What Do I Need To Apply for a Marriage Green Card?

 Posted on August 15, 2025 in Immigration

If you are married to a U.S. citizen or lawful permanent resident, you may be eligible to live permanently in the United States through a marriage-based green card. The process can be complex, and any mistakes with the application could delay your approval. A Merrifield, VA immigration attorney can guide you through the process, which involves proving both the authenticity of your marriage and your eligibility under federal immigration laws.

Who Can Apply for a Marriage-Based Green Card?

You may apply for a marriage-based green card, known as a spousal visa, if you are legally married to a U.S. citizen or lawful permanent resident and meet certain immigration requirements. Under 8 U.S.C. § 1151(b)(2)(A)(i), the spouse of a U.S. citizen is considered an immediate relative. That means these applications are not subject to the same waiting lists or quota restrictions that apply to many other family-based visas. However, spouses of lawful permanent residents fall under the family preference category, which could involve some waiting time.

Be mindful that the marriage must be legally valid in the place where it was performed. The government wants to know that it was entered into in good faith, not solely for immigration benefits. Same-sex marriages are also recognized if they are legally valid.

Requirements for a Spousal Visa in the U.S.

A spousal visa can be obtained through either the IR-1/CR-1 visa process for those living abroad or through adjustment of status if you are already in the United States. In both cases, the couple must prove they have a valid marriage. The U.S. citizen or lawful permanent resident spouse must also demonstrate that they meet the income requirements under 8 U.S.C. § 1183a by filing an Affidavit of Support to show the ability to financially support the applicant.

In addition, the foreign spouse must be admissible under U.S. immigration law. This means there can be no disqualifying factors such as certain criminal convictions, prior immigration violations, or health-related grounds for inadmissibility under 8 U.S.C. § 1182. Meeting these requirements and providing the supporting documentation are key to avoiding delays or denials during the application process.

Documents You Need for a Marriage Green Card Application

The specific forms and documents you must submit depend on your location and circumstances, but most applicants will need to provide the following:

• Form I-130: This is the petition for alien relatives that is filed by the sponsoring spouse to establish the relationship.

• Form I-485: This is the application to register permanent residence or adjust status used if applying from within the United States.

• Proof of marriage: You can provide a government-issued marriage certificate to prove your marriage.

• Evidence of a genuine marriage: You may use photographs, joint financial records, lease or mortgage documents, insurance policies, or affidavits from friends and family to prove that your marriage is legitimate.

• Proof of U.S. citizenship or permanent residency: The sponsoring spouse must provide a passport, birth certificate, or green card.

• Medical examination results: The exam must be conducted by an approved physician to confirm that you meet health-related requirements.

• Affidavit of support: The sponsoring spouse must provide this form to show that they can financially support the applicant.

The most important thing to remember is that the information and documentation you provide must be accurate. Any discrepancies can cause delays or lead to denial.

Contact an Experienced Tysons, VA Immigration Attorney Today

If you are ready to begin the process, the Merrifield, VA immigration lawyers at Salvado Law Offices are committed to handling your case with diligence and personal attention. Attorney Carlos Salvado frequently appears on Agendo Radio, advocating for the Hispanic community and addressing immigration concerns affecting Latin Americans. We also proudly offer services in Spanish. Call 301-933-1814 today to schedule your consultation.