What Documents to Prepare for Marriage Green Card Application if Foreign Spouse is Abroad
If your foreign spouse is abroad and you are applying for a marriage-based green card (Adjustment of Status), you’ll need to prepare a comprehensive set of documents to support your application. This process involves gathering evidence of your bona fide marital relationship, your financial ability to sponsor your spouse, and the necessary forms and documentation for the green card application. Here’s a list of important documents to prepare:
-
Form I-130, Petition for Alien Relative:
- Complete and sign Form I-130 as the sponsoring spouse (U.S. citizen or permanent resident).
- Provide evidence of your U.S. citizenship or permanent residency.
-
Proof of Bona Fide Marriage:
- Marriage certificate: Provide a copy of your official marriage certificate.
- Wedding photos: Include photographs from your wedding or other family gatherings.
- Evidence of joint life: Provide documents showing joint ownership or joint financial responsibilities, such as joint bank accounts, joint leases, joint utility bills, and joint insurance policies.
- Affidavits from friends and family: Statements from people who can attest to the legitimacy of your marriage.
-
Form I-864, Affidavit of Support:
- Complete Form I-864 to demonstrate your financial ability to support your spouse.
- Provide supporting documents to show your income, assets, and employment.
-
Proof of U.S. Domicile:
- If you’ve been living abroad with your spouse, include evidence of your intention to establish a U.S. domicile, such as a job offer, lease agreement, or utility bills for a U.S. residence.
-
Proof of U.S. Citizenship or Permanent Residency:
- Provide documentation that proves your U.S. citizenship or permanent residency, such as a copy of your U.S. passport or green card.
-
Form I-130A, Supplemental Information for Spouse Beneficiary:
- Complete Form I-130A to provide additional information about your foreign spouse.
-
Passport-style Photos:
- Include passport-style photos of both you and your foreign spouse.
-
Biographical Documents for the Foreign Spouse:
- Copy of your foreign spouse’s passport.
- Birth certificate of your foreign spouse.
- Any applicable divorce or death certificates if your foreign spouse was previously married.
-
Evidence of Relationship:
- Correspondence: Copies of emails, letters, and chat logs that demonstrate ongoing communication and emotional ties.
- Plane tickets and boarding passes: Documents showing visits to each other.
- Phone records: Logs of phone calls or text messages between you and your spouse.
-
Visa Processing Documents:
- Completed Form DS-260 (if applicable): This is an online immigrant visa application form required by the National Visa Center (NVC) for consular processing.
-
Affidavit of Support Documents:
- Documents supporting your income, such as tax returns, W-2s, pay stubs, and employment verification letters.
- If you’re using assets to meet the income requirement, provide documentation for those assets (bank statements, property appraisals, etc.).
-
Translation of Documents:
- If any documents are in a language other than English, include certified translations.
- Other Supporting Documents:
- Any additional documents that prove the authenticity of your marital relationship and financial stability.
Keep in mind that this list is not exhaustive, and specific requirements can change based on individual circumstances and changes in immigration policies. Always refer to the most current instructions on the official U.S. Citizenship and Immigration Services (USCIS) website and consider seeking professional assistance, such as consulting an immigration attorney, to ensure that your green card application documentation is accurate and complete.
Marriage Green Card Checklist if Both Spouses are in the U.S.
If both spouses are in the U.S. and you are applying for a marriage-based green card through Adjustment of Status, you’ll need to gather a comprehensive set of documents to support your application. This process involves providing evidence of your bona fide marital relationship, financial ability to support the immigrant spouse, and completing the required forms. Here’s a checklist of important documents to prepare:
-
Form I-130, Petition for Alien Relative:
- Complete and sign Form I-130 as the sponsoring spouse (U.S. citizen or permanent resident).
- Provide evidence of your U.S. citizenship or permanent residency.
-
Proof of Bona Fide Marriage:
- Marriage certificate: Include a copy of your official marriage certificate.
- Wedding photos: Attach photographs from your wedding or family gatherings.
- Evidence of joint life: Provide documents showing joint ownership or financial responsibilities, such as joint bank accounts, joint leases, joint utility bills, and joint insurance policies.
- Affidavits from friends and family: Obtain statements from people who can attest to the legitimacy of your marriage.
-
Form I-864, Affidavit of Support:
- Complete Form I-864 to demonstrate your financial ability to support your immigrant spouse.
- Provide supporting documents to prove your income, assets, and employment.
-
Proof of U.S. Citizenship or Permanent Residency:
- Attach documentation that proves your U.S. citizenship or permanent residency, such as a copy of your U.S. passport or green card.
-
Form I-485, Application to Register Permanent Residence or Adjust Status:
- Complete and sign Form I-485 for the immigrant spouse.
- Include two passport-style photos for both you and your immigrant spouse.
-
Form I-765, Application for Employment Authorization (optional):
- If the immigrant spouse wishes to work while the green card application is pending, complete Form I-765 and attach the required documents.
-
Form I-131, Application for Travel Document (optional):
- If the immigrant spouse needs to travel outside the U.S. while the green card application is pending, complete Form I-131 and provide the necessary documents.
-
Evidence of Relationship:
- Correspondence: Attach copies of emails, letters, and chat logs that show ongoing communication and emotional ties.
- Plane tickets and boarding passes: Include documents that demonstrate visits to each other.
- Phone records: Provide logs of phone calls or text messages between you and your spouse.
-
Affidavit of Support Documents:
- Documents supporting your income, such as tax returns, W-2s, pay stubs, and employment verification letters.
- If using assets to meet the income requirement, provide documentation for those assets (bank statements, property appraisals, etc.).
-
Translation of Documents:
- If any documents are not in English, include certified translations.
- Other Supporting Documents:
- Any additional documents that prove the authenticity of your marital relationship and financial stability.
Remember that specific requirements can change over time, and it’s important to refer to the most current instructions on the official U.S. Citizenship and Immigration Services (USCIS) website. Additionally, consider seeking professional assistance, such as consulting an immigration attorney, to ensure that your green card application documentation is accurate and complete.