Embarking on the journey towards obtaining a marriage-based green card is an exciting step in building a life together in the United States. However, understanding the documentation required for the application process is crucial for a smooth and successful outcome. In this article, I'll explore some of the essential documents you will need for a marriage-based green card application, ensuring that you're well-prepared to navigate this important milestone.
As a general consideration, it is important to note that all foreign documents will need to be accompanied by a translation. You will be responsible for providing both the original and the translation. Further, because some countries issue documents that may have slight differences to the American documents, the U.S. Department of State has provided a reciprocity table, which will tell you the equivalent document to obtain from specific countries. This tool is accessible at this link.
Additionally, at this time, you may need to think about filing your I-131 Application for Travel Document; and your I-765 Application for Employment Authorization. These documents may be approved faster than the overall petition, and will enable you to work and travel internationally.
Navigating the documentation requirements for a marriage-based green card application can be overwhelming, and the specific documentation required by your case may vary. With careful preparation and attention to detail, you can be successful in your petition. Consulting with an immigration attorney can provide invaluable guidance and ensure that your application is thorough and accurate. I would be honored to help you through this process.
As a general consideration, it is important to note that all foreign documents will need to be accompanied by a translation. You will be responsible for providing both the original and the translation. Further, because some countries issue documents that may have slight differences to the American documents, the U.S. Department of State has provided a reciprocity table, which will tell you the equivalent document to obtain from specific countries. This tool is accessible at this link.
- Proof of Identity and Eligibility: Both the U.S. citizen or permanent resident spouse (also called “petitioner”) and the foreign spouse (also called “beneficiary”) must provide proof of identity. This typically includes a valid passport, birth certificate, and any other government-issued identification documents. Foreign documents will always require a translation, though both the original document and translation will be required. Additionally, the petitioner must demonstrate their status as a U.S. citizen or lawful permanent resident. This could come in the form of a certificate of naturalization, or, if not available, passport or green card.
- Marriage Certificate: A certified copy of the marriage certificate is required to establish the marital relationship between the petitioner and beneficiary. The marriage certificate must be issued by the appropriate government authority and include essential details such as the date and location of the marriage ceremony.
- Evidence of a Genuine Marriage: To prevent fraudulent marriages for immigration purposes, USCIS requires evidence of a bona fide marriage. This will typically include photographs of the couple together, joint financial documents (e.g., bank statements, tax returns), and affidavits from family and friends attesting to the authenticity of the relationship.
- Form I-130, Petition for Alien Relative: The petitioner must file Form I-130 with USCIS to establish the relationship between the petitioner and beneficiary. This form serves as the initial step in the green card application process and must be accompanied by the required supporting documents.
- Form I-485, Application to Register Permanent Residence or Adjust Status: Generally, the beneficiary can apply for adjustment of status (if residing in the U.S.) or consular processing (if residing abroad) by filing Form I-485 at the same time the petitioner files the I-130, although in certain circumstances such as when the beneficiary is in removal proceedings (formerly called “deportation”), the couple must wait for the I-130’s approval before filing the I-485. The I-130 form requires additional supporting documents, including evidence of medical examination and vaccination records.
- Affidavit of Support (Form I-864): The petitioner must demonstrate their ability to financially support the beneficiary by submitting Form I-864, Affidavit of Support. This form requires documentation of the petitioner's income, assets, and employment status to ensure that the beneficiary will not become a public charge.
- Additional Documents: Depending on the circumstances of the case, USCIS may request additional documents to support the marriage-based green card application. These may include divorce decrees or death certificates if either spouse was previously married, or a waiver of inadmissibility if the beneficiary is deemed ineligible for certain reasons.
Additionally, at this time, you may need to think about filing your I-131 Application for Travel Document; and your I-765 Application for Employment Authorization. These documents may be approved faster than the overall petition, and will enable you to work and travel internationally.
Navigating the documentation requirements for a marriage-based green card application can be overwhelming, and the specific documentation required by your case may vary. With careful preparation and attention to detail, you can be successful in your petition. Consulting with an immigration attorney can provide invaluable guidance and ensure that your application is thorough and accurate. I would be honored to help you through this process.