Required Documents for Spousal Green Card

Sponsoring your spouse for a green card? Here are the important documents needed by USCIS from you and your spouse when filing a marriage-based green card. If you have any questions, call us at +1-936-514-2000 or you may request a consultation by visiting: https://www.asirilaw.com/contact-us

Required documents needed when filing within the USA:

1.     Petitioner (U.S citizen spouse) and Beneficiary's proof of identity

2.     Petitioner (U.S citizen spouse) and Beneficiary's proof of citizenship

3.     Petitioner (U.S citizen spouse) and Beneficiary's proof of relationship

Forms and evidence to be submitted by the petitioner:

a.     Form I-130 and I-130A – This form establishes the relationship between the petitioner (U.S. citizen) and the beneficiary (spouse). 

In addition, the following documents should be submitted:

U.S. Citizen Petitioner Documents:

• Proof of U.S. citizenship (U.S. birth certificate or CRBA or Certificate of Naturalization)
• U.S. Driver's License
• Marriage certificate with spouse beneficiary
• Final divorce decree for all prior marriages (only if you have been previously married)
• Pictures of you and your spouse during your courtship, wedding pictures, pictures of the couple together, and pictures with family/friends
• 2 passport-style photos
• Any other evidence to prove the existence of a bona fide spousal relationship such as a joint lease agreement, utility bills, telephone bills, joint bank account statement, jointly filed tax returns, hotel/flight tickets of vacation trips, joint club membership card such as Costco, Sam's Club or Gym membership card, etc. 
• Petitioner declaration- a sworn statement from the petitioner in support of a bona fide spousal relationship.
• Support letters from family members/friends/colleagues having personal knowledge of your marriage. There is no set number of letters but the more the better
• Copies of texts, emails, or cards sent to or received from your spouse

 Spouse Beneficiary Documents:

• Passport biodata page
• U.S. visa page (not applicable to Canadians and people from visa waiver countries)
• Birth certificate/attestation issued by an authorized government department
• Final divorce decree for all prior marriages (only if you have been previously married)
• Birth certificates of all children (if applicable)
• 2 passport-style photos
• I-94 
• Medical examination and record of vaccination signed by an approved USCIS civil surgeon
• Copy of arrest and conviction records (if you have ever been arrested, charged, or convicted for a crime)
• Record of prior immigration filings and/or removal proceedings
• Any other documents that we may prove your eligibility for Adjustment of Status (Green Card)

b.     Form I-864 – This form provides evidence that the petitioner can financially support the beneficiary

In addition, the following documents should be submitted:

• IRS tax transcript or tax returns for the three most recent years
• Most recent W-2 and pay stubs for the three most recent months
• Any other documents that may prove the petitioner's financial eligibility - Employment confirmation letter; proof of military status; evidence of not being required to file income taxes, assets, and proof of spouse's income, etc.

Forms and evidence that must be submitted by spouse beneficiary:

A.    Form I-485- This form provides evidence of the beneficiary's eligibility for a Green Card. 

Optional forms and evidence that can be submitted by spouse beneficiary:

1.   Form I-765 – This form is used to apply for an Employment Authorization Document (EAD), which gives the beneficiary the ability to work while their case is pending. 

2.  Form I-131 –   This form allows the beneficiary to apply for advance parole, which gives the beneficiary the ability to travel outside of the U.S. while their Green Card case is pending.  Please note that if the beneficiary spouse leaves the U.S. without first obtaining advance parole, their Green Card application may be denied for abandonment

Points to keep in mind:

·       All these forms and evidence can be submitted at the same time as one packet or subsequently

• As a rule, it is advisable not to submit original documents unless the USCIS specifically requests it
• All documents in a language other than English must include both a copy of the original document and a certified translation

 Green Card Interview

USCIS will require that the petitioner and the beneficiary appear for an interview at a local USCIS field office. Our experienced immigration attorneys have developed the legal skill set to help clients avoid the dreaded USCIS interview. However, if your case is scheduled for an interview, we got you! We will prepare you and your spouse for your testimony during the interview and follow you to the interview

Document to bring along during your interview include –

·       The interview notices

• Photo ID – Driver's license, passport, etc.
• Report of Medical Examination and Vaccination Record completed by a designated civil surgeon in a sealed envelope (if not previously submitted during the filing of your case)
• All immigration documents ever issued
• All travel documents used to enter the U.S.
• Birth Certificate for petitioner and spouse beneficiary  
• Marriage Certificate
• Additional supporting evidence of your relationship
• Birth Certificates for all children (if applicable)
• Proof of Petitioner's U.S. citizenship or permanent residency

Originals and copies of all the aforementioned documents (translation document if necessary)

Documents required if applying for a marriage-based green card from outside the United States

1.     Form I-130 and I-130A with the same required documents listed above.

2.     Form I-864 with the same required documents listed above.

3.  Civil Documents for the DS-260 and National Visa Center (NVC) – The required documents will vary from country to country, however, the standard documents required are:

• Birth Certificate
• Court or Criminal Records (if applicable)
• Marriage Certificate
• Proof that prior marriage(s) ended such as a divorce Decree, Death Certificate, or Annulment Papers (if applicable)
• Military Records (if applicable)
• Passport- your country's passport where your immigrant visa will be stamped 

 Immigrant Visa Interview

The beneficiary will be scheduled for an immigrant visa interview at a U.S. consulate in their home country. Required documents to bring along to the interview will be:

• Visa Appointment Letter
• Passport valid for at least six months
• Report of Medical Examination and Vaccination Record completed by a designated doctor and in a sealed envelope. In most embassies, the report is delivered directly to the U.S. embassy conducting the interview  
• Original or certified copies of all documents that were uploaded to the NVC (translation document if necessary)
• Two passport-style photos
• DS-260 confirmation page

Conclusion

Although the process for applying for a marriage-based green card within and outside the U.S. differs, the list of required documents to support your case is quite similar. Because of the complexity of U.S. immigration law, regulations, and application process, we strongly recommend consulting with an experienced immigration lawyer before beginning the process of filing for your loved one. Our office is highly experienced with all family-based immigration, Green Card applications, immigrant, and nonimmigrant visas. We have helped over one thousand clients and their family members with their immigration cases.

If you have any questions about any of the information discussed in this article, feel free to contact us directly at +1-936-514-2000 or request a consultation by visiting https://www.asirilaw.com/contact-us