Marriage-Based Green Card Supporting Document Checklist

The process by which a foreign national applies for U.S. lawful permanent residence (a green card) based on marriage involves a surprising amount of paperwork. For starters, the two members of the couple (the U.S. citizen or lawful permanent resident "petitioner" and the foreign-born "beneficiary") must fill out various government forms and pay the associated fees. Also, as we'll focus on in this article, a number of documents must be gathered and submitted, in most cases in photocopied form.

Below is an overview of those required documents. There will be some variation depending on where you are applying from. If using "consular processing" to apply from overseas, for example, a police certificate from your government or its law enforcement agencies will be required; while if applying for "adjustment of status" while already living legally in the United States, attending an appointment where your fingerprints will be taken is sufficient.

You might also need to provide English language translations of documents in other languages; though if it's a language spoken at the consulate where you'll be processing, it might not require this.

Documents to Prove U.S. Petitioner's Status

The process can't begin until the U.S. citizen or lawful permanent resident starts it. But is that person really in a legal position to do so? That's what will need to be proven to U.S. immigration authorities with a copy of, for example:

• U.S. birth certificate
• U.S. naturalization certificate
• consular document showing that this was a U.S. citizen born abroad, or
• U.S. green card (Form I-551).

Documents to Prove Legally Valid Marriage

Not surprisingly, U.S. immigration authorities will also need documentation showing the legal validity of the marriage relationship applicant. This might include:

• marriage certificate
• divorce, death, or annulment certificate for previous marriages, to show that they really ended and don't undermine the validity of the current marriage, and
• if any of the above aren't available, substitute evidence such as church records and proof that the original marriage or other certificate is unavailable or nonexistent.

Documents to Prove Bona Fide Marriage

It's one thing to show that a government agency issued a marriage certificate, but another to show the couple's actual plans and intentions. In other words, do you really plan to share a life together, or is this marriage just a sham or fraud to get the immigrant a green card?

There is no set list of required documents for this. It depends on personal circumstances. Commonly useful ones include the following (in photocopy form):

• Lease or rental agreement or home mortgage showing you share a residence.
• Evidence of joint bank accounts, investments, insurance.
• Correspondence that arrived at a joint address.
• Birth certificates of children.
• Ownership documents for jointly held assets such as car or boat.

Don't flood your application packet with paperwork, but carefully select the most convincing documents from official or authoritative sources in recent months.

Approval Notice for USCIS Form I-130 (If Already Filed)

Unless the immigrant is adjusting status in the U.S. and is married to a U.S. citizen, one of the first government forms to fill out will be an I-130, issued by U.S. Citizenship and Immigration Services (USCIS). After USCIS approves it, it will issue a notice on Form I-797.

You might need to submit this I-797 notice as part of the next steps in the application process.

Proof of Immigrant's Identity

In most cases, a copy of a government-issued identity document, such as a passport, with a photograph will be the best form of proof of identity.

The immigrant will also need to submit their birth certificate; and be ready to show an official the original or a certified copy. Substitute evidence can be submitted if this is unavailable or doesn't exist, such as church, school, or medical records, along with proof of why an actual birth certificate can't be provided.

Proof of Immigrant's Legal U.S. Entry

An immigrant who will be adjusting status in the United States will (with few exceptions) need to have entered the country lawfully, with permission from a U.S. official at the border or port of entry. The best way to prove this is ordinarily with a copy of the I-94 document issued upon entry and available online from Customs and Border Protection (CBP).

Police and Military Certificates or Records

If adjusting status in the U.S., the main information will come from your fingerprints being taken at your "biometrics" appointment. But if you've ever been arrested, you'll need to provide documentation showing what happened.

If you're consular processing and are age 16 or over, you will need to obtain and present police clearance certificates, indicating whether you have a record, from every country you've either lived in for more than six months or any that you've been arrested in. (See the DOS website for details.) And the consulate will also ask you to provide copies of the immigrants military records, if any.

No matter what, an immigrant with a criminal record should consult an attorney before submitting an immigration application.

Financial Documentation for Both Spouses

The U.S. petitioner will need to prove that they can support the immigrant. The object is to prove that the immigrant will not require public assistance from government agencies in the United States.

The needed documents will include things like tax transcripts, copies of bank records, ownership documents and possibly appraisals for valuable assets, proof of levels of debt and liability such as mortgage statements, proof of a U.S. job and income, documentation of health insurance coverage in the U.S., and so on.

The immigrant might also need to provide financial documents, particularly if their assets are being used to fill the gap in support levels from the U.S. petitioner.

Other Documents for Special Circumstances

Depending on your own life circumstances, you might need to supply documents that other immigrant applicants don't. If, for example, the immigrant has been in the U.S. on a J-1 visa with a two-year home residence requirement, then getting a waiver from the U.S. government first, and supplying proof of that waiver, will be necessary.

Or, if either the immigrant or petitioner has changed their name, so that the documents have non-matching names, you'll want to provide proof that it's all the same person, such as a court order showing the name change.

Photos of the Immigrant

These will be needed for the immigrant visa and/or green card. Check out the relevant specifications from the State Department. If adjusting status, USCIS will take photos during your biometrics appointment.

How an Attorney Can Help

It's possible to apply for a marriage-based visa or green card without professional help. Nevertheless, many couples find that just keeping track of all the required documents can be overwhelming. Or they might not know which documents will be acceptable or convincing. Hiring an attorney can be a huge help. The attorney can help prepare the forms and documents, write a helpful cover letter to summarize and explain the contents of your filings to U.S. government agencies, and advise you of any problematic legal issues in your case.