Checklist for Marriage Based Immigration Petitions For U.S. Citizens wishing to Sponsor Foreign National Spouses

November 14, 2018 | Share:

Below is a list of documents required to file for a spouse-based I-130 immigrant petition:

I-130 Spouse Petition Document Requirements

I-130 by U.S. citizen (USC)
G-28 for USC
I-130A for foreign spouse
G-28 for foreign spouse
USCIS filing fees* ($535 as of 11/15/18)
One passport photo of U.S. citizen
One passport photo of foreign spouse
Proof of U.S. citizenship: copy of U.S. passport, Certificate of Naturalization
Copy of marriage certificate
Copy of any divorce decrees
Copy of any name change documents
Copy of joint bank account, utility bill, health insurance, lease agreement, auto insurance, or other documents showing that you and your spouse have combined financial resources
Birth certificates of children born to you and your spouse together
Written statements of support (affidavits) by third parties having personal knowledge of the marriage
Any other documents to show that there is an ongoing marital union

*NOTE: Filing fees are subject to frequent revisions, as are the forms and requirements. For the current fee amounts please check the USCIS website I-130 page. This has the most current instructions, I-130 and I-130A forms and information on where to file.[1]

If the Beneficiary (foreign spouse) is in the U.S. they will also file for the Adjustment of Status. Below is a list of documents needed:

I-485 Adjustment of Status

I-485 Form by foreign spouse
Forms G-28s from USC and foreign spouse
Two passport photos of foreign spouse
USCIS filing fees* ( $750 to $1,225 depending on age, as of 11/15/2018. No fee for those admitted to the U.S. as a refugee)
Foreign birth certificate [copy] with English translation
Copy of passport page with visa stamp for foreign spouse – for all U.S. visas issued to them within, copies of OPT/EAD card etc. if applicable
Copy of any criminal records
Form I-864 signed by USC and spouse
Tax return, pay stub, offer letter [copy]
Passport of foreign spouse [copy]/ passport of USC
Form I-864A signed by foreign spouse and USC [if applicable]

*NOTE: Filing fees are subject to frequent revisions, as are the forms and requirements. For the current fee amounts please check the USCIS website I-485 page. This has the most current instructions, I-485, I-864, and I-864A forms, and information on where to file.[2]

I-765 Application for Employment Authorization

I-765 by foreign spouse
Two passport size photos of foreign spouse
Form G-28 by foreign spouse
No separate filing fees are required if filed with a marriage based adjustment application

NOTE: For the I-765 please visit the USCIS website I-765 page for the most current I-765 form and instructions. [3]

I-131 Application for Travel Document

I-131 by foreign spouse
Two passport photos of foreign spouse
Form G-28 by foreign spouse
No separate filing fees are required if filed with a marriage based adjustment application

NOTE: For the I-131 please visit the USCIS website I-131 page for the most current I-131 form and instructions.[4]

Additional Notes About All Forms: