Crucial Papers: Key Marriage Green Card Documents Unveiled

The prospect of obtaining a green card through marriage represents a new chapter filled with promise and opportunity. However, before you can embark on this journey, it's important to make sure you have all the necessary documents in order.

These documents serve as the cornerstone of your application, providing evidence of your marital relationship and eligibility for permanent residency. From personal identification to proof of joint financial assets, each piece of evidence plays a crucial role in substantiating the legitimacy of your union in the eyes of immigration authorities.

In this comprehensive guide, we'll highlight the essential documents needed to successfully make it through the green card application process and pave the way for a bright future with your spouse.

1. Sponsorship Form for Family Unity (I-130)

Submitting Form I-130, Petition for Alien Relative, also known as the family sponsorship form, is the crucial first step in obtaining a green card through marriage.

This form establishes the relationship between the petitioner (the U.S. citizen or lawful permanent resident spouse) and the beneficiary (the foreign spouse seeking the green card). It serves as a petition to classify the foreign spouse as an immediate relative of the U.S. citizen or lawful permanent resident.

Let's explore the specific documents required for this form:

Document Type	Description
Form I-130	Completed and signed petition form by the petitioner (U.S. citizen or lawful permanent resident).
Proof of Petitioner's Status	Copy of petitioner's birth certificate, naturalization certificate, or green card.
Proof of Relationship	Documents establishing the relationship between petitioner and beneficiary (e.g., marriage certificate).
Passport-Style Photos	Clear, properly framed photos of petitioner and beneficiary.
Beneficiary's Birth Certificate	Copy of beneficiary's birth certificate.
Beneficiary's Passport	Copy of beneficiary's passport.
Evidence of Legal Name Change (If Any)	Documents showing legal name changes for either petitioner or beneficiary.
Evidence of Previous Marriages (If Any)	Divorce decrees, annulment certificates, or death certificates if either petitioner or beneficiary was previously married.
Proof of Legitimate Marriage (If Applicable)	Evidence proving the legitimacy of the marriage, such as joint bank accounts, leases, or birth certificates of children born during the marriage.
Affidavit of Support (Form I-864)	If required, Form I-864, Affidavit of Support, from the petitioner.
Financial Documents	Proof of petitioner's financial ability to support the beneficiary (e.g., tax returns, employment verification).
Passport-Style Photos of Dependents (If Any)	Photos of any dependents included in the petition.
Filing Fee	Payment of the filing fee (if not exempted).

2. Comprehensive Spousal Information Supplement (I-130A)

Form I-130A, Supplemental Information for Spouse Beneficiary, serves to complement the primary Form I-130 by providing additional biographical information about the foreign spouse beneficiary. This form helps immigration authorities establish the identity and background of the beneficiary, ensuring transparency and accuracy throughout the application process.

Here’s what's needed to support your spouse's green card application with Form I-130A:

Document Type	Description
Form I-130A	Completed Form I-130A signed by the spouse beneficiary.
Passport-Style Photos	Two passport-style photographs of the spouse beneficiary.
Beneficiary's Birth Certificate	A copy of the spouse beneficiary's birth certificate.
Beneficiary's Passport	A copy of the spouse beneficiary's passport.
Marriage Certificate	A copy of the marriage certificate demonstrating the legal union between the petitioner and spouse beneficiary.
Proof of Legal Name Change (If Any)	Any documents demonstrating a legal name change for the spouse beneficiary (e.g., marriage certificate, court order).
Evidence of Previous Marriages (If Any)	Divorce decrees, annulment certificates, or death certificates if the spouse beneficiary was previously married.
Filing Fee	Payment of the filing fee (if applicable).

3. Financial Assurance Declaration (I-864)

Form I-864, Affidavit of Support, is designed to demonstrate that the prospective immigrant will have adequate financial support and won’t be a public charge once they become a lawful permanent resident of the United States. This form is typically completed by the sponsoring spouse, who assumes responsibility for supporting the immigrant spouse.

By submitting Form I-864, the sponsor pledges to provide financial support to the immigrant spouse at an income level that meets or exceeds the required threshold set by the U.S. government.

The documents required to process Form I-864 are as follows:

Document Type	Description
Form I-864	Completed Form I-864 signed by the petitioner (sponsor).
Proof of Petitioner's Status	Evidence of the petitioner's status as a U.S. citizen or lawful permanent resident, such as a birth certificate, naturalization certificate, or green card.
Tax Returns	Copies of the petitioner's most recent federal income tax returns (Form 1040) and all relevant schedules for the past three years.
W-2 Forms or 1099	Copies of the petitioner's W-2 forms or 1099 forms for the most recent tax year.
Proof of Income	Documentation demonstrating the petitioner's income, such as pay stubs, employer letter, or employment contract.
IRS Transcript	A copy of the petitioner's IRS tax return transcript for the most recent tax year.
Assets	Documentation of assets, such as bank statements, real estate deeds, or statements of stock holdings.
Proof of Relationship	Evidence of the relationship between the petitioner and the intending immigrant (if not the petitioner's immediate relative).
Supporting Documents	Any additional supporting documents requested by United States Citizenship and Immigration Services (USCIS) to demonstrate financial capability (e.g., a letter explaining any gaps in employment).
Filing Fee	Payment of the filing fee (if applicable).

