What Happens After I-130 Is Approved?

A Guide On Step by Step Instructions Form I-485

USCIS Form I-485 (Application to Register Permanent Residence or Adjust Status

Living apart from your family member must be challenging, so while thinking of bringing them to the United States, you can come across plenty of information. By, far you probably learned everything about the I-130 form and green card process, and what’s more, you indeed have filed the form already.

After you submitted Form I-130 (Petition for Alien Relative), the next step to take in the green card process is to submit Form I-485 Application for Adjustment of Status with U.S. Citizenship and Immigration Services (USCIS).

The purpose of filing form I-485 application is to prove that the foreign spouse or relative is eligible for U.S. permanent residency. Unlike the I-130 form, your spouse or relative has to sign I-485, and in this process, they are called the “applicant.”

It is good to know if you are an immediate relative of the U.S. citizen (such as a spouse of a U.S. citizen who entered the U.S. lawfully) who hasn’t filed your I-130 form yet, and you are present in the United States, you are eligible to apply both forms at the same time (this process is known as “concurrent filing”).

Before reading, note that information provided on this site is not legal advice, and provided instructions may vary from case to case. So, if you think that you will need help from an immigration lawyer who can advise you if you can file Form I-140 and Form I-485 at the same time, you can contact our law firm.

At Herman Legal Group law firm, we have an individual approach to our clients, assessing each situation thoroughly to provide the best legal help and answer all your concerns.

Contact us through our confidential online form, or call one of our locations to schedule a phone consultation with an immigration attorney who will provide the right answer to your questions.

Who is Eligible to Apply Form I-485, Application for Adjustment of Status?

The applicant of Form I-485 may be an immediate relative getting their green card (lawful permanent residence LPR).

There are seven major categories listed on the form that applicants can file an I-485 based on: family, employment, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. For more clarity, those categories are further divided into 27 sub-categories for clarity.

If your relative or spouse applies as the person “who directly qualifies for an immigrant category,” he or she is considered the principal applicant, and their family members (of the principal applicant) are considered derivative applicants.

The principal applicant must indicate which category (EB-1 A, B, or C) they seek approval for and must comply with all corresponding requirements. Eligibility requirements vary depending on which immigration category (such as EB-1A, EB-1B, or EB-1C) the applicant is seeking.

Derivative applicants have to apply for an adjustment of status based on the same immigrant category the principal applicant seeks approval for.

When it comes to a green card application for married couples, only if a foreign spouse is physically present in the United States upon entering the United States on a valid visa, he or she can file an I-485 to apply for a green card.

Additionally, an immigrant visa must be “immediately available” for the spouse who may happen in two cases: Form I-130 must have already been approved (for the spouses of a green card holder), or the I-130 and the I-485 forms must be concurrently filed (in the case of the spouse of a U.S. citizen).

Form I-485 Step by Step Instructions

If an applicant is legally present in the United States and approved for an adjustment of status, he or she can seek permanent residency status. For this purpose, the applicant will use Form I-485 to file for Adjustment of Status.

Besides, the applicants must be physically present in the US to file Form I-485. Otherwise, if they are outside the U.S, they must apply for a green card through consular processing.

The short overview of the Form I-485

Part 1– provide your Social Security number or USCIS Online Account Number, or enter “N/A” for “not applicable.”, “Date of Last Arrival,” I-94 number, if you have a valid visa or you are out of status if your staying permit has expired, etc.

Part 2– choose the basis of your eligibility for a U.S. green card.

Parts 3 through 7- provide more personal and immigration-related information (about parents, marital history, and children).

Part 8– most provided answers should be “no,” as they reflect grounds of inadmissibility. If you find yourself answering “yes” to some of them, consult an attorney from Herman Legal Group law firm.

As you can see, question 61 is related to the “Public Charge” ground of inadmissibility. If you have received public benefits, it doesn’t mean you’ve done anything illegal. Still, you will have to prove that you will not need such help in the future (exemptions are an asylee, refugee, special immigrant juveniles, U visas, and VAWA applicants).

Part 9– if you are disabled, you can ask for accommodations here, such as having a medical caregiver accompany you into the interview.

Part 10– requires your signature (parents can sign on behalf of children and fill in Parts 11 and 12);

Part 13– you shouldn’t fill it out before the interview.

Part 14 – provide you space to enter more information.

When To File Form I-485?

