HOW TO APPLY FOR A GREEN CARD BASED ON MARRIAGE

Green card application process
Can anything be more complicated than the green card application process in the US? That’s how I used to think of it years ago, but actually, it’s quite straightforward. I am writing this blog post because I wish I had a nice little summary of all the documents I needed to submit, how to go about submitting them, and all the other gazillion questions I had that overwhelmed me. So, if you are applying for the green card based on marriage to a US citizen, then read on, I hope you find this useful and that it makes your life a little easier. I do have to say that this is not legal advice, and I had a pretty straightforward case. So, if you are looking for legal help, please consult a professional. This is just my experience applying for a green card, and I hope you find it helpful.

 

 

In this blog post, I list every document I submitted with my application, and I show you how to apply for a green card based on marriage. I came to the US with a student visa (F1 category), and I was adjusting my status from F1 to Permanent Residence.

 

I’ll be using the same terms (petitioner and beneficiary) that USCIS mentions on their site. The petitioner is the person filing for you to adjust, and you are the beneficiary. So in my case, I am the beneficiary, and my US citizen husband is the petitioner.

 

All forms can be found on the USCIS.GOV website. Always make sure you are using the current edition for all forms. You can find the edition date at the bottom of the page on the form. Each of the forms comes with separate instructions on how to fill them out, which I found very useful. These forms contain instructions on how to fill out their corresponding forms and the required documents needed for each of them.

 

List of forms that I submitted for adjusting status to permanent residence:

  • I485 Application to Register Permanent Residence
  • I-130 Petition for Alien Relative:
  • I-130A Supplemental information for your spouse’s beneficiary
  • I-693 Medical examination and vaccination record
  • I-864 Affidavit of support
  • I-765 Application for Work Authorization
  • G-1145 Notification of Application Acceptance

 

 

Below we tackle each form and its specific requirements:

 

I-485 Application to Register Permanent Residence:

  • G-1145 filled out
  • Form I-485 filled out
  • Form I-693 filled out by USCIS designated provider (see below for more about this)
  • Two identical passport-size photos of yourself
  • Photocopy of your passport/government-issued ID that has a photo of yourself
  • Photocopy of your Birth certificate
  • Photocopy of your I-20
  • Photocopy of your student visa
  • Photocopy Form I-94 arrival departure
  • Photocopy of passport page with admission/parole stamp
  • Photocopy of your marriage certificate

Evidence for proof of marriage:

  • Joint bank statements
  • Joint health insurance
  • Joint car insurance
  • 401K beneficiary
  • Joint memberships
  • Joint phone plans
  • Birth certificate of children (if any)
  • Wedding Photos
  • Call logs
  • Trip confirmations

You can include any other evidence that shows that you are married

 

 

For Form I-693, you will need to make an appointment with an approved provider to have your medical examination done. To find an approved provider, click here and read the instructions. If the link does not work, just go to uscis.gov and search for civil surgeons in the search bar. The provider will then fill out the form and place it in a sealed envelope that you will then submit with your documents. You will also receive a copy of the completed form for your records.

 

I-130 Petition for Alien Relative:

  • Form I-130 filled out
  • Form I-130A filled out
  • Copy of Marriage Certificate
  • Documents showing legal termination if either spouse was previously married
  • Copy of Petitioner’s Birth Certificate
  • Copy of Petitioner’s Passport page
  • 2 Passport Photos of Petitioner
  • 2 passport photo of Beneficiary
  • Birth certificate of kids born to both of you if applicable

 

 

 

 

I864 Affidavit of Support:

(usually, the petitioner fills this form as your sponsor but they can use someone else as a joint sponsor if they do not meet the income guidelines)
  • Form I864 filled out
  • Proof of US citizenship/Legal permanent residence: copy of birth certificate/US Passport/Green card (front &back)
  • Copy of your federal tax return including w-2s for the most recent three years/ Federal tax transcript
  • Pay Stubs for the most recent six months and/or a letter from employer

 

 

I-765 Application for Work Authorization:

  • Form I-765 filled out
  • Two passport-size photos of the beneficiary
  • Copy of your form I-94 arrival departure record (front and back)
  • Copy of your Passport Page

 

 

 

USCIS is always changing its rules, so always double-check its website for instructions and guidance before submitting your application. I have to mention that at the time I filled out my application, I did not have the option to file online, but it seems like some of these forms now have the option to file online. Again, always double-check your application and seek help from a professional if necessary. Every case is different, and mine was pretty straightforward, so I applied without counsel.

 

Ok so now that you have all your forms completed let’s go over the checklist summary below

 

 

 

Checklist summary:

  • All forms signed and dated in the correct box
  • Included correct fees
  • included all required documents
  • Read instructions for filing

 

Each form comes with a filing fee. To see the filing fee, click on the form name, scroll down to the bottom, click on filing fee, and then click on the fee schedule page.

I did not mention Form I-131 (travel authorization) because I never included it in my package. If you need to travel, you might want to include it in your application.

If you are confused about filling out some questions, just open the instruction form that comes with the form and scroll to the number box to get help with filling it out. For example, Form I-485 has an accompanying form called Instructions for Form I-485.

I sent my application in with a cover letter stating everything that I included in the package. I did this because I thought it would help the officer know in what order I placed the forms, and mostly because I’m extra lol. You don’t have to include a cover letter if you don’t want to. I’ll have the cover letter down below if you want to see mine.

Before I end this post, I just have to mention that even though I double-checked my application several times before submitting it and made sure all required documents were included, I did receive an RFE (request for further evidence) from USCIS. It had to do with my copy of the birth certificate that I submitted not having an original stamp on it. Weird, I know, but I was able to respond to the RFE with what they wanted. So, don’t sweat when you receive an RFE. Just make sure you read it carefully and send in exactly what they are asking for.

Okay, wise reader, we have come to the end, and I wish you nothing but the best with your application. May the sprinkle dust fairy from this page make your case be approved in a lightning speed time frame. Good luck!

If you know anyone applying, please share this post with them. Comment below and let me know what form you are currently working on. I am eager to hear all about your current journey.

You can check out my other blog post on how to renew your green card. Until then, ciao my wise reader friend 🙂

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