Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference.

Make sure you have the proper documents to assit you in the process

It is not necessary to have an attorney to file for your marriage petition. However, having a good immigration attorney helping you in the process can make the difference between an approval and a denial. This legal guide will give you some tips and checklist of few of the necessary documents that you would want to put in your case to make sure the process goes smoothly. Note that this list is for general use only. Each case is particular, and it will be advisable to act or refrain to act basely solely on this list.

PETITIONER (U.S.Citizen) – Documents usually required from the Petitioner

__ Petitioner’s most recent tax returns

__ Petitioner’s W2 or 1099

__ Letter from employer stating annual salary, job title and date you started working __ 3 most recent check stub

__ Original petitioner’s naturalization certificate, U.S passport or certified copy of birth certificate of petitioner if born in the USA.

__ Applicant entry documents (passport, I-94, I-20s, IAP-66, etc)

__ Airline ticket for marriage trip

__ Miscellaneous: anything regarding a bona fide marriage

__ Phone bills of calls made between the two of you

__ 6 passport size photographs. (2X2 inch and white background)

BENEFICIARY (Foreign National) – Documents required

__ Certified copy of birth certificate with translation, if applicable

__ Medical Examination*

__ applicant only (form and list of doctors attached)

__ Miscellaneous: anything regarding a bona fide marriage

__ 6 passport size photographs. (2X2 inch and white background) * You will be asked about your vaccination history. If available, bring immunization records to your appointment. Note that if you are a beneficiary of INA 245(i) candidate, you will need to bring more proofs such as presence, copy of petition filed, etc.

Documents required by BOTH Petitioner and Beneficiary

__ Certified copy of marriage certificate with translation, if applicable

__ Engagement pictures, wedding pictures, photos of couple with family/friends, family photos (please label as to date, location and names of individuals in the photographs)

__ Bank accounts, property registered in both names

__ Insurance policies (medical, life, auto, etc.) with both names

__ Any documents with both your names on them, e.g. Letters, bills, statements, etc.

__ Lease or mortgage showing joint signatures/tenants

The List above is for informational use only.

Disclaimer: This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Feel free to check our website to read more about marriage petitions.

It is recommended to file such petitions with the assistance of a lawyer. Call our law firm today on 510 742 5887.


Written by admin

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).