Principal applicants who want to file Form I-140 (for EB-1) approval can file an I-485 adjustment application after getting the approval notice of USCIS. An immigrant visa number is immediately available, or if there was concurrent filing allowed.

Derivative applicants who seek an adjustment of status can get Form I-485 approved only when the principal applicant is granted LPR status.

When it comes to principal applicants’ spouses and children (unmarried and under 21 years of age), they may file Form I-485 if an immigrant visa is immediately available to them and meet all the filing requirements. These applicants can file the I-485 form:

1. Concurrently with the principal applicant’s application (concurrent filing)
2. After the principal applicant files a Form I-485 that remains pending
3. Upon USCIS approval of the principal applicant’s Form I-485 and at the time of the principal applicant’s Form I-485 approval (spouse or child)
4. Upon the principal applicant obtaining an immigrant visa and entered the United States as an LPR, if the principal applicant is still an LPR and if at the time of his or her entry, you were the principal applicant’s spouse or child.

As it may seem, some parts of the form may be pretty tricky, but don’t worry. Within the immigration services that our law firm provides, we can also help you out with filing form I-485.

Documents to Support Form I-485

The applicant has to file an I-485 application with additional evidence. The aim is to prove that the applicant is eligible for a green card. The evidence the applicant has to submit may vary depending on the category and other factors, as well.

An applicant who prepare this adjustment of the status package will usually include:

• Form I-485 —to claim immigration status and adjust the status of the permanent resident (green card holder).
• Form I-130, Petition for Alien Relative — which is only for family-based applications and may be filed concurrently with Form I-485.
• Form I-130A, Supplemental Information for Spouse Beneficiary
• Form I-864, Affidavit of Support — if your application is a family-based petition (including K-1 fiancés), or an employment-based petition related to a business that is five percent or more owned by your family; Also, applicants must remove the public charge ground of inadmissibility (asylum and refugee applicants are exempted).
• Form I-693 — provided by USCIS doctor, this form establishes that the applicant is not inadmissible to the United States on public health grounds.

There are two optional forms:

• Form I-765, Application for Employment Authorization — to request employment permission. An adjustment of the status applicant is eligible to request work authorization.
• Form I-131, Application for Travel Document — to obtain an advance parole travel document to re-enter the United States after traveling abroad.

The form we listed above is typically used for a family-based adjustment of the status package. Still, your situation may require some other, as well, such as a birth certificate, copy of your passport, passport-style photos, and a Notice of Action. Note that your answers in the application will determine what forms and documents you should submit with Form I-485.

If you seek to adjust status under section 245(i) of the Immigration and Nationality Act, you should use Form I-485 Supplement A.

What is Processing Time for I- 485?

The processing time for Form I-485 will vary based on the application, USCIS caseload, and the whether the adjustment of the status application package is filed accurately.

After you adequately filed Form I-485, USCIS will send you an email confirming that your application arrived. This receipt notice, usually coming within two to three weeks, is known as Form I-797C, Notice of Action.

If you don’t file Form I-485 properly, USCIS will reject the application by sending you a Notice of Action or, you can receive a Request for Evidence if USCIS needs additional documents. These are situations that will cause delays.

It is essential to correctly file your application package and submit all required supporting documents. Again, an experienced immigration attorney can help you.

Within two to three weeks after applying, you will receive a notice for a biometrics appointment.

Within five to eight weeks after filing, you will have a short biometrics screening.

Four to eight weeks after applying, you will receive a Form I-797, Notice of Action, to attend an interview to adjust your status as a permanent resident.

The next step is attending an adjustment of the status interview before the U.S. immigration officer, usually six to 12 months after filing I-485. You can get permanent residence right after the interview, or your green card may arrive about eight to 14 months.

In the event of a denial, USCIS will send you a notice explaining the reasons.

So, after having an insight on necessary steps that you will undertake after filing your Form I-485, Application to Adjust Status, you can see that I-485 processing time can take anywhere from 8 to 14 months. In addition, you can check your case status with your receipt number.

Where to File I-485

The place where you will file your Form I-485 depends on the eligibility category you belong to. For example, A K-1 fiancé(e) (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiancé(e), will file their application to USCIS Chicago Lockbox.

What are Filing Fees for the I-485 Form?

Filing fees also vary depending on your category.

You can use a money order, personal check, or cashier’s check to pay the fee. If you use a check to pay the fee, you must make your check payable to the U.S. Department of Homeland Security.

