Marriage-Based Green Card Documents Checklist

Applying for a marriage-based green card is a big step toward securing permanent resident status in the United States. One of the key parts of this process is providing all the required documents to U.S. Citizenship and Immigration Services (USCIS). If you miss a document or provide incomplete information, it could delay your application or even result in a denial.

Marriage visa lawyers can help you follow this marriage green card documents checklist to help your application process and ensure everything is in order before you submit your forms.

What Is a Marriage-Based Green Card?

A marriage-based green card is a form of permanent residency granted to foreign nationals who are married to U.S. citizens or lawful permanent residents. It allows the foreign spouse to live and work in the U.S. as a permanent resident and can eventually lead to U.S. citizenship.

The process involves submitting various forms and supporting documents to prove the authenticity of the marriage and the eligibility of the foreign spouse. But what documents do you need to include? Here’s a breakdown of the most essential documents.

Essential Marriage-Based Green Card Documents

The following documents are vital for proving the legitimacy of your marriage and meeting the eligibility requirements for a marriage-based green card. Make sure to check with an immigration attorney to ensure you’ve included everything needed for your specific case.

These documents are required for the marriage green card process:

• Marriage certificate: Official proof of the legal marriage between you and your U.S. citizen or permanent resident spouse. It must be an original or certified copy, and if it’s not in English, provide a certified translation.
• Form I-130 (Petition for Alien Relative): The petition filed by your U.S. spouse to establish the family relationship. This form is the first step in the green card process.
• Form I-485 (Application to Adjust Status): If you’re already in the U.S., this form is used to apply for lawful permanent resident status and adjust your status to that of a green card holder.
• Passport-style photos: Two recent, identical passport-style photos of you and your spouse that meet the specifications outlined by USCIS.
• Government-issued identity document: A copy of your passport, birth certificate, or other government-issued ID to verify your identity and nationality.
• Proof of U.S. citizenship or lawful permanent resident status: A copy of your spouse’s U.S. birth certificate, naturalization certificate, or green card to prove their status as a U.S. citizen or lawful permanent resident.
• Form I-864 (Affidavit of Support): Your U.S. spouse must submit this form to show they have the financial means to support you and that you will not become a public charge.
• Proof of bona fide marriage: Documents showing that your marriage is genuine, such as joint bank statements, photos together, shared insurance policies, lease or mortgage documents, and any other evidence of your shared life.
• Medical examination and vaccination records: A completed medical exam by a USCIS-approved physician, including proof of vaccinations required for entry into the U.S.
• Proof of termination of prior marriages: Divorce decrees, annulment papers, or death certificates if either you or your spouse has been previously married.

These documents may be requested by USCIS, but are not always required:

• Form I-765 (Employment Authorization Document): If you wish to work while your green card application is pending, you can file for an employment authorization document (EAD).
• Form I-131 (Advance Parole): If you need to travel while your green card application is pending, this form allows you to apply for permission to re-enter the U.S. without abandoning your application.
• Form DS-260 (Immigrant Visa Application): If applying for a marriage-based green card through consular processing (i.e., you're outside the U.S.).
• Court records: If you have any criminal history, you may need to provide court records, including dispositions and evidence of rehabilitation.
• Other supporting documents: Additional documentation, such as financial records, travel history, and letters from friends or family, may be requested by USCIS to further support your application.

Form I-130: Petition for Alien Relative

Form I-130 is the first step in the green card process, where your U.S. citizen or lawful permanent resident spouse petitions for your immigrant visa or green card. You’ll need to submit the completed Form I-130 along with proof of your relationship. This form proves that the marriage is bona fide and not for immigration purposes.

This form requires:

Form I-485: Application to Register Permanent Residence or Adjust Status

If you're already in the U.S., you’ll need to file Form I-485 to adjust your status from a non-immigrant (e.g., a visitor or student) to a permanent resident. This form will allow you to stay in the U.S. while your green card application is processed.

It also allows applicants to obtain employment authorization while their status adjustment is pending.

You will need these documents:

Supplemental forms may be required in certain circumstances, such as when the foreign spouse has previously been deported or has A, G, or NATO non-immigrant status.

Form I-765: Application for Employment Authorization

If you are in the U.S. and need permission to work while your Form I-485 application is being processed, you can file Form I-765, the application for an employment authorization document (EAD). This document allows you to work legally in the U.S. while waiting for your permanent residency to be approved.

You may need to provide:

Form DS-260: Immigrant Visa Electronic Application

Form DS-260 is an alternate route to the same result that Form I-485 accomplishes. It's used by foreign nationals applying for an immigrant visa at a U.S. consulate or embassy outside the U.S.

If you're applying for a marriage-based green card and your case is processed through consular processing (i.e., you are outside the U.S.), you will need to file Form DS-260 as part of the process to obtain an immigrant visa.

The applicant must attend interviews and medical appointments in that country, maintaining non-immigrant status while their application is pending. If approved, the applicant's passport is stamped with a visa that confers permanent resident status in the United States.

You will need the following:

Form I-131: Application for Travel Document

If your application through Form I-485 is pending, traveling without obtaining authorization could result in the denial of your application. Fortunately, Form I-131 can allow you to travel without jeopardizing your application — provided you apply in advance.

For this application, you will need:

Form I-864: Affidavit of Support

Your U.S. citizen spouse must submit Form I-864, the Affidavit of Support, to show they can financially support you. This helps ensure that you will not rely on government assistance.

The affidavit will need to include supporting documents, such as:

If the petitioner does not meet the income requirements, they must find a joint sponsor who meets the criteria.