Marriage-Based I-130 Document Checklist: Loblack Strategy

Attorney Peter Loblack | Harvard-Educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, FL. Serving clients in Florida, across the U.S., and globally.

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1. Documents for the Petitioner (U.S. Citizen or Green Card Holder)

• U.S. birth certificate
• Certificate of Naturalization or Certificate of Citizenship
• U.S. passport biographic page
• Green card (front and back), if a lawful permanent resident
• Any legal name-change documents

2. Documents for the Beneficiary (Spouse Seeking the Green Card)

• Birth certificate (with certified English translation if needed)
• Passport biographic page
• National ID card (if available)
• Any legal name-change documents

3. Marriage & Civil Documents

• Certified marriage certificate
• Certified translation of the marriage certificate (if not in English)
• Divorce decree(s) for any prior marriages (for either spouse)
• Annulment order(s) for any prior marriages
• Death certificate(s) for any deceased former spouse

4. Children You Have Together

• Birth certificate for each child (showing both parents' names)
• Adoption decree or custody/adoption order (if applicable)
• Any legal name-change documents

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5. Proof Your Marriage is Real (Bona Fide Evidence)

It is OK if you do not have everything listed. Provide what you have. Evidence should cover the timeline before the marriage, the marriage itself, and the present day.

A. Proof You Live Together

• Lease or mortgage with both names
• Utility bills with both names or the same address
• Driver's licenses or state IDs showing the same address
• Mail addressed to each of you at the same home

B. Proof You Share Finances

(Please keep each category together—all bank statements together, all tax returns together, all insurance documents together, etc.)

• Joint bank account statements (showing active, daily use)
• Joint federal and state tax returns or tax transcripts
• Joint credit cards or loans
• Joint car title or auto insurance
• Joint health, dental, or life insurance showing each other as spouse or beneficiary

C. Photos of Your Relationship

Every photo should clearly show: Names of the people in the photo, their relationship to you, and the date and event (for example: “Thanksgiving dinner – November 2025 – John (husband's brother)”).

• Wedding photos
• Photos with family members and friends
• Photos at family events (holidays, birthdays, graduations, etc.)
• Photos at social gatherings (parties, barbecues, community events)
• Vacation or travel photos (include dates and locations)

D. Records Showing Daily Life and Family Responsibilities

• School forms showing your spouse listed as emergency contact or authorized pickup for your child
• Medical or physician records listing your spouse as emergency contact or next of kin
• Insurance documents listing your spouse as beneficiary or emergency contact
• Shared memberships (gym, clubs, warehouse clubs, etc.)
• Travel itineraries, hotel receipts, boarding passes
• Receipts or records showing activities you do together

E. Social and Community Evidence

• Affidavits from friends or family who know your relationship
• Wedding invitations, receipts, or programs
• Evidence of shared religious or community activities

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6. Additional Required Items

• Two passport-style photos of the petitioner
• Two passport-style photos of the beneficiary
• I-94 arrival/departure record, visa stamp, or proof of lawful entry (if the beneficiary is currently inside the United States)
• Certified police or court records for any arrests or citations (if applicable)

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Myths vs. Reality: Proving a Bona Fide Marriage

Common Myth	The Legal Reality
Myth: Having a baby together guarantees approval.	Reality: While a shared child is incredibly strong evidence, it does not guarantee approval. You must still provide financial and cohabitation records to prove the marriage isn't a sham for immigration purposes.
Myth: We must have a joint bank account.	Reality: Joint accounts are excellent but not strictly mandatory. If you maintain separate finances, you can use shared leases, beneficiary designations, tax filings, and utility bills to establish commingling.
Myth: Notarized letters from our friends are all the proof we need.	Reality: Affidavits are considered "secondary evidence." USCIS gives primary weight to objective documentary evidence (like leases and bills). Letters should only supplement hard documents.
Myth: USCIS will just look us up on Facebook or Instagram.	Reality: You bear the burden of proof. You must print, curate, and submit relevant evidence. USCIS will not build your case for you.
Myth: A huge, expensive wedding is required.	Reality: USCIS does not care how much your wedding cost. They care about your day-to-day shared life. Joint grocery bills and shared car insurance carry much more weight than an expensive party.

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Loblack Pre-Filing Eligibility Audit

Do not submit an I-130 or I-485 petition until an experienced attorney has rigorously audited your background. Because an adjustment of status application is heavily scrutinized to verify statutory eligibility, securing an approval requires looking far beyond the forms. If you file blindly, you risk a Notice of Intent to Deny (NOID) or active removal proceedings. Issues that complicate a case and must be strategically addressed include:

• Previous immigration petitions that were withdrawn, denied, or abandoned
• Previous marriages suspected of being entered into for immigration purposes (INA 204(c) bars)
• Conflicting information provided on prior tourist or student visas
• Discrepancies in birth certificates or foreign civil documents
• Prior orders of removal or periods of unlawful presence
• Criminal arrests or citations
• Financial inadmissibility or I-864 non-compliance

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