FAMILY IMMIGRATION FAQs
Family Immigration Checklists
The same evidence lists a US family immigration lawyer uses to assemble marriage green card, K-1 fiancé, I-751, N-400, I-601A, and parent petitions. Tick items off as you go; nothing leaves your browser.
Filter your checklist by selecting your category below, then check off your items as you go. Once completed, click the download button to print or save your copy.
Marriage Green Card (Adjustment of Status) Checklist
WHO FILES
US citizen petitioner + spouse beneficiary inside the US after lawful entry
FORMS
I-130, I-130A, I-485, I-765, I-131, I-864, I-693
GOV'T FEES
$1,440 (I-485) + $675 (I-130) = $2,115 government
TIMELINE
10-14 months to green card; EAD/AP ~5-7 months
Petitioner (US Citizen) Documents
- US passport biographic page OR birth certificate OR naturalization certificate
- Government-issued photo ID (driver's license)
-
Most recent 3 years of IRS tax transcripts (Account + Return)
Order at irs.gov/transcripts, not a tax return printout - Most recent W-2s and pay stubs (last 6 months)
- Employment verification letter on company letterhead
Beneficiary (Spouse) Documents
- Passport biographic page + every entry stamp
- Most recent I-94 from i94.cbp.dhs.gov
- Birth certificate with certified English translation
- Two US-style passport photos (2x2, white background, taken in last 30 days)
- Form I-693 medical exam in sealed civil surgeon envelope
- Certified court dispositions for every arrest, citation, or charge, even if dismissed or expunged
- Prior marriage divorce decrees / death certificates (both spouses)
Bona Fide Marriage Evidence
- Marriage certificate (certified)
- Joint lease, deed, or mortgage statement
- Joint bank account statements covering the full marriage
- Joint credit card statements
- Joint federal tax return filed MFJ + transcript
- Both spouses named on health, auto, renter/home insurance
- 401k / life insurance beneficiary forms naming the spouse
- Birth certificates of children born to the marriage (strongest single piece)
- Photos with date/location across the relationship (8-15 max, not 200)
- Affidavits of bona fide marriage from 2+ third parties (I-130 cover)
Red flags - call an immigration attorney before filing
•Beneficiary entered without inspection (EWI) needs I-601A, not AOS
•Spouse is LPR not USC different filing strategy (F2A)
•Any prior K-1, fraud finding, or visa refusal under INA 212(a)(6)(C)(i)
K-1 Fiance Visa Checklist
WHO FILES
US citizen petitioner + fiance beneficiary outside the US
FORMS
I-129F, DS-160, I-134, Medical (panel physician)
GOV'T FEES
$675 (I-129F) + $265 (DS-160 MRV fee)
TIMELINE
8-12 months I-129F to visa in passport
Relationship Evidence (INA 214(d) Requirements)
- Proof of in-person meeting within the last 2 years (boarding passes, passport stamps, hotel receipts, dated photos)
- Engagement letters from both parties, signed and dated
- Communication record sampling (call logs, chat 1 exports, 2 send 30-50 representative pages, not 1,000 pages)
- Photos together with timestamps across the relationship
- Engagement ring receipt / engagement party evidence
Petitioner Documents
- Proof of US citizenship (passport, birth certificate, or naturalization certificate)
- Divorce decrees / death certificates from all prior marriages
- IMBRA disclosures if the beneficiary was met through an international marriage broker
- Form I-134 Affidavit of Support + 3 years of IRS tax transcripts + employment letter
Beneficiary Embassy Packet
- DS-160 confirmation page
- Passport valid for at least 6 months past the intended entry date
- Birth certificate (certified + translated)
- Police clearance certificate from every country lived in for 6+ months after age 16
- Medical exam by embassy-designated panel physician (sealed)
- Two passport photos adhering to embassy specifications
Red Flags - Call an immigration attorney before filing:
Less than 2 years since the petitioner's last divorce (requires a Multiple-Filer waiver under IMBRA)
Petitioner has a prior I-129F filing for a different fiancé
Petitioner has a criminal record requiring IMBRA disclosure
CR-1 / IR-1 Spouse Visa (Consular Processing) Checklist