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4. Application for Permanent Residency (I-485)

The Green Card Application Form (I-485), also known as the Application to Register Permanent Residence or Adjust Status, is the main form used to apply for lawful permanent resident status in the United States. It allows the immigrant spouse to apply for adjustment of status to obtain a green card without having to leave the country.

By filing Form I-485, the immigrant spouse requests permission to live and work permanently in the United States, provided they meet the eligibility criteria outlined by USCIS.

Review the documents required for proper completion of Form I-485:

Document Type	Description
Passport-Style Photos	Two passport-style photos of the applicant.
Birth Certificate	A copy of the applicant's birth certificate.
Passport	Applicant's passport (biographic page).
Form I-94 Arrival-Departure Record	A copy of the applicant's Form I-94 Arrival-Departure Record.
Form I-797 Approval Notice	Copies of any Form I-797 approval notices (if applicable).
Visa Documentation	Copies of visa documentation (e.g., visa stamp, visa approval notice).
Marriage Certificate (If Applicable)	A copy of the marriage certificate if adjusting status based on marriage to a U.S. citizen or lawful permanent resident.
Divorce Decrees or Annulment Certificates (If Applicable)	Copies of divorce decrees or annulment certificates if previously married.
Form I-20 (for Those with F or M Visas)	Form I-20 for applicants with F or M visas.
Form DS-2019 (for Those with J Visas)	Form DS-2019 for applicants with J visas.
Police Clearance Certificates (If Applicable)	Police clearance certificates from all countries where the applicant has lived for more than six months since turning 16.
Proof of Eligibility	Any other documents demonstrating eligibility for adjustment of status (e.g., approved immigrant petition).

5. Online Application for Permanent Residency (DS-260)

Form DS-260, Immigrant Visa Electronic Application, is an electronic application used by individuals applying for immigrant visas at U.S. embassies and consulates abroad.

While not specifically tailored for green card applications through marriage, Form DS-260 is relevant for spouses who reside outside the U.S. and are seeking immigrant visas to join their U.S. citizen or lawful permanent resident spouse.

This form gathers biographic information, details about the applicant's intended stay in the United States, and background information necessary for the visa application process.

Here’s what you’ll need to streamline your spouse's green card application process with Form DS-260:

Document Type	Description
Birth Certificate (Issued in Another Country)	Proof of the applicant's identity and date of birth.
Passport (Issued in Another Country)	Proof of the applicant's identity and nationality.
Marriage Certificate	Evidence of marital status and relationship history.
Divorce Papers (If Applicable)	Evidence of termination of previous marriages.
Death Certificate of Former Spouse (If Applicable)	Evidence of the termination of a previous marriage due to the death of a spouse.
Certificate of Annulment (If Applicable)	Evidence of the annulment of a previous marriage.
DD-214 (If Applicable)	Evidence of service in and honorable discharge from the U.S. military.
Other U.S. Military Service Records	Additional evidence of military service and discharge status.
Military Service Records (From Another Country)	Evidence of military service in another country.
Police Clearance Certificate	Verification of the applicant's criminal record (or lack thereof) in countries where they’ve resided.
Deportation Document	Disclosure of any past deportation or removal proceedings.
Proof of Eligibility	Any other documents demonstrating eligibility for adjustment of status (e.g., approved immigrant petition).

6. Employment Authorization Application (I-765)

Form I-765, Application for Employment Authorization — also known as the Work Permit Application — allows eligible applicants, including spouses applying for green cards through marriage, to request permission to work legally in the United States.

By filing Form I-765 concurrently with their green card application or during the adjustment of status process, the foreign spouse can pursue employment opportunities and contribute to their household income while awaiting a decision on their permanent resident status.

The following supporting documents are required for Form I-765 to facilitate your spouse's ability to work while awaiting their green card:

Document Type	Description
I-94 Travel Record	Proof of lawful entry into the U.S.
Valid U.S. Visa	Evidence of current legal immigration status.
Passport (Issued in Another Country)	Proof of identity and nationality.
Receipt Notice (Form I-797C, Notice of Action)	Confirmation of the applicant's filing of Form I-765.
Prior Work Permit(s) (If Any)	Evidence of previous authorization to work in the U.S.
Birth Certificate and Photo ID	Proof of identity and age.
Visa (Issued in Another Country)	Additional proof of identity and travel history.
Another National Identity Document with Photo and/or Fingerprint	An additional form of identification.
Two 2”x2” Passport-Style Photos	Two small-sized passport-style photographs.
Police Clearance Certificate	Verification of the applicant's criminal record (or lack thereof) in countries where they’ve resided.
Deportation Document	Disclosure of any past deportation or removal proceedings.
Proof of Eligibility	Any other documents demonstrating eligibility for adjustment of status (e.g., approved immigrant petition).

