Marriage Green Card Checklist – Both Spouses in the U.S.

Get the complete marriage green card checklist of supporting documents if both spouses are in the U.S. – all required immigration forms and evidence of good faith marriage in SelfLawyer’s guide.

Marriage Green Card Checklist

The forms and documents you need to apply for a green card through marriage, if foreign spouse is in the U.S.

If you are a spouse of a US citizen or a lawful permanent resident and you are physically in the U.S. you will need to file the following USCIS forms and supporting documents:

• Form I-130, Petition for Alien Relative (mandatory)
• Form I-130A, Supplemental Information for Spouse Beneficiary (mandatory)
• Form I-485, Application to Register Permanent Residence or Adjust Status (mandatory)
• Form I-864, Affidavit of Support Under Section 213A of the INA (mandatory)
• Form I-693, Report of Medical Examination and Vaccination Record (mandatory)
• Form I-765, Application for Employment Authorization (optional but recommended)
• Form I-131, Application for Travel Document (optional but recommended)

The documents required for a marriage green card application include the following:

• Marriage certificate
• Proof of sponsor’s US citizenship or lawful permanent residence
• Evidence of termination of any prior marriage(s)
• Proof of income
• Proof of assets
• Official IRS transcripts
• Birth certificate
• Foreign passport
• Foreign photo ID
• Two identical color passport-style photographs (both spouses)
• Copy of visa(s)
• U.S. credit score proof (if any)
• U.S. health insurance proof (if any)
• Public benefits usage proof (if any)
• I-94 record(s)
• Immunization or vaccination records
• Bankruptcy records (if any)
• Educational records
• Evidence of marriage
• Criminal records (if any)
• Military records (if any)

Detailed description of each immigration form and supporting documents is provided in the tables below.

1. Form I-130, “Petition for Alien Relative” (mandatory)

The form’s purpose:

• To establish a valid relationship between a U.S. citizen, or permanent resident and a foreign family member, to help them gain a green card.
• It is the 1st step towards reserving your relative’s immigrant visa.
• Regarding marriage visas, this petition serves as a proof that your marriage is legally valid.

Who Needs to Sign it:

• Only a U.S. citizen, or a Lawful Permanent Resident (LPR) can file an I-130 petition.
• U.S. citizens can file this petition for their spouses, children, parents and siblings.
• A green card holder can file the same for their spouses and unmarried children.

Form I-130 documents checklist:

Provide photocopies only

2. Form I-130A, “Supplemental Information for Spouse Beneficiary” (mandatory)

The form’s purpose:

• An extension of I-130 form, used for filing marriage-based green card applications
• Supplementary document used by the USCIS to gather additional information about the spouse beneficiary.

Who Needs to Sign it?

• Must be completed by the spouse seeking the green card, if he/she is in the U.S.
• If spouse is abroad, form must still be complete but foreign spouse does not have to sign it

Form I-130A documents checklist:

Same as Form I-130.  You do not need to provide any additional supporting documents with Form I-130A.

 Make sure you submit all required documents with Form I-130.

3. Form I-485, “Adjustment of Status” (mandatory)

The form’s purpose:

• Apply for lawful permanent resident status if foreign spouse is in the United States

Who Needs to Sign it?

• Only a foreign spouse who is physically present in the U.S. can fill this form, to apply for permanent residence.

Form I-485 documents checklist: 

Provide photocopies only

4. Form I-864, “Affidavit of Support” (mandatory)

The form’s purpose:

• To show that the intending immigrant (foreign spouse) has proper financial support and will not rely on the U.S. government for receiving public benefits (“public charge”).

Who Needs to Sign it?

• It must be signed by sponsor(s), who meet the following requirements:
  • U.S. citizen(s), or green card holder(s), and
  • should have an income of 125% over the poverty guidelines.

Form I-864 documents checklist: 

Provide photocopies only

5. Form I-693, “Report of Medical Examination and Vaccination Record” (mandatory)

The form’s purpose:

• This form reports the results of all medical examinations required by the USCIS to allow an immigrant into the United States.
• Through this, the USCIS ensures that the spouse seeking green card, through Form I-485 does not possess any “health conditions” that might pose a risk to the U.S. citizens.

Who Needs to Sign it:

• Applicants filing for adjustment of status to become a lawful permanent resident must submit this form, completed by a designated civil surgeon.

Form I-693 documents checklist: 

Provide photocopies only

6. Form I-765, “Application for Employment Authorization” (optional but recommended)

The form’s purpose:

U.S. citizens and lawful permanent residents can work in the U.S. without special permissions. However, nonimmigrants need to take permission from the USCIS. So, certain foreign nationals are granted work authorization by the USCIS, using this Form I-765.

• It allows an immigrant in the U.S. to request for an employment authorization and an Employment Authorization Document (EAD).
• It also lets green card applicants legally work before becoming lawful permanent residents.

Who Needs to Sign it?

• Marriage and family-based green card applicants can apply for work permits while waiting for their adjustment of status applications.

Form I-765 documents checklist: 

Provide photocopies only

7. Form I-131, “Application for Travel Document” (optional but recommended)

The form’s purpose:

• This travel document allows non-U.S. citizens to travel abroad, without letting their green card applications cease.
• This means it allows the individual’s ability to re-enter the U.S..
• In a nutshell, this form can be used to apply for a Reentry Permit, Refugee Travel Document or Advance Parole.

Who Needs to Sign it?

• Anyone applying for a Reentry Permit, Refugee Travel Document or Advance Parole.

Reentry Permit:

Green card holders are not restricted to travel abroad. However, spending more than a year’s time outside of the U.S. may lead to problems with their green card status. 

Hence, by requesting a ‘Reentry Permit’, the permanent resident is allowed to maintain their U.S. residence when traveling abroad for periods of up to 2 years. 

Refugee Travel Document:

A person with refugee or asylum status who wishes to travel outside the United States needs this document to return to the U.S.

Advance Parole Document:

‘Parole’ allows an alien to physically enter into the United States for a specific purpose. Certain people in other immigration statuses can use Advance Parole as permission to reenter the United States after traveling abroad.

Form I-131 documents checklist: 

Provide photocopies only