At a USCIS lockbox facility, there is also the option to pay by credit card. For this purpose, you will have to use Form G-1450, Authorization for Credit Card Transactions.

On the USCIS website, you can find the Fee Calculator that will help you determine the fee that applies to your case.

How long you can stay in the United States depends on the information indicated on your Arrival/Departure Record:

• Form I-94, Arrival/Departure Record, or
• Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Record.

If you remain in the United States longer than the date indicated on your I-94, you become unlawfully present, leading to legal consequences. The U.S. Immigration and Enforcement have the authority to remove individuals who overstay.

If, as a nonimmigrant visitor, you remain in the United States after the approval duration of your stay, you will not be able to file for extensions, changes, or adjustments to the status. Moreover, you may be barred from re-entry for 3 to 10 years and eventually get your green card. Still, specific categories of applicants may be exempted.

Those are:

• the spouse of a U.S. citizen,
• the U.S. citizen’s children under age 21
• the U.S. citizen’s parents if the U.S. citizten is 21 or older.

To adjust status after an overstayed visa, you must submit concurrently three applications:

• Form I-130, Petition for Alien Relative;
• Form I-864, Affidavit of Support; and
• Form I-485, Application to Register Permanent Residence or Adjust Status.

Do I Need an Attorney for Filing I-485, Or Can I File It By Myself?

You file the I-485 form by yourself, no matter what grounds you file for, even if it applies to an employment-based green card. Still, as you could see through this article, the form is complex, and some might find it confusing. If not appropriately filed, an applicant can risk rejection or delay.

With proper instructions, you can avoid these costly mistakes. The best solution is to find a trustworthy lawyer who will ensure that your application will be approved and help you adjust your status.

We have been providing immigration services helping foreigners to adjust their status or apply for a green card. By contacting us, you will ensure that our immigration attorney will answer individual questions on form I-485 and any other concerns.

Some stages of the process can be complex, so having the attorney by your side at any time is an advantage and ensure the process goes smoothly.

The attorney can provide you with instructions, help you fill out the application, advise you on supporting documents that you need to enclose, ensure you do not miss any important date, help you get prepared for the interview, and lead you on how to prepare your application package properly. Most importantly, your attorney will be ready to answer any concerns raised at any stage of the process and adjust the strategy if needed.

There are other useful links to articles on our blog where you can learn about the green card process, but keep in mind that information on the site is not legal advice or affiliated with government immigration services.

I-130 Checklist: How to submit form I-130?

Marriage-Based Green Card: A Step by Step Guide

Congratulations on your marriage!

Have your spouse living abroad, and you, as a U.S. citizen, already chose the United States and decided to live in this country permanently? If that is so, you are ready to learn about the process of getting a green card through marriage as your best option and help your spouse and apply for a green card and permanent residence.

What is a marriage-based green card?

There are two categories of U.S. visas: immigrant and nonimmigrant visas.

Immigrant visas are designed for foreign nationals who want to live permanently in the United States and want to seek permanent residence, such as fiances of a U.S citizen, while nonimmigrant visas are for those foreigners who intend to enter the United States temporarily so they have nonimmigrant status.

First, let’s make it clearer on what the green card through marriage is: The spouse of a U.S. citizen is an “immediate relative.”

This means that you, as a couple who are already married, and one of you is a U. S. citizen or lawful permanent resident, the foreign-born spouse can become a green cardholder. The first step in this process to take is to file Form I-130, Petition for Alien Relative.

A marriage green card will allow a U.S. citizen spouse to live and work in the United States. Having a green card will ensure them “a permanent resident” status until they decide to apply for U.S. citizenship or going for adjustment of status, which they can do after three years.

Here, we will make short guidelines for those who want to apply for a green card and become a permanent resident without scrolling through a bunch of information on the internet.

We believe you will have plenty of questions after reading it since immigration law, so don’t hesitate to contact our law firm and get legal help from one of our experienced immigration attorneys who can lead you through all visa processes, answer immigration questions, or help you adjust status.

How To Become a U.S. Permanent Resident by Obtaining a Green Card Through Marriage?