7. Travel Authorization Application (I-131)

Form I-131, Application for Travel Document, allows individuals with pending adjustment of status applications to request permission to re-enter the United States after temporary international travel.

By submitting Form I-131, the foreign spouse can maintain their ability to travel internationally for important reasons such as family emergencies or work commitments without jeopardizing their pending green card application.

Planning to travel? Review the documents needed for Form I-131:

Document Type	Examples of Acceptable Documents
Identity Validation (Name, Date of Birth, Photo)	- Green card - Passport (photo page only) - Employment Authorization Document (EAD), if available - Official state-issued driver’s license
Immigration Status Verification	- Valid U.S. visa - Alternative documentation provided by USCIS (e.g., Form I-797, Notification of Action) indicating existing standing within the U.S.
Proof of Pending Marriage-Based Green Card Application	Receipt notice (Form I-797C)
Additional Identity Verification	Two 2”x2” passport-style photos

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How to Obtain a Medical Examination Report (Form I-693) for a Green Card Application

Working through the necessary steps for obtaining a marriage-based green card is an exciting yet complex endeavor. One pivotal aspect of this process is completing Form I-693, Report of Immigration Medical Examination and Vaccination Record, which requires a visit to an authorized civil surgeon.

Here’s an overview of how to satisfy the requirements of Form I-693 for your green card application.

1. Find an Authorized Civil Surgeon

Use the "Find a Civil Surgeon" tool on the USCIS website to locate an approved medical professional in your area. USCIS authorizes these doctors to perform immigration medical examinations and complete Form I-693.

2. Schedule an Appointment

Contact the civil surgeon's office to schedule an appointment for your exam. Make sure to ask about any specific requirements or documents you’ll need to bring to the appointment.

3. Prepare for the Examination

On the day of your appointment, bring a government-issued photo ID (e.g., passport or driver's license) and any vaccination records you have. You may also need to bring additional documentation if you have a medical condition or history that requires further evaluation.

4. Undergo the Exam

During your appointment, the civil surgeon will review your medical history, perform a thorough physical examination, and administer any required tests or treatments, such as a tuberculosis (TB) test or vaccinations.

5. Receive the Completed Form I-693

After the examination, your civil surgeon will fill out and sign Form I-693, documenting the results of your examination and vaccination status. They’ll then seal the form in an envelope for submission to USCIS.

6. Keep the Envelope Sealed

The civil surgeon will place the sealed envelope containing Form I-693 in your possession. Don’t open the envelope or tamper with it in any way, as USCIS requires that the envelope remain sealed for submission with your green card application.

7. Submit Form I-693

Include the sealed envelope containing Form I-693 with your green card application package when you file with USCIS. The completed report is a vital component of your application and must be submitted as the agency instructs. Make it a point to adhere to USCIS guidelines and requirements to ensure a smooth and successful application process.

By following these steps and obtaining a medical examination report from an authorized civil surgeon, you can clear one of the biggest hurdles standing between you and your marriage-based green card.

FAQ

Can I submit photocopies of documents, or do I need to provide the originals?

Photocopies are typically accepted for things like employment authorization forms, birth certificates, and supporting documents. In some cases, however, original documents may be required for verification purposes.

Can I include my children in my green card application?

Certainly! When applying for a marriage-based green card, you have the option to include your children in the application as dependents. Make sure they meet the eligibility criteria and are properly listed in the required marriage green card documents.

Is it necessary to provide translations of documents that aren’t in English?

Yes. You’ll need to provide reliable translations of any documents that aren’t in English, including your receipt notice, alien relative documents, and national identity documents. For verification purposes, the original documents should accompany these translations.

How long does it typically take to gather and organize all the required documents for a marriage-based green card application?

The timeline can vary greatly. In general, however, it may take anywhere from one to three months to compile all the necessary documents, including birth certificates, the green card holder’s information, naturalization certificates, and details of any prior marriages.

Make Your Immigration Dreams a Reality with SimVisa

Obtaining a marriage-based green card is a significant milestone that requires careful attention to detail, especially when it comes to gathering the necessary documents. By ensuring that you have all the essential paperwork in order, you can streamline the application process and increase your chances of success.

If you encounter any challenges or need professional assistance along the way, the compassionate team at SimVisa, your trusted Chicago immigration law firm, is here to help.

As a leading immigration law firm, we have the knowledge and experience to guide you through every step of the process and address any concerns you may have. Don't hesitate to connect with us for personalized advice and support.

Contact SimVisa today and let us help you achieve your goal of securing a green card through marriage.

Essential Documents Needed to Apply for a Green Card Through Marriage

SohYoon Atac

co-founder of SimVisa

Sohyoon is the co-founder of SimVisa. She has over 15 years of immigration specific experience and as an immigrant herself, fully understands the daunting nature of navigating the immigration process.

Essential Documents Needed to Apply for a Green Card Through Marriage