When applying for a marriage-based green card, you’ll need to submit several documents to prove your eligibility. The required documents can vary depending on your specific situation, but here’s a general list to guide you through the process.
Family Sponsorship Form (I-130)
To begin the green card application, the sponsoring spouse (U.S. citizen or green card holder) needs to file Form I-130 (Petition for Alien Relative). Here’s what you need for this form:
I-130 Document Checklist
| Document Type | Examples of Acceptable Documents | Who Needs It? |
| Proof of U.S. citizenship | U.S. birth certificate, valid U.S. passport, naturalization certificate, certificate of citizenship, consular report of birth abroad | Sponsoring spouse who is a U.S. citizen |
| Proof of green card holder (permanent resident) status | Green card, passport issued in another country with a stamp of temporary permanent residence | Sponsoring spouse who is a green card holder |
| Proof of valid marriage | Marriage certificate, joint lease, joint bank account statements, photos of the couple together | Both spouses |
| Proof of termination of prior marriage(s), if any | Divorce papers, death certificate of former spouse, certificate of annulment | Both spouses |
| Proof of official name change, if any | Marriage certificate, court order of name change, adoption papers | Both spouses |
Green Card Application Form (I-485)
If the spouse is applying from within the U.S., they will need to complete Form I-485 (Application to Register Permanent Residence or Adjust Status). Here’s the required documentation:
I-485 Checklist
| Document Type | Examples of Acceptable Documents |
| Proof of nationality | Birth certificate or passport issued in another country |
| Proof of lawful U.S. entry and status | U.S. visa, I-94 travel record |
| Records of previous interactions with law enforcement (if any) | Court, police, or prison records |
| Records of previous immigration violations (if any) | Deportation document |
Online Green Card Application Form (DS-260)
For spouses applying from outside the U.S., they will need to fill out Form DS-260 (Immigrant Visa Electronic Application). Documents include:
DS-260 Checklist
| Document Type | Examples of Acceptable Documents |
| Proof of nationality | Birth certificate or passport issued in another country |
| Proof of valid marriage | Marriage certificate |
| Proof of termination of prior marriage(s), if any | Divorce papers, death certificate of former spouse, certificate of annulment |
| Records of military service (if applicable) | DD-214, other military service records |
| Records of previous interactions with law enforcement (if any) | Police clearance certificate |
| Records of previous immigration violations (if any) | Deportation document |
Financial Support Form (I-864)
The sponsoring spouse (and any co-sponsors) will need to complete Form I-864 (Affidavit of Support) to prove they can financially support their spouse. Required documents include:
I-864 Checklist
| Document Type | Examples of Acceptable Documents | Who Needs It? |
| Proof of ability to financially support the spouse | Most recent U.S. Federal income tax return, pay stubs, employer letter | Sponsoring spouse and any co-sponsors |
| Proof of asset value (if counting assets to meet income requirements) | Bank statements, ownership documents (stocks, bonds, property, etc.), recent appraisal of home or vehicle | Sponsoring spouse, financial co-sponsor, and spouse seeking a green card |
Work Permit Application Form (I-765)
If the spouse is applying for a green card from within the U.S., they may also apply for a work permit using Form I-765 (Application for Employment Authorization). Documents required:
I-765 Checklist
| Document Type | Examples of Acceptable Documents | Who Needs It? |
| Proof of lawful U.S. entry and status | I-94 travel record, valid U.S. visa, passport | Spouse seeking a green card from within the U.S. |
| Proof of pending green card application | Receipt notice (Form I-797C) | Spouse seeking a green card from within the U.S. |
| Proof of previous work authorization in the U.S. | Prior work permit(s) | Spouse seeking a green card who has been issued a previous work permit |
| Proof of nationality | Birth certificate, photo ID, national identity document | Spouse seeking a green card with no prior work permit |
| Proof of identity | Two passport-style photos | Spouse seeking a green card from within the U.S. |
Travel Permit Application Form (I-131)
If the spouse is applying for a green card from within the U.S. and needs to travel outside the country, they will need to complete Form I-131 (Application for Travel Document). Documents include:
I-131 Checklist
| Document Type | Examples of Acceptable Documents | Who Needs It? |
| Proof of identity | Green card, passport (photo page), work permit, government-issued driver’s license | Spouse seeking a green card from within the U.S. |
| Proof of present immigration status | U.S. visa, other USCIS-issued documents | Spouse seeking a green card from within the U.S. |
| Proof of pending green card application | Receipt notice (Form I-797C) | Spouse seeking a green card from within the U.S. |
| Proof of identity | Two passport-style photos | Spouse seeking a green card from within the U.S. |
Special Considerations
- Unavailable Documents: If you can’t find any of the required documents, you can obtain official copies or provide notarized statements from yourself and others.
- Documents in a Foreign Language: If any documents are not in English, you must provide certified English translations along with the original documents.
Do I Need to Translate Documents into English?
Yes, all documents submitted in a foreign language must be translated into English. The translation should be accurate and done by a qualified translator.
How Should I Submit the Documents?
It’s recommended to submit clear, legible photocopies of the original documents unless USCIS specifically asks for the original copies.
How Far Back Do the Documents Need to Go?
Your documents should cover the entire period of the relationship, including initial dating or courtship, joint financial responsibilities, and evidence of the ongoing commitment to your marriage.
With the right documentation and preparation, applying for a marriage green card can be a smooth process. For assistance with the forms and documentation, consider working with an experienced immigration law firm that specializes in marriage-based visas.
