Obtaining residency through marriage is one of the most common pathways to permanent status in the United States. Now, what documents do we have to submit for the green card by marriage? Today we will discuss the documentation and forms needed to complete this process.
Obtaining a Green Card is extremely complex, and the process can be overwhelming for any immigrant. That is why the help of an immigration attorney is essential to ensure your success. Do not risk your future. Contact our professionals and secure your stay in the United States.
Table Of Contents
What is the difference between the Green Card by marriage and the general residency process?
The general process for obtaining a Green Card involves demonstrating eligibility through employment, family, or asylum, presenting proof of immigration status, and identity, and often a lengthy waiting period. In contrast, the green card by marriage process requires additional documentation to verify the authenticity of the marriage.
Thus, for a Green Card by marriage, the spousal relationship is the main criterion for eligibility. For this reason, it is important to have the help of an attorney to gather the necessary documentation. Don’t risk your future with the person you love. Contact us and obtain permanent status for your partner.
Green Card documents for marriage
The documents for the green card by marriage may vary depending on your situation. However, these generally include:
- Birth certificate.
- Marriage certificate.
- Financial documents.
- Proof of U.S. citizenship or permanent residency of spouse/sponsor.
- Proof of legal entry into the United States (if applicable).
- Criminal record certificate (if applicable).
- Dissolution of previous marriages (if applicable).
- Police, court and prison records (if applicable).
- Military records (if applicable).
- Records of immigration violations (if applicable).
- Current or expired U.S. visas.
- Medical examination document.
These documents function as evidence of the evidence of the authenticity of your marriage. For this reason, it is important to have an immigration lawyer to make sure that all your documentation is in order. Don’t risk your future with the person you love. Contact us and let our attorneys assist you in filing the necessary documentation.
Form I-130: Petition for Alien Relative
One of the documents required for green card by marriage is the Form I-130. This is an Alien Relative Petition filed by citizens or permanent residents to demonstrate a relationship to an eligible relative seeking to obtain a Green Card. In the following table you will find the documents that you must submit as evidence together with this form:
| Type of proof | Accepted documents | Who needs it? |
| Proof of U.S. citizenship | – U.S. birth certificate. – U.S. passport. – Certificate of naturalization. – Certificate of citizenship. – Consular report of birth abroad. | Sponsor spouse U.S. citizen |
| Proof of status as a Green Card holder | – Green Card. – Passport issued in another country and stamped for temporary residence in the United States. | Permanent Resident Spouse Sponsor |
| Proof of validity of marriage | – Marriage certificate. – Joint rental agreement. – Joint bank account statements. – Photographs of the couple together. | Both spouses |
| Proof of dissolution of previous marriage (if any). | – Divorce papers – Death certificate of a previous spouse. – Certificate of marriage annulment. | Both spouses |
| Proof of name change (if any). | – Marriage certificate (usually sufficient) – Court order of name change – Adoption papers. | Both spouses |
Form I-485: Application to Register Permanent Residence or Adjust Status
Form I-485 is another document required for the green card by marriage. As its name indicates, it is the application for permanent residency itself. To complete this form, the spouse applying for a Green Card must provide the following documentation:
| Type of proof | Accepted documents |
| Proof of nationality | – Birth certificate issued in another country. – Passport issued in another country. |
| Proof of entry and legal status in the United States. | – U.S. visa. – I-94 entry and exit record. |
| Records of previous interactions with law enforcement officers | Court, police or prison records |
| Records of previous immigration violations | Deportation document |
Form I-864: Affidavit of Financial Sponsorship
The other document required for the Green Card is the Form I-864. This is a document by which a sponsor (along with other co-sponsors, in some cases) guarantees financial support to maintain the immigrant. You will need to submit the supporting documentation listed in the table below:
| Type of proof | Accepted documents | Who needs it? |
| Proof of ability to financially support the beneficiary | – Copy of most recent U.S. federal income tax return. – Copies of federal income tax returns for the last 3 years. – Pay stubs for the last 6 months. – Letter from employer showing employment. | Sponsor and co-sponsor (if any) |
| Proof of the value of assets | If you use bank or investment accounts: – Statement of ownership of stocks, bonds, CDs or other investment accounts. – Bank statements. If you use your home: – Title or deed to the property. – Recent appraisal by authorized agent. – Document showing loans secured by a mortgage or other lien on the home | Sponsor, co-sponsor (if any) and green card applicant spouse (sponsored) |
This document ensures that the immigrant does not become a public charge and, therefore, inadmissible to the United States. Do not risk your future by facing this process on your own. Contact our lawyers and let us get your documents in order.
What are spousal visas?
Spousal visas are a type of visa that enables a spouse to immigrate and reside legally in their partner’s country. These visas are designed to preserve and strengthen family ties by enabling couples to reunite in a new country.
What is the CR1 visa?
The CR1 visa is a type of visa designed for foreign spouses of U.S. citizens. What is unique about the CR1 visa is that it is issued abroad through consular processing. After obtaining it, the spouse can enter the United States and receive permanent residency.
Can I get a Green Card by marriage if I am illegal?
Yes, you can apply for a Green Card by marriage while undocumented. The process includes proving the spousal relationship with Form I-130 with USCIS, followed by applying for a visa at the U.S. consulate in your country. However, you may need a provisional waiver if there are any grounds of inadmissibility.
How long does it take to process a marriage-based Green Card application?
The time to process a Green Card by marriage varies, usually between 10 to 38 months. To speed up the process, you can opt for “Premium Processing” for some forms, reducing the waiting time to weeks instead of months.
However, properly filing all documents for the green card by marriage is the best way to expedite the process. Therefore, it is best to seek the assistance of an immigration attorney to gather and complete the relevant documentation. Contact our professionals and get the legal help you need.
Legal help to gather the documents for the Green Card by Marriage
As we have seen, Green Card documents for marriage are essential to prove the authenticity of your union and ensure that you qualify for residency. Therefore, the task of gathering the necessary documentation is vital to ensure the success of this process.
However, these vary depending on your case and the form you need to complete, which can cause confusion for any applicant. But don’t lose your cool. At Urbina Immigration Law we can help you. Contact our professionals and get the help you need to gather your documentation and secure the Green Card for the one you love.
Sources
USCIS – Form I-130
USCIS – Form I-485
USCIS – Form I-864
USCIS – Bringing Your Spouse to Live in the United States
Other Resources
How to obtain a Green Card in the United States – Updated Guide
What is Form I-485 and how to apply for permanent residence
What are the Green Card categories?
Green card by marriage in the United States, in detail
What is the difference between Green Card and citizenship?
What is the CR1 Visa? A complete guide
K1 fiancé visa: everything you need to know
Getting married in the U.S. as an undocumented immigrant: what you need to know
