Marriage Green Card Checklist if Both Spouses in the U.S.
If both spouses are in the U.S. and the foreign spouse wishes to apply for a marriage-based green card (permanent residency), the following is a checklist of required documents for the application process:
- Form I-130, Petition for Alien Relative: The U.S. citizen or permanent resident spouse (petitioner) must complete and file this form with the U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship between the petitioner and the foreign spouse.
- Proof of U.S. Citizenship or Permanent Residency: Provide evidence of the petitioner’s U.S. citizenship (e.g., U.S. passport, Certificate of Naturalization) or permanent residency status (e.g., Permanent Resident Card – Green Card).
- Proof of Relationship: Include documents proving the qualifying relationship between the petitioner and the foreign spouse. This could be a marriage certificate, as well as any other relevant documents showing a bona fide marital relationship.
- Passport-Style Photos: Include passport-sized photos of both the petitioner and the foreign spouse, adhering to the USCIS specifications.
- Affidavit of Support (Form I-864): The petitioner must complete Form I-864 to demonstrate their financial ability to support the intending immigrant. Include evidence of the petitioner’s income, assets, and financial situation.
- Financial Documents: Provide evidence of the petitioner’s income, such as tax returns, W-2 forms, and recent pay stubs. If the petitioner does not meet the income requirement, they may need a joint sponsor (if applicable) to complete Form I-864A.
- Medical Examination: The foreign spouse will need to undergo a medical examination by a designated civil surgeon within the United States. The results of the medical examination will be provided directly to USCIS.
- Form I-485, Application to Register Permanent Residence or Adjust Status: The foreign spouse will need to complete Form I-485 to apply for adjustment of status to lawful permanent resident (green card holder).
- Form I-765, Application for Employment Authorization (optional): If the foreign spouse wishes to work while the green card application is pending, they may also submit Form I-765 to apply for an employment authorization document (EAD).
- Form I-131, Application for Travel Document (optional): If the foreign spouse wishes to travel outside the U.S. while the green card application is pending, they may also submit Form I-131 to apply for a travel document (advance parole).
- Filing Fees: Submit the required filing fees along with the forms. Fee amounts may change, so check the USCIS website for the most up-to-date information.
Please note that the checklist may vary depending on the specific circumstances of your case, and additional supporting documents may be required. It is crucial to carefully follow the instructions provided by USCIS and consult with an immigration attorney for personalized guidance and assistance with the application process.
Adjustment of Status checklist for a marriage green card application
The Adjustment of Status (AOS) process allows a foreign spouse who is already in the U.S. to apply for a marriage-based green card (permanent residency) without having to leave the country. Below is a checklist of required documents for the AOS application:
- Form I-485, Application to Register Permanent Residence or Adjust Status: Complete and submit this form to apply for adjustment of status to lawful permanent resident (green card holder).
- Form I-130, Petition for Alien Relative: If not already filed, the U.S. citizen or permanent resident spouse must have previously filed Form I-130 to establish the qualifying relationship with the foreign spouse.
- Passport-Style Photos: Include passport-sized photos of the foreign spouse and adhere to the USCIS specifications.
- Form I-864, Affidavit of Support: Complete Form I-864 to demonstrate financial ability to support the intending immigrant (the foreign spouse).
- Financial Documents: Provide evidence of the U.S. citizen or permanent resident spouse’s income, such as tax returns, W-2 forms, and recent pay stubs. If the petitioner does not meet the income requirement, they may need a joint sponsor (if applicable) to complete Form I-864A.
- Medical Examination: The foreign spouse will need to undergo a medical examination by a designated civil surgeon within the United States. The results of the medical examination will be provided directly to USCIS.
- Form I-765, Application for Employment Authorization (optional): If the foreign spouse wishes to work while the green card application is pending, they may also submit Form I-765 to apply for an employment authorization document (EAD).
- Form I-131, Application for Travel Document (optional): If the foreign spouse wishes to travel outside the U.S. while the green card application is pending, they may also submit Form I-131 to apply for a travel document (advance parole).
- Civil Documents: These may include birth certificates, marriage certificates, divorce decrees (if applicable), and any other documents related to the marital relationship.
- Police Clearance Certificates: The foreign spouse may need to obtain police clearance certificates from any country they have lived in for an extended period since the age of 16.
- Evidence of a Bona Fide Marriage: Include evidence to establish the authenticity of the marriage and demonstrate that it is genuine, such as joint bank account statements, lease agreements, utility bills, photos together, affidavits from friends and family, and any other relevant documents showing a shared life.
- Filing Fees: Submit the required filing fees along with the forms. Fee amounts may change, so check the USCIS website for the most up-to-date information.
Please note that the checklist may vary depending on the specific circumstances of your case, and additional supporting documents may be required. It is essential to carefully follow the instructions provided by USCIS and consult with an immigration attorney for personalized guidance and assistance with the application process.