WHO FILES
Petitioner in the US + spouse beneficiary abroad
FORMS
I-130, DS-260, I-864, DS-261
GOV'T FEES
$675 (I-130) + $325 (IV fee) + $120 (AOS fee)
TIMELINE
12-16 months
I-130 Package (Filed With USCIS)
- [ ] Form I-130 + I-130A signed
- Petitioner US citizenship/LPR proof
- Marriage certificate (certified, translated)
- Divorce decrees / death certificates of all prior marriages
- Bona fide marriage evidence (see Marriage AOS checklist)
- Passport-style photos of both spouses
NVC Stage (After USCIS Approval)
- DS-261 Choice of Address & Agent
- AOS fee + IV fee paid in CEAC
- I-864 Affidavit of Support + tax transcripts + W-2s + employment letter
- DS-260 immigrant visa application submitted
- Civil documents: birth certificate, marriage certificate, police clearances, court records, military records
Embassy Interview Stage
- Original civil documents (NVC takes copies; embassy takes originals)
- Embassy-designated panel physician medical exam
- Two passport photos to embassy spec
- Updated bona fide marriage evidence since I-130 filing
- Appointment confirmation from CEAC
Red Flags - Call an immigration attorney before filing:
Petitioner income below 125% FPG with no joint sponsor lined up.
Beneficiary has prior US immigration history (overstays, denials, removals).
Public charge updates to DS-260 questions answered without attorney review.
I-751 Removal of Conditions Checklist
WHO FILES
Conditional resident from marriage-based 2-year green card
FORMS
I-751
GOV'T FEES
$750 + $85 biometrics
TIMELINE
12-24 months adjudication
Core Filing
- Form I-751 signed by both spouses (joint) OR by conditional resident alone (waiver)
- Copy of conditional green card (front + back)
- Passport-style photos
- G-1145 e-notification
2-Year Bona Fide Marriage Evidence (Since the Original I-130)
- Joint tax returns / transcripts for every year of the marriage
- Joint financial accounts spanning the 2 years
- Joint lease/mortgage covering the 2 years
- Birth certificates of children born during the marriage
- Joint health/auto/life insurance
- Joint health/auto/life insurance
- Affidavits from 2+ third parties with personal knowledge
Waiver Add-On (Divorce / Abuse / Hardship / Death)
- Divorce decree (final, not just filed)
- VAWA-style evidence if abuse waiver: police reports, protective orders, medical records, psychological evaluation
- Country conditions report if extreme hardship waiver
- Death certificate if widow(er) waiver
Red Flags - Call an immigration attorney before filing:
Living separately during the 2-year period without documented explanation.
No joint financial commingling at all.
Pending or finalized divorce filed without converting to a waiver.
N-400 Naturalization Checklist
WHO FILES
LPR meeting continuous residence and physical presence
FORMS
N-400
GOV'T FEES
$760 online / $710 paper (includes biometrics)
TIMELINE
8-12 months filing to oath ceremony
Identity & Status
- Green card (front + back, current)
- Passport(s) covering the entire statutory period (5 or 3 years)
- State ID / driver's license
- Social Security card
Travel & Residence
- Every trip abroad in the past 5 years (3 if marriage-based) with exact dates and destinations
- Address history for the same period
- Employment history for the same period
3-Year (Marriage-Based) Rule Add-Ons
- US citizen spouse's proof of citizenship + dates of citizenship
- Marriage certificate
- Joint financial evidence for full 3 years (proves marital union)
- Both spouses' divorce decrees from prior marriages
Conduct & Compliance
- Certified dispositions for every arrest, citation, DUI, or charge — including dismissed and expunged
- Selective Service registration confirmation (men who lived in US between 18-26)
- Most recent 5 years of tax transcripts (Account + Return)
- Proof of child support compliance if applicable
- Civics test study (100 questions; 2008 or 2020 version per filing date)
Red Flags - Call an immigration attorney before filing:
Trips abroad over 180 days break continuous residence.
Late or unfiled federal taxes, file before N-400, not after.
Filed taxes as 'non-resident' after becoming LPR (abandonment risk).
