A marriage-based green card comes with a lot of paperwork — and knowing exactly what to gather before you start can save you time, stress, and costly delays.
Keep in mind that document requirements can vary depending on your specific case. Because of this, always check the official USCIS website for the most current information. It is advisable to consult an immigration attorney if you have questions about your case.
The Two Paths: Adjustment of Status vs. Consular Processing
How you apply depends on where your spouse currently lives.
If your spouse is already in the United States on a valid visa, you may be able to apply through adjustment of status. This allows your spouse to remain in the United States while the application is processed.
Alternatively, if your spouse is living abroad, you will go through consular processing at a U.S. embassy or consulate in their home country.
The required forms and some supporting documents differ between these two paths. This article focuses primarily on adjustment of status. This is the more common path for couples already living together in the United States.
Required USCIS Forms
There are several USCIS forms involved in the adjustment of status process. Understanding which ones are required and which are optional can help you prepare. Additionally, knowing what each form does can save you time.
- Form I-130: Petition for Alien Relative
- Form I-130A: Supplemental Information for Spouse Beneficiary
- Form I-485: Application to Register Permanent Residence or Adjust Status
- Form I-864: Affidavit of Support
- Form I-693: Report of Immigration Medical Examination and Vaccination Record
Optional But Commonly Filed Forms
- Form I-765: Application for Employment Authorization
- Form I-131: Application for Travel Documents, Parole Documents, and Arrival/Departure Records
Civil Documents
Along with your forms, you will need to gather civil documents. It is important to note that any documents not in English must include a certified English translation. You must also have all original documents available in the event that USCIS requests them.
- Valid government-issued marriage certificate
- Proof of the United States spouse’s citizenship or permanent resident status
- Birth certificates for both spouses
- Divorce decrees or death certificates from any prior marriages for both spouses
- Valid passport for the foreign spouse
- Any prior United States immigration documents
Financial Documents
The sponsoring spouse generally must show income of at least 125% of the federal poverty guidelines for their household size. You will need to gather supporting financial documents. Common financial documents include:
- Most recent federal tax returns
- Recent pay stubs
- W-2s or 1099s
- Bank statements
Proof of a Bona Fide Marriage
This is one of the most important parts of the application. USCIS needs to see that your marriage is genuine and not entered into solely for immigration purposes. Therefore, it is important to provide evidence that demonstrates your shared life together. The quality of your evidence matters as much as the quantity. Strong evidence of a bona fide marriage may include:
- Joint bank account statements
- Lease or mortgage documents listing both spouses
- Joint utility bills or insurance policies
- Photos together over time
- Communication records such as emails, messages, or call logs
- Affidavits from friends or family who can speak to your relationship
A Few Important Notes
Document requirements can vary based on individual circumstances. Additionally, if either spouse has had prior immigration violations, prior petitions, or other complicating factors, additional documentation may be required.
Processing times also vary. You can check current USCIS processing times to get a general sense of timelines for your specific form and field office. Always check USCIS for current filing fees before submitting, as fees are subject to change.
Immigration requirements change frequently. What applied last year may be different today. Therefore, if you have questions about your specific situation or want guidance on putting together a strong application, it is important to consult with an attorney. Your initial 30-minute consultation is free. Contact the office today to schedule your consultation!
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