o   Form I-94 Arrival-Departure Record

• Proof of maintaining legal immigration status such as:

o   Form I-797 approval notice
o   Form I-94 Arrival-Departure Record
o   Form I-20 (for those with student visas)
o   Form DS-2019 (for those with exchange visitor visas)
o   Passport Stamp

• Additional Evidence – depending on individual circumstances, some people might need to submit additional evidence.  This could include documents such as arrest records or waivers.

3. Form I-864, Affidavit of Support.  This form is used to show that you are financially able to support your spouse.  You must also provide evidence of this:

• Proof of 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, some people 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

4. Form I-944, Declaration of Self-Sufficiency.  This form is used to show that your spouse is able to support themselves financially.  They must also provide evidence of this:

• Income Tax Returns or Transcripts for all household members
• Proof of assets such as:

o   Property deed and appraisal
o   Checking and savings account statements
o   Annuities
o   Stocks and bonds /certificates of deposit
o   Retirement and Education accounts

• Proof of Liabilities/Debts such as:

o   Mortgages
o   Car loans
o   Unpaid spouse or child support
o   Unpaid taxes
o   Credit card debt

• Credit score and report
• Proof of bankruptcy (if applicable)
• Proof of health insurance
• Proof of use of public benefits such as:

o   Any Federal, State, local, or tribal cash assistance program
o   Supplemental Security Income
o   Temporary Assistance for Needy Families
o   Food Stamps
o   Section 8 Housing or Rental Assistance
o   Medicaid

• High School or College Diplomas
• Occupational Certificates or Licenses
• Proof of English or other language skills

5. Form I-765, Application for Employment Authorization.  This form is used to apply for an Employment Authorization Document (EAD).  It is optional, but your spouse should submit it if they want to work while their case is pending.  They will need to provide supporting evidence:

• Two passport-style photos
• I-485 Receipt Notice if they are applying after submitting their AOS application
• Passport
• Form I-94 Arrival-Departure Record
• Front and Back of previously issued EAD card (if applicable)

6. Form I-131, Application for Travel Document.  This form is also optional, but your spouse should apply if they want to travel outside of the U.S. while their case is pending.  They will need to provide supporting evidence:

• Two passport-style photos
• I-485 Receipt Notice if they are applying after submitting their AOS application
• Photo ID with date of birth such as:

o   Passport
o   Driver’s License

7. Green Card Interview.  You and your spouse will be required to interview at a local USCIS field office.  Your spouse will receive an interview notice that will list documents to bring.  You should bring both original documents and photocopies.  Your spouse will need to bring:

• Interview Notice
• Photo ID
• Form I-693 Report of Medical Examination and Vaccination Record in a sealed envelope.  Your spouse will need to have a medical exam by a designated doctor before the interview.  Some people submit this form when they apply for AOS, but many people choose to wait to avoid having to repeat the exam as it could expire if their case is pending for a long period.
• All immigration documents ever issued to your spouse
• All travel documents used to enter the U.S.
• Birth Certificate
• Marriage Certificate
• Supporting evidence of your relationship
• Birth Certificates for each child
• 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

Photocopies of documents are acceptable in most circumstances.  Do not submit originals unless specifically instructed to do so.  Any documents written in a language other than English will need to be translated.  Both the original and translation needs to be submitted.

Getting a Green Card through marriage by Consular Processing

If your spouse is not already in the U.S. or otherwise not eligible to adjust their status, they will need to go through consular processing.  This means they will interview for their Green Card at a U.S. consulate in their home country.

The Process for getting a Green Card through marriage by Consular Processing

1. File Form I-130 and the I-130A supplement

2. Pay Fees and Submit Form I-864

3. Your spouse submits Form DS-260 online visa application

4. Your spouse uploads civil documents

5. Your spouse schedules and attends their visa interview

Documents for getting a Green Card through marriage by Consular Processing

You and your spouse will each need to provide documents to support the Green Card application.  Each step has its own document requirements.

1. Form I-130, Petition for Alien Relative and the I-130A supplement- The same documents under the I-130 section listed above will also apply here, except that you will only need to provide passport-style photos for yourself, not your spouse.

2. Pay Fees and Submit Form I-864- The same documents under the I-864 section listed above will also apply here.

3. Your spouse submits form DS-260 online visa application- This form doesn’t require any additional documents.

4. Your spouse uploads civil documents to the National Visa Center (NVC)- all documents must be translated if they are in a language other than English or the language spoken where the consulate is located.  Document requirements can vary somewhat from country to country but usually include:

• Birth Certificate
• Court or Prison Records (if applicable)
• Marriage certificate for all marriages
• If your spouse was previously married, documentation that all prior marriages ended such as:

o   Divorce Decree
o   Death Certificate
o   Annulment Papers

• If you were previously married, documentation that all prior marriages ended such as:

o   Divorce Decree
o   Death Certificate
o   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.

5. Your spouse schedules and attends their visa interview.  They will need to do and bring the following:

• Before the interview they will need to have a medical exam with an embassy-approved doctor, who will complete Form I-693, Report of Medical Examination and Vaccination Record
• Original or certified copies of all documents that were uploaded to the NVC
• Visa Appointment Letter
• Passport valid for at least six months
• Two passport-style photos
• DS-260 confirmation page

Conclusion

Applying for a Green Card through marriage is one of the most common ways to get a Green Card. You should now have a much better understanding of the application process and the documents you will need.

If you have any questions on any of the information discussed in this guide, feel free to email me directly at contact@ashoorilaw.com. I’m a U.S. immigration lawyer, I’m very responsive via email, and I would be happy to help you.

Resources

I-130, Petition for Alien Relative

I-485, Application to Register Permanent Residence or Adjust Status

I-864, Affidavit of Support Under Section 213A of the INA

I-944, Declaration of Self-Sufficiency

I-765, Application for Employment Authorization

I-131, Application for Travel Document

I-693, Report of Medical Examination and Vaccination Record

Immigrant Visa Process