Married to a U.S. Citizen and Living in the U.S.

Married to a us citizen and living in the US

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Last updated: August 12, 2025.

By Asel Williams, Esq. · Columbia Law School · Licensed immigration attorney

Married to a U.S. Citizen and Living in the U.S.

If you are married to a US citizen and live in the U.S., you are eligible to apply for Adjustment of Status.

Before filing the Form I-485 application, make sure that you comply with the 90-Day Rule.

The table below lists the documents you need to submit with your green card application (submit photocopies only, except the medical form).

Note: A US citizen is “Petitioner” and the foreign national spouse is “Beneficiary”.

Immigration form

Required documents

Form I-130, Petition for Alien Relative

  • Two passport-style photographs of the US citizen 
  • Six passport-style photographs of the beneficiary
  • Marriage certificate
  • Proof of previous marriage(s) termination for both spouses:
    • Divorce decree
    • Annulment decree 
    • Death certificate
  • Proof of petitioner’s US citizenship (at least one of the following documents):
    • U.S. birth certificate (if born in the U.S.)
    • US naturalization certificate
    • US citizenship certificate
    • Unexpired US passport
    • Consular Report of Birth Abroad (if born abroad to US citizen parents)
  • Proof of bona fide marriage:
    • Joint lease agreement
    • Joint utility bills
    • Joint bank account statements
    • Joint credit card statements
    • Birth certificates of children born to the couple
    • Joint health insurance
    • Joint car insurance
    • Joint phone bills
    • Proof of joint assets (savings, investment accounts, mortgage, vehicle title, etc.)
    • Communication (text message, phone calls, etc.)
    • Proof of joint expenses (furniture, household items, etc.)
    • Gifts receipts
    • Wedding expenses
    • Wedding invitations
    • Joint travel documentation (airline tickets, hotel reservations, etc.)
    • Notarized witness affidavits from family members and friends who have personal knowledge of your relationship
    • Other available evidence
  • Legal name change documents if any of the spouses changed name in the past:
    • Marriage certificate
    • Divorce decree
    • Court order of name change

Form I-130A, Supplemental Information for Spouse Beneficiary

  • Beneficiary must complete, sign and date Form I-130A

Form I-485, Application to Register Permanent Residence or Adjust Status

Form I-765, Application for Employment Authorization

Form I-131, Application for Travel Document

Beneficiary’s documents:

  • If not filing Form I-485 concurrently with Form I-130:
    • Form I-130 receipt notice
  • Original sealed medical Form I-693. It can be submitted:
    • With the initial application
    • By mail if USCIS issues a Request for Evidence (RFE) for Form I-693; or
    • Bring to the interview (if interview is scheduled)
  • Long-form birth certificate that lists both parents’ names
  • Passport
  • US visa page
  • CBP stamp
  • Form I-94 for the most recent entry
  • Government-issued IDs (driver’s license, state ID, foreign driver’s license, foreign state ID, etc.)
  • Previously issued EADs (if applicable) – front and back
  • Previously issued Advance Parole or any other travel document (if applicable)
  • If you have EVER been charged with a crime (even if the charge was dismissed, expunged, or you were told by an attorney or judge that the charge was as if it never existed, etc.), certified records for each charge/incident:
    • Copy of Certified Court Dispositions for any charges, arrests, or convictions;
    • Copy of Police Report of any criminal charges, arrests, citations;
  • If you have ever been denied a visa, entry into the United States, or any other immigration benefit, or if you have ever been put in Immigration Proceedings (Immigration Court), provide all documents related to denials/deportation proceeding(s)
  • If you were ever in J-1 or J-2 nonimmigrant status and subject to the INA §212(e) home residence requirement:
    • Approval Notice for I-612 (if you had obtained a waiver of that requirement); or
    • Proof of complying with the two-year residency requirement (evidence that you have resided outside the US for 2 years after your J-1 or J-2 program’s end date)

Form I-864, Affidavit of Support Under Section 213A of the INA

Petitioner’s documents:

  • Proof of petitioner’s US citizenship (at least one of the following documents):
    • U.S. birth certificate (if born in the U.S.)
    • US naturalization certificate
    • US citizenship certificate
    • Unexpired US passport
    • Consular Report of Birth Abroad (if born abroad to US citizen parents) 
  • Federal tax return for the most recent year or IRS tax transcript
  • All applicable W-2 and/or 1099 form(s) for the most recent year
  • Employment verification letter
  • If petitioner is self-employed:
    • Corporate federal tax return (if applicable), with all schedules
    • A letter from petitioner’s CPA stating your annual income from your company, your position and what your ownership is of the company
    • Business license and/or any other documentation showing your ownership of the company
  • If petitioner’s income and/or assets do not meet the minimum income requirements – joint sponsor’s Form I-864 and supporting documents

English translation

  • English translation of all documents in foreign language. Provide copy of the original document in foreign language as well

Important: only photocopies of documents must be submitted to USCIS. However, if USCIS schedules an interview at the local USCIS field office, you will need to bring the original documents to your interview. 

See Also:

Form I-130 Checklist of Required Documents

Form I-485 Checklist of Required Documents

Affidavit of Support Checklist – Form I-864

Joint Sponsor Checklist of Documents