What documents should I send with my I-751 Petition?
The I-751 Petition is document intensive and will require that you be organized and prepared to provide all the evidence you have of a bona fide marriage, even if your marriage ended.
The most important thing to keep in mind is that the documents you provide must cover from the date of Marriage to the date you file the case or if you are no longer married, until the date your marriage ended.
USCIS places a lot of weight on – proof of joint ownership of assets, joint responsibility for liabilities and active commingling of finances. Evidence that you have combined financial resources such as:
Full Checking, Savings or investment account statements showing ALL the transaction pages. USCIS will review the statements to see that the accounts have been actively used on a routine basis by both spouses for household and living expenses through the marriage
Proof that you and your spouse have made estate, health and financial planning arrangements with each other – such as a will, trust or durable power of attorney for health or property or both.
Federal and State Tax Returns, including relevant schedules and attachments such as W2 from date of Marriage to present. USCIS prefers that there is PROOF of filing with the IRS. So it is best to order the actual Return and Wage and Income Transcripts from the IRS instead of sending a copy of the returns https://www.irs.gov/individuals/get-transcript )
Joint utility bills, family plan cell phones, etc.
Joint Loan or credit card account statements.
Any other joint accounts that prove your joint-life.
Children as a result of your marriage
Copies of civilly registered birth certificates
Final Adoption Decrees for any children adopted
Court guardianship records for any stepchildren
School/Medical Records indicating the stepparent as a contact/guardian
Proof that you and your spouse have resided together and shared responsibility for a common residence.
Lease in both names showing joint occupancy
Deeds or Mortgages in both names showing joint ownership
Copies of Driver’s Licenses/Identity Cards showing same residence.
Proof of joint trips or vacations.
Hotel/Car Rental Receipts
Passport – entry/exit stamps and visas
Military Documentation (if applicable)
All pages from DD-1172 Form
Military Identification Card for both spouses and children
Form DD-1278 – if deployed outside the US
Permanent Change of Status documents – if deployed outside the US
Designation of spouse as beneficiary of SGLI policy
Proof of health insurance policy on behalf of dependents.
Affidavits from third parties who have knowledge of the bona fides of the marriage
Must contain the affiants full name, address, date, and place of birth
Include detailed information on how the affiant acquired first-hand knowledge of the marital relationship
Proof – such as photographs etc.
Affiants may be called to testify before an immigration officer regarding the affidavit.
Photographs of joint-life
Do not provide the original photographs.
Create a word document with the photographs in date order. Then print out the document in color and file with the I-751
Note the date, location, and occasion for each photograph.
If you are outside the U.S. you must provide
Two (2) passport-style photographs for each spouse and any children who are applying
Two completed Form RD-258 Fingerprint Cards for each spouse and children over the age of 14
Copy of current military/government orders.