Marriage Green Card Checklist for a Foreign Spouse Abroad
If you are a U.S. citizen or permanent resident and your foreign spouse is living abroad, and you wish to sponsor them for a marriage-based green card (permanent residency), the following is a checklist of required documents for the application process:
- Form I-130, Petition for Alien Relative: The primary form used to establish the qualifying relationship between you (the petitioner) and your foreign spouse. Complete and file this form with the U.S. Citizenship and Immigration Services (USCIS).
- Proof of U.S. Citizenship or Permanent Residency: Provide evidence of your U.S. citizenship (e.g., U.S. passport, Certificate of Naturalization) or permanent residency status (e.g., Permanent Resident Card – Green Card).
- Proof of Relationship: Include documents proving the qualifying relationship between you and your foreign spouse. This could be a marriage certificate, as well as any other relevant documents showing a bona fide marital relationship.
- Passport-Style Photos: Include passport-sized photos of both you and your foreign spouse, adhering to the USCIS specifications.
- Proof of Termination of Previous Marriages (if applicable): If either you or your spouse was previously married, provide evidence of the termination of those marriages (e.g., divorce decrees, death certificates).
- Evidence of a Bona Fide Marriage: Include evidence to establish the authenticity of your marriage and demonstrate that it is genuine and not solely for immigration purposes. This evidence can include joint bank account statements, lease agreements, utility bills with both names, photos together, affidavits from friends and family, and any other relevant documents showing a shared life.
- Form I-864, Affidavit of Support: Complete Form I-864 to demonstrate your financial ability to support your spouse. Include evidence of your income, assets, and financial situation. If your income does not meet the minimum requirement, you may need a joint sponsor (if applicable) to complete Form I-864A.
- Financial Documents: Provide evidence of your income, such as tax returns, W-2 forms, and recent pay stubs. If you have assets and are using them to meet the income requirement, provide relevant documentation, such as bank statements, property deeds, and investment statements.
- G-325A Biographic Information (if applicable): If your spouse is required to provide biographical information, submit Form G-325A.
- Medical Examination: Your spouse will need to undergo a medical examination by a designated civil surgeon. The results of the medical examination should be submitted as part of the application.
- Filing Fee: Submit the required filing fee along with the Form I-130. The fee amount may change, so check the USCIS website for the most up-to-date information.
Remember to carefully review the USCIS website or consult with an immigration attorney to ensure that you have all the necessary documents and information correctly prepared for the application. The checklist may vary depending on the specific circumstances and relationship being claimed in the petition.
What immigration forms must be filed for a spouse living abroad?
If you are a U.S. citizen or permanent resident and your foreign spouse is living abroad, and you wish to sponsor them for a marriage-based green card (permanent residency), the following are the primary immigration forms that must be filed:
- Form I-130, Petition for Alien Relative: This is the primary form used to establish the qualifying relationship between you (the petitioner) and your foreign spouse. You must complete and file this form with the U.S. Citizenship and Immigration Services (USCIS).
- Form DS-260, Immigrant Visa Electronic Application: Once the Form I-130 is approved by USCIS, it will be forwarded to the National Visa Center (NVC). The NVC will send instructions for completing Form DS-260, which is the application for an immigrant visa. Your foreign spouse will need to fill out this form online.
- Affidavit of Support (Form I-864): As the petitioner, you must complete Form I-864 to demonstrate your financial ability to support your spouse. This form is typically submitted at the NVC stage, along with supporting financial documents.
- Medical Examination: Your spouse will need to undergo a medical examination by a designated civil surgeon. The results of the medical examination should be provided as part of the visa application process.
- Other Supporting Documents: Your spouse will need to gather additional supporting documents as required by the U.S. embassy or consulate processing the immigrant visa application. These may include civil documents (e.g., birth certificates, marriage certificates), police clearance certificates, passport photos, and any documents related to your marital relationship.
- Passport: Your spouse must have a valid passport for travel to the United States.
After completing the required forms and gathering the necessary documents, your spouse will attend an immigrant visa interview at the U.S. embassy or consulate in their home country. If the visa is approved, they will receive an immigrant visa, allowing them to travel to the United States and become a lawful permanent resident (green card holder).
It is essential to carefully follow the instructions provided by USCIS and the U.S. embassy or consulate throughout the application process. The procedures and requirements may vary depending on the specific circumstances and the country where your spouse is residing. Consider consulting with an immigration attorney for personalized guidance and assistance with the application process.
Checklist of required documents for spousal visa application
The checklist of required documents for a spousal visa application depends on the type of visa you are applying for and the specific requirements of the U.S. embassy or consulate processing the application. Generally, for a spousal visa application (either the CR-1 or IR-1 visa for immigrant spouses or the K-3 visa for non-immigrant spouses), the following documents are commonly required:
- Form I-130, Petition for Alien Relative: The primary form used to establish the qualifying relationship between you (the petitioner) and your foreign spouse. This form is filed with the U.S. Citizenship and Immigration Services (USCIS).
- Proof of U.S. Citizenship or Permanent Residency: Provide evidence of your U.S. citizenship (e.g., U.S. passport, Certificate of Naturalization) or permanent residency status (e.g., Permanent Resident Card – Green Card).
- Passport: A valid passport for both you and your foreign spouse.
- Civil Documents: These may include birth certificates, marriage certificates, divorce decrees (if applicable), and any other documents related to your marital relationship.
- Police Clearance Certificates: Your spouse may need to obtain police clearance certificates from any country they have lived in for an extended period since the age of 16.
- Affidavit of Support (Form I-864): Completed by you (the petitioner) to demonstrate your financial ability to support your spouse. This form is typically required for immigrant visa applications.
- Financial Documents: Provide evidence of your income, such as tax returns, W-2 forms, and recent pay stubs, as part of the Affidavit of Support.
- Medical Examination: Your spouse will need to undergo a medical examination by a designated civil surgeon, and the results will be provided directly to the U.S. embassy or consulate.
- Passport Photos: Passport-sized photos of both you and your spouse, adhering to the U.S. visa photo requirements.
- Form DS-260 (for immigrant visas): If you are applying for an immigrant visa (CR-1 or IR-1), your spouse will need to fill out Form DS-260, Immigrant Visa Electronic Application, online through the Consular Electronic Application Center (CEAC).
- Form DS-160 (for non-immigrant visas): If you are applying for a non-immigrant K-3 visa, your spouse will need to fill out Form DS-160, Online Nonimmigrant Visa Application.
- Visa Application Fees: Pay the required visa application fees as instructed by the U.S. embassy or consulate.
Please note that the specific documents required may vary depending on the type of visa, the U.S. embassy or consulate processing the application, and the individual circumstances of your case. It is essential to carefully follow the instructions provided by the embassy or consulate and consult with an immigration attorney for personalized guidance and assistance with the application process.