I-601A Provisional Unlawful Presence Waiver Checklist
WHO FILES
Beneficiary with approved I-130 who triggers a 3- or 10-year unlawful presence bar
FORMS
I-601A
GOV'T FEES
$795 + $85 biometrics
TIMELINE
36-42 months I-601A adjudication, then NVC + interview abroad
Eligibility Documents
- Approved I-130 receipt notice (I-797)
- DOS visa fee receipt showing case is at NVC
- Proof of qualifying relative (USC or LPR spouse or parent)
Extreme Hardship Evidence (The Case)
- Personal declaration from qualifying relative (10-15 pages, covering both relocation and separation scenarios)
- Psychological evaluation by a licensed clinician addressing both scenarios
- Medical records of qualifying relative + physician letters
- Country conditions report (US State Department, OSAC, expert affidavit)
- Financial impact analysis: tax returns, debts, mortgage, dependents' costs
- Children's school records and educational disruption documentation
- Letters from extended family addressing care-giving dependencies
- Employment / professional license evidence (proving skills cannot be transferred abroad)
Beneficiary Background
- Full address and employment history in the US
- Certified dispositions for any contact with law enforcement
- Birth certificates of any US citizen children
- Marriage certificate (if qualifying relative is a spouse)
Red Flags - Call an immigration attorney before filing:
Any other ground of inadmissibility besides unlawful presence (requires a full I-601, not an I-601A).
A final order of removal (requires a different process; must reopen the case first).
The qualifying relative listed is a child (only a spouse or parent qualifies for an I-601A waiver).
Parent Green Card Checklist (I-130 by US Citizen)
WHO FILES
US citizen 21+ petitioner + parent beneficiary
FORMS
I-130, I-130A (not required for parents but recommended)
GOV'T FEES
$675
TIMELINE
12-16 months I-130, then AOS or consular processing
Petitioner (US Citizen Child) Documents
- Proof of US citizenship (US passport biographic page, birth certificate, or naturalization certificate)
- Petitioner's birth certificate showing the parent's name (establishes the legal relationship)
- Government-issued photo ID (driver's license or state ID)
- Most recent 3 years of IRS tax transcripts
- Most recent W-2s and pay stubs (last 6 months)
- Employment verification letter on company letterhead
Beneficiary (Parent) Documents
- Parent’s passport biographic page
- Parent's birth certificate (with certified English translation if applicable)
- Parent’s marriage certificate (if petitioning a father or step-parent)
- Divorce decrees / death certificates of all prior marriages (for both parent and petitioner if relevant to step-relationships)
- Two US-style passport photos (2x2, white background)
Special Relationship Proof (If Applicable)
- For a Father: Parents' marriage certificate showing they married before the child turned 18, or proof of legitimation/financial bona fides before age 21 if born out of wedlock.
- For a Step-parent: Marriage certificate between the biological parent and step-parent showing the marriage occurred before the petitioner turned 18.
- For an Adoptive Parent: Final adoption decree showing adoption occurred before the child turned 16, plus proof of 2 years of legal custody and joint residence.
Red Flags - Call an immigration attorney before filing:
Petitioning a father when the parents were never married and no legal/financial relationship was established before the child turned 21.
The parent is currently inside the US after entering without inspection (requires a waiver process; cannot simply adjust status).
The parent has a prior history of immigration violations, overstays, or fraud.
How a family immigration lawyer actually uses these checklists
A document list is the easy part. The work that decides cases happens in how items are arranged, captioned, and cross-referenced inside the filing. Below is the four-step audit our family immigration attorneys run on every package before it leaves the office.
Step 1 - Eligibility audit before any form is started
Step 2 - Evidence hierarchy, not evidence volume
USCIS scores documentary, financial, and contemporaneous evidence higher than narrative. We rank every checklist item and remove low-signal items that dilute the strong ones three sharp pieces beat a 200-page photo album.
Step 3 - Cover letter mapped to the statute
Each filing leads with a cover letter citing the exact statute and regulation, indexing every exhibit to a numbered tab. Officers read covers; assistants read tabs. We write for both.
Step 4 - Interview prep based on the field office
Stokes interview style in Newark differs from Atlanta. We prepare the beneficiary with mock questions drawn from the office adjudicating their case, not a generic script.