Obtaining a marriage-based Green Card for a foreign spouse who is abroad involves a multi-step process. It’s important to note that the information provided here is a general guideline, and you should consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date and accurate information. Here is a checklist to help you navigate the process:
- Eligibility:
- Ensure that both you and your spouse meet the eligibility criteria for a marriage-based Green Card.
- Marriage Validity:
- Make sure your marriage is legally valid in the country where it took place and that it is recognized by U.S. immigration authorities.
- Petition Filing:
- File Form I-130, Petition for Alien Relative, with USCIS. This form establishes the qualifying relationship between you and your foreign spouse.
- USCIS Approval:
- Once the I-130 is approved, USCIS will notify both you and your spouse. The case will then be transferred to the National Visa Center (NVC).
- NVC Processing:
- Complete Form DS-261, Choice of Address and Agent, and pay the visa processing fees online.
- Submit the Affidavit of Support (Form I-864) along with financial evidence to demonstrate your ability to support your spouse financially.
- Immigrant Visa Application:
- Complete the Online Immigrant Visa Application (Form DS-260) for your foreign spouse.
- Document Collection:
- Gather required supporting documents, including civil documents (e.g., marriage certificate, birth certificates, etc.) and any additional documents requested by the NVC.
- Medical Examination:
- Schedule and undergo a medical examination with an approved panel physician.
- Affidavit of Support:
- Provide the completed Affidavit of Support (Form I-864) and supporting financial documents.
- Consular Interview:
- Attend the consular interview with your foreign spouse at the U.S. embassy or consulate in their home country.
- Visa Approval:
- If approved, your spouse will receive an immigrant visa on their passport.
- Travel to the U.S.:
- Your spouse travels to the U.S. with the immigrant visa.
- USCIS Port of Entry:
- Upon arrival, your spouse will go through inspection at a U.S. port of entry.
- Conditional Permanent Resident Status:
- Your spouse will initially receive conditional permanent resident status valid for two years.
- Removal of Conditions:
- File a joint petition (Form I-751) to remove the conditions within 90 days of the conditional green card’s expiration.
Affidavit of Support Checklist – Form I-864
When filing an Affidavit of Support (Form I-864) as part of the immigration process, it’s important to ensure that you submit a complete and accurate set of documents. The Affidavit of Support is typically required when sponsoring family members for immigrant visas or Green Cards. Below is a checklist to help you prepare the necessary documents for Form I-864:
- Completed Form I-864:
- Fill out Form I-864 completely and accurately. Make sure to use the most recent version of the form, which can be found on the USCIS website.
- Sponsor’s Proof of U.S. Citizenship or Permanent Residency:
- U.S. citizens should provide a copy of their U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or a copy of the U.S. birth certificate.
- Permanent residents (green card holders) should provide a copy of both sides of their green card.
- Proof of Income:
- Most recent federal income tax return (Form 1040, 1040A, or 1040EZ) along with all supporting documents and schedules.
- If self-employed, provide a copy of the entire federal income tax return, including all schedules and attachments.
- Employment Verification:
- Letter from the employer stating the sponsor’s position, salary, and length of employment. If self-employed, include evidence such as business registration documents.
- W-2 or 1099 Forms:
- Copies of the most recent W-2 or 1099 forms.
- Recent Pay Stubs:
- Copies of the most recent pay stubs covering the last six months.
- Bank Statements:
- Copies of the most recent statements for all checking and savings accounts.
- Assets and Property Valuation:
- Documentation of other assets, such as real estate, stocks, bonds, and their valuation.
- Proof of Relationship to the Sponsored Immigrant:
- If the sponsor is a family member other than a spouse, provide evidence of the relationship (e.g., birth certificate, marriage certificate).
- Divorce Decrees or Death Certificates:
- If applicable, provide divorce decrees or death certificates for previous spouses.
- Form I-864A (if applicable):
- If the sponsor’s income is not sufficient, a joint sponsor may be required. In such cases, the joint sponsor should complete Form I-864A.
- Proof of Residence:
- Copy of a recent utility bill or a lease agreement to establish the sponsor’s place of residence.
- Form I-864P:
- Poverty Guidelines: Include a copy of the most recent Form I-864P to demonstrate that the sponsor’s income meets or exceeds the required minimum.
- Cover Letter:
- Consider including a cover letter summarizing the documents and explaining any special circumstances.
- Photocopies:
- Provide clear and legible photocopies of all supporting documents.
What documents must be submitted with a marriage green card application?
When applying for a marriage-based Green Card (Form I-485), you need to submit a comprehensive set of documents to support your application. The documents you need to submit may vary based on your specific situation, so it’s essential to check the latest USCIS guidelines and consult with an immigration attorney if needed. The general checklist of documents commonly required:
- Form I-485, Application to Register Permanent Residence or Adjust Status:
- Complete and sign the form. Make sure to use the most recent version available on the USCIS website.
- Form G-1145, E-Notification of Application/Petition Acceptance (optional):
- If you want to receive electronic notifications about your application, you can include this form.
- Filing Fee:
- Include the required filing fee or a fee waiver request if eligible. Check the USCIS website for the current fee.
- Two Passport-style Photos:
- Include two identical passport-style color photos of the applicant.
- Copy of the Marriage Certificate:
- A clear, legible copy of the official marriage certificate.
- Proof of U.S. Citizenship or Permanent Residency of the Petitioner:
- U.S. citizen petitioners should provide a copy of their U.S. passport, Certificate of Naturalization, Certificate of Citizenship, or a copy of the U.S. birth certificate.
- Permanent resident petitioners should provide a copy of both sides of their green card.
- Form I-864, Affidavit of Support:
- If applicable, include Form I-864 signed by the sponsoring spouse (petitioner) along with the supporting financial documents.
- Proof of Termination of Previous Marriages:
- If either spouse was previously married, provide divorce decrees or death certificates to demonstrate the termination of those marriages.
- Form I-693, Report of Medical Examination and Vaccination Record:
- Include a completed and sealed Form I-693. The medical examination must be conducted by a USCIS-approved civil surgeon.
- Form I-765, Application for Employment Authorization (optional):
- If you want to apply for work authorization, include Form I-765 along with the required supporting documents and fees.
- Form I-131, Application for Travel Document (optional):
- If you plan to travel outside the U.S. while your Green Card application is pending, you may include Form I-131 along with the required supporting documents and fees.
- Proof of Financial Support:
- Additional evidence demonstrating the financial stability and bona fide nature of the marriage, such as joint bank account statements, joint leases, or joint utility bills.
- Affidavits of Support:
- Sworn affidavits from friends, family members, or colleagues attesting to the authenticity of the marital relationship.
- Photocopies:
- Provide clear and legible photocopies of all supporting documents.
