A foreign-born spouse applying for a green card must provide a valid marriage certificate, proof of the petitioner's U.S. citizenship or permanent resident status, and evidence of a bona fide marriage such as joint financial documents or photos together. They also need to submit a completed Form I-130, Petition for Alien Relative, along with Form I-485, Application to Register Permanent Residence or Adjust Status, if applying from within the U.S. Supporting documents like birth certificates, passports, and medical examination results are essential to complete the application package.
What Documents Does a Foreign-Born Spouse Need for Green Card Application?
| Number | Name | Description |
|---|---|---|
| 1 | Birth Certificate Translation Affidavit | A foreign-born spouse must submit a birth certificate translation affidavit alongside the original birth certificate when applying for a green card to ensure accurate and official translation of the document into English. This affidavit verifies the translator's accuracy and fidelity in converting the birth certificate, which is critical for USCIS evaluation and approval of the application. |
| 2 | Government-Issued Identity Authentication | A foreign-born spouse needs government-issued identity documents such as a valid passport, birth certificate, and national identification card to authenticate their identity for a green card application. These documents serve as primary evidence in verifying the spouse's identity and nationality during the immigration process. |
| 3 | International Marriage Registration Certificate | A foreign-born spouse applying for a green card must provide an International Marriage Registration Certificate as part of their documentation to verify the legitimacy of the marriage. This certificate serves as official proof of marriage recognized by the relevant government authorities, facilitating the processing of the green card application. |
| 4 | Unexpired Passport Biographical Page Copy | A foreign-born spouse must submit a clear, unexpired passport biographical page copy as part of the green card application to verify identity and nationality. This passport page should include the spouse's full name, photograph, passport number, date of birth, and expiration date to meet USCIS documentation requirements. |
| 5 | K-1/K-3 Visa Entry Stamp Record | A foreign-born spouse applying for a green card must provide a K-1 or K-3 visa entry stamp record as part of the proof of lawful entry into the United States. This document is critical for verifying visa status and eligibility for adjustment of status under U.S. immigration law. |
| 6 | Overseas Police Clearance Certificate | A foreign-born spouse applying for a green card must obtain an Overseas Police Clearance Certificate to prove they have no serious criminal record in their country of residence. This certificate is crucial for the U.S. Citizenship and Immigration Services (USCIS) to evaluate the applicant's eligibility and ensure compliance with security requirements. |
| 7 | Foreign Divorce Decree (if applicable) | A foreign-born spouse applying for a green card must submit a certified copy of any foreign divorce decree to prove the legal termination of previous marriages, ensuring eligibility under U.S. immigration law. This document must be translated into English and authenticated to meet USCIS requirements for validation of marital status. |
| 8 | Country of Origin Residency Certificate | A Country of Origin Residency Certificate is a critical document for a foreign-born spouse applying for a green card, as it verifies their legal residence and identity in their home country. This certificate supports the authenticity of the applicant's background and helps U.S. immigration authorities assess eligibility and residency history. |
| 9 | Cross-Border Medical Examination Report | A foreign-born spouse must submit a Cross-Border Medical Examination Report completed by a U.S. Citizenship and Immigration Services (USCIS)-approved physician, detailing a comprehensive health assessment including vaccination records and screening for communicable diseases. This certified report is essential to satisfy immigration health requirements and ensure eligibility for a green card application. |
| 10 | Foreign-Language Civil Document Apostille | Foreign-born spouses must provide civil documents such as birth, marriage, and divorce certificates for a green card application, often requiring a foreign-language document apostille to verify authenticity. An apostille certifies these documents under the Hague Convention, ensuring U.S. immigration authorities accept the legal validity of foreign civil records. |
Understanding Certificate Requirements for Green Card Applications
| Document Type | Description | Certificate Relevance |
|---|---|---|
| Marriage Certificate | Official document proving the legal marriage between the foreign-born spouse and the U.S. citizen or permanent resident petitioner. | Essential for establishing the authenticity of the marital relationship, a valid marriage certificate must be submitted as part of the green card application. |
| Birth Certificate | Certified document indicating the foreign-born spouse's name, date of birth, and place of birth. | Required to verify identity and personal details; must be translated if not in English and accompanied by a certified translation certificate. |
| Police Certificates | Issued by local or national law enforcement authorities, these certificates confirm the absence of a criminal record in the foreign-born spouse's countries of residence. | Necessary to demonstrate good moral character; certificates must be official and sometimes require notarized translations. |
| Divorce or Death Certificates | Documents proving the legal end of any previous marriages for both the petitioner and foreign-born spouse. | Valid certificates must be submitted to avoid issues with marriage validity; translations required if not in English. |
| Certificate of No Impediment | A document from the foreign-born spouse's home country indicating there is no legal obstacle to the marriage. | Supports the legitimacy of the marriage when the home country requires this certificate for proof of single status prior to the marriage. |
| Medical Examination Report | Form I-693 completed by a USCIS-approved civil surgeon, certifying that the applicant has passed the required medical exam. | Though not a traditional certificate, this report serves as an official health certificate required for green card approval. |
Birth Certificates: Acceptable Formats and Translations
A birth certificate is a crucial document for a foreign-born spouse applying for a green card, serving as proof of identity and familial relationships. It must meet specific format and translation requirements to be accepted by U.S. immigration authorities.
