What Documents Do I Need to Apply for a Marriage Green Card?

A green card offers numerous benefits, most important of which is allowing the holder to live and work in the United States. After residing and working in the U.S. for a certain duration without any legal issues, you can apply to become a naturalized U.S. citizen. If you have a green card and are married to a U.S. citizen, you can apply to be a U.S. citizen after three years; if you’re not married to a U.S. citizen, you can apply after five years.

So, if you have plans to live in the U.S., the best way to achieve your dream is to apply for a green card; if you get married to an American citizen and want to move permanently to the U.S., you’ll still need a green card. Applying for this type of green card can be a challenge, especially if you don’t have the right information about what’s needed and how to go about it. This is why you may want to hire a marriage green card attorney to handle your application–the cost of hiring a lawyer is the same as the attorney fees for an E2 visa.

Fortunately, there are many individual lawyers and law firms in the U.S. that offer these services–you just have to ensure that the people you’re working with are trustworthy and experienced enough to help you obtain your green card without delay. The law firm you choose plays an important role in determining how long it takes to get a marriage green card. Apart from getting a good immigration lawyer, you’ll also need all the necessary documents ready–so what are the documents needed to apply for a green card through marriage?

For a comprehensive overview of the marriage green card, see our ultimate guide to marriage green card.

Important Documents Needed to Apply for a Marriage Green Card

First, it’s important to understand that there are several marriage-based Green Card forms you’ll be required to fill out before submitting your application. These include the family sponsorship form (I-130), green card application form (I-485), online green card application form (DS-260), financial support form (I-864), work-permit application form (I-765), and the travel permit application form (I-131). It’s also important to note that the documents needed for a marriage-based green card application vary by situation, but generally, they include the following documents:

●      Birth certificate

●      Marriage certificate

●      Financial documents

●      Proof of sponsor’s U.S. citizenship or permanent residence

●      Proof of lawful U.S. entry and status, if applicable

●      Police clearance certificate, if applicable

●      Prior-marriage termination papers, if applicable

●      Court, police, and prison records, if applicable

●      Military records, if applicable

●      Immigration violation records, if applicable

●      Current or expired U.S. visa(s)

●      Medical examination document

Although these documents are important when applying for a green card, you don’t need to have all of them from the start. Some will only be needed in later stages of the application. Here is a breakdown of the documents you’ll need to complete the family sponsorship and green card application forms:

Family Sponsorship Form (I-130)

This form requires you to provide documents to prove that the sponsoring spouse is a U.S. citizen. These documents include a U.S. birth certificate, valid U.S. passport, naturalization certificate, certificate of citizenship, and consular report of birth abroad. If your sponsoring spouse obtained U.S. citizenship through adoption, then adoption papers should be included as well. If your sponsoring spouse is a green card holder, they must provide proof of green card holder status. These documents include a green card and a passport issued in another country or a I-551 temporary evidence stamp.

You and your spouse must provide documents to prove you are married, and that the marriage is bona fide, i.e., in good faith. The most important documents for this include a marriage certificate, joint lease, joint bank account statements, and photos of the two of you together. If you have been married before, you must provide proof of termination of prior marriages, including divorce papers, death certificates, or certificates of annulment. If any have changed their names, they must provide proof of official name change, including marriage certificates, court orders of the name change, and adoption papers.

Green Card Application Form or Adjustment of Status Form (I-485)

This form requires you to provide several documents, including proof of nationality, proof of lawful U.S. entry and status, a record of your previous interactions with police (if any), and records of previous immigration violations, if any.

Although this process may seem lengthy and difficult, a skilled attorney will be able to guide you each step of the way–the experts at Xu Law Group are ready to help.

Other Adjustment of Status Forms:

Adjustment of Status is the process of applying for permanent residence in the United States. This option is only available to someone who is applying within the United States. An adjustment of status application typically consists of the following forms (and their required evidence).

• G-1145, E-Notification of Application

• G-28, Notice of Entry of Appearance of Attorney

• I-130, Petition for Alien Relative

• I-130A, Supplemental Information

• I-485, Application to Register Permanent Residence

• I-864, Affidavit of Support

• I-864, Affidavit of Support (if using a joint sponsor)

• I-765, Application for Employment Authorization 

• I-131, Application for Travel Document

• I-639, Report of Medical Examination and Vaccination Record

Consular Processing (Applying for a marriage green card from abroad)

If the spouse is physically residing in their home country they must first have their case initiated by filing Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS).

A U.S. citizen or permanent resident then files on behalf of their spouse as proof that a valid marriage has been entered into. Once USCIS approves the petition, it is sent to the National Visa Center where additional information can be requested from you or your spouse before transferring your case to a consulate abroad in order to apply for an immigrant visa.

Applicants who are either physically outside the U.S. or cannot adjust the status as explained above will need to apply via consular processing at a U.S. consulate abroad.

A consular processing application is a complex multi-stage process that typically consists of the following forms and supporting documents (and their required evidence).

• G-1145, E-Notification of Application

• G-28, Notice of Entry of Appearance of Attorney

• I-130, Petition for Alien Relative

• I-130A, Supplemental Information

• I-485, Application to Register Permanent Residence

• I-864, Affidavit of Support

• I-864, Affidavit of Support (if using a joint sponsor)

• I-765, Application for Employment Authorization 

• I-131, Application for Travel Document

• I-639, Report of Medical Examination and Vaccination Record

• DS-260

Supporting Documents to Prove your Marriage is a Bona Fide Marriage

• Photos of the couple together in different settings

• Marriage Certificate

• Joint bank account

• Joint rental lease or housing deed

• Joint insurance card and policy

• Birth Certificates of your children

• Affidavits prepared by common friends who have knowledge of your bona fide relationship

Other Supporting Documents to Include

• Passport Biography page and visa page

• Birth certificate

• Naturalization Certificate

• Employment documents

• W-2s

• Last 6 month’s paystubs

• Employment verification letter

• Federal tax return most recent tax year

• Passport size photos

Marriage Green Card Income Requirements for the U.S. Sponsoring Spouse

In order to sponsor a foreign spouse for a marriage based green card, the U.S. citizen or green card holder must submit the affidavit to financially support the foreign spouse using form I-864. There are strict income and asset requirements for the U.S. sponsor. The minimum income is typically $21,775 for a household size of 2, and goes up as the household size increases.

Why Hire a Marriage Green Card Attorney

An immigration lawyer at Xu Law Group can help with your green card marriage application, forms, documents, supporting evidence, interview preparation, and receive government agency notices on your behalf, and ensure your green card petition happens smoothly. Immigration law can be confusing. We have successfully handled hundreds of marriage green card cases for our clients. No matter what the challenge is facing each couple, we are ready to represent you throughout this unique journey. Your experience working with us will be nothing short of world-class. From the cutting-edge immigration tech tool we developed to make the process friendly, fast, and accurate, to the personal care you will receive from our legal team, we are here to ensure your success at every step of the way.

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