Applying for a marriage-based green card through consular processing involves a significant amount of paperwork. Knowing what documents to gather ahead of time can help you stay organized and may help you avoid unnecessary delays.
Keep in mind that document requirements can vary depending on your specific case. Always check the official USCIS website and the State Department’s website for the most current information. It is advisable to consult an immigration attorney if you have questions about your case.
Who Uses This Path
Consular processing applies if your spouse is living outside the U.S. After USCIS approves the initial petition, the case transfers to the National Visa Center (NVC). Then, to a U.S. embassy or consulate in your spouse’s home country for the final steps.
Required USCIS and State Department Forms
- Form I-130: Petition for Alien Relative
- Form I-864: Affidavit of Support
- Form DS-260: Immigrant Visa Application
- Medical Examination completed by a State Department-approved panel physician
Civil Documents
Along with your forms, you will need to gather civil documents. Any documents not in English must include a certified English translation. Original documents should be available in the event they are requested.
- Valid government-issued marriage certificate
- Proof of the U.S. spouse’s citizenship or permanent resident status
- Birth certificates for both spouses
- Divorce decrees or death certificates from any prior marriages
- Valid passport for the foreign spouse
- Police certificates from the foreign spouse’s country of residence and any prior country of residence
Financial Documents
The sponsoring spouse generally must show income of at least 125% of the federal poverty guidelines for their household size.
- Most recent federal tax returns
- Recent pay stubs
- W-2s or 1099s
- Bank statements
Proof of a Bona Fide Marriage
Consular officers, like USCIS, need to see that your marriage is genuine. 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
- Affidavits from friends or family
A Few Important Notes
- Document requirements can vary based on individual circumstances.
- Prior immigration violations or complicating factors may require additional documentation.
- You can check visa appointment wait times by embassy or consulate.
- Always confirm current filing fees before submitting.
- If your spouse is living in the U.S. on a valid visa, a different set of steps applies.
Ready to Start Your Application?
Immigration requirements change frequently. If you have questions or want guidance on building a strong application, schedule a free, no-obligation 30-minute consultation. In the meantime, download the document checklist. I look forward to talking with you!
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