- Original or Certified Copy - The birth certificate must be an original or a certified copy issued by the appropriate government authority to be valid.
- English Translation Requirement - If the birth certificate is not in English, a complete and accurate translation by a qualified translator must accompany it.
- Translation Certification - The translator must provide a signed certification declaring the accuracy of the translation and their competency in both languages.
Marriage Certificates: Verification and Common Issues
Marriage certificates are essential documents for foreign-born spouses applying for a green card, as they prove the legitimacy of the marital relationship. Verification of these certificates ensures that the marriage is legally recognized in both the country of origin and the United States.
Common issues with marriage certificates include improper translation, lack of official seals, and discrepancies in personal information. USCIS requires certified copies of the marriage certificate, often accompanied by a certified English translation if the original is in a foreign language. Ensuring authenticity and proper documentation helps avoid delays or denials in the green card application process.
Divorce and Death Certificates: Proving Prior Marital Status
Divorce and death certificates are critical documents for a foreign-born spouse applying for a green card. These certificates serve as proof that all previous marriages have legally ended.
Providing official divorce decrees or death certificates eliminates doubts about marital status and eligibility. Ensure these documents are certified and translated if not in English to meet USCIS requirements.
Police Clearance Certificates: What to Submit and When
Foreign-born spouses applying for a Green Card must submit Police Clearance Certificates (PCC) from countries where they have lived for more than six months since the age of 16. These certificates serve as proof of good conduct and are critical for the immigration background check process.
The PCC should be obtained before the Green Card interview or as part of the initial application package when applying through consular processing. Timely submission of these documents ensures compliance with U.S. Citizenship and Immigration Services (USCIS) requirements and prevents delays in the application review.
Certificate of No Impediment: When Is It Needed?
The Certificate of No Impediment is required when a foreign-born spouse applies for a green card and needs to prove legal eligibility to marry under their home country's law. This document certifies that no legal obstacles prevent the individual from marrying, ensuring the marriage is recognized for immigration purposes. It is essential when the couple's marriage took place outside the United States or in countries that require such certification.
Certified English Translations: Mandatory Guidelines
What certified English translations are required for a foreign-born spouse's green card application? USCIS mandates that all documents not in English must be accompanied by certified translations. These translations must be complete, accurate, and include a translator's certification verifying proficiency and authenticity.
Apostille and Notarization of Certificates
Foreign-born spouses applying for a green card must provide various official documents, including birth and marriage certificates, which often require additional authentication. Apostille and notarization are critical steps to verify these documents' legitimacy for U.S. immigration purposes.
- Apostille Requirement - An apostille certifies the authenticity of a document issued in a foreign country, making it legally acceptable in the United States under the Hague Convention.
- Notarization of Certificates - Notarization involves a licensed notary public verifying the signatory's identity and the document's legitimacy before submission.
- Document Submission - Applicants must submit either an apostilled or a notarized copy of essential certificates, depending on their country of origin and specific USCIS requirements.
Handling Certificates from Countries with Unavailable Documents
Foreign-born spouses applying for a green card must submit essential documents, including certificates such as birth and marriage records. Handling certificates from countries where documents are unavailable requires alternative solutions and careful preparation.
- Affidavits - Sworn statements from relatives or community members can substitute missing certificates to verify identity and relationships.
- Secondary Evidence - School records, baptismal certificates, or hospital records serve as acceptable proof if primary documents are missing.
- Embassy or Consulate Assistance - Seek help from your country's embassy or consulate to obtain replacements or official letters explaining unavailable documents.
Properly presenting alternative evidence ensures smoother processing of the green card application despite unavailable original certificates.
What Documents Does a Foreign-Born Spouse Need for Green Card Application? Infographic