When you want to obtain a green card through marriage and become a permanent resident, the process will require you to follow these three steps:

1. Submitting Form I-130 (Petition for Alien Relative);
2. Completing Form I-485 or Form DS-260 and gathering supporting documents
3. Attending the green card interview and await approval

To guide you through each of these steps, we prepared this article in the way it can show you and lead you to petition your green card through marriage, including important steps and helpful links to other relevant articles on our blog, official U.S. Citizenship, and Immigration Service website, or other U.S. government websites where you can learn more thoroughly about the whole green card application process and permanent residence path.

But, needing to know more specific details regarding your immigration situation as a married couple, be free to seek legal help from our law firm.

Step 1: Submitting Form I-130

The first step to obtain a green card and ensure permanent residence status as a spouse of a U.S. citizen is to submit a Form I-130 petition. You or your spouse must file the I-130 petition in the U.S. Citizenship and Immigration Services (USCIS).

The USCIS is part of the U.S. Department of Homeland Security, and it will be the primary contact point for you in this process. Their website will be the relevant source of required documentation and up-to-date information on the green card application process.

Along with the I-130 form, you have to prepare some supporting documentation. The primary purpose in this phase is to establish that your marriage exists and it is valid.

U.S. citizens or those who currently hold green cards file this form with the USCIS and they are called the “petitioner” or “sponsor.” The foreign spouse, the one seeking a green card is called the “beneficiary” or “green card applicant

Get help from an attorney from Herman Legal Group by contacting us on (+1)(614) 300-1131, or you can complete our online contact form for a initial consultation. .”

What documents should you prepare for the Green Card Marriage Interview?

Make sure to submit the following papers:

• Proof that you paid the U.S. government the filing fee, which is $535 (this is only for Form I-130, not the total cost for adjusting status)
• Evidence that the sponsoring spouse is a U.S. citizen (copy of the birth or naturalization certificate, or a photo of a valid U.S. passport) or permanent resident (copy of the sponsor’s green card)
• Proof of a legally valid marriage (a marriage certificate)
• Proof that the marriage is not fraudulent (joint bank account statements, a joint lease, and pictures together, other evidence related to your marriage)
• Evidence of termination of previous marriage (a divorce document).

Once you prepare the I-130 filing package, you have to mail it to the appropriate address. USCIS Service Center you send your petition depending on where you live and filing Form I-485 concurrently.

Then, you will receive an official acknowledgment (“receipt notice”). Typically, it takes USCIS about two weeks to mail this receipt to the sponsoring spouse.

If USCIS deems that the information you provided is sufficient to decide upon your case, within 2–3 months, you may receive a Request for Evidence (RFE). Once they get everything they need, they will make a final decision on your petition. Usually, this takes 7–15 months, depending on your situation.

Note: Due to the COVID-19, USCIS announced it is adopting a measure to assist applicants and petitioners responding to requests for evidence (RFEs). More about temporary measures you can find here.

If you receive notice that your I-130 form has been approved, you may process to the next step: ensuring eligibility for a green card of your spouse.

Step 2: Completing I-485 or DS-260 forms and gathering supporting documents

There are two different processes to determine a spouse’s eligibility for a green card. The USCIS will take into account whether your spouse lives in the United States or abroad.

When Applicant Living in the United States

If your spouse seeking a green card is physically in the United States, then he or she must file Form I-485 (“Adjustment of Status” application) at the same time and get a green card without having to leave the U.S.

Documents to prepare within the I-485 filing package:

• Government-Issued Identity Document (a passport valid for at least six months beyond your planned date of entry into the U.S, a driver’s license)
• Birth Certificate (or an explanation why it cannot be provided).
• Inspection and admission or Inspection and Advance Parole
• Documentation of your immigrant category.
• Marriage certificate and other proof of relationship.
• Evidence of continuously maintaining lawful status.
• Affidavit of Support or Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section – unless a job offer is not required.
• Proof of Financial Support
• Report of medical examination and vaccination record (Form I-693)
• Filing fees of $1,225 ($1,140 for the green card application and $85 for biometrics)

If you are a U.S. citizen

Your spouse must include the I-485 filing package, the I-130 form, and supporting documentation. We already described those in Step 1. This process is known as a “concurrent filing.”

You may concurrently file your Form I-485 only when the underlying immigrant petition’s approval would make a visa immediately available to you.

If you are a green card holder

Your spouse cannot submit the I-485 filing visa package until the USCIS determines that a marriage green card is available in the visa bulletin. Here, you will see that there are various annual caps. The wait time differs, and currently, it is about one and a half years.

Note that this can vary by a few months, depending on the spouse’s home country seeking a green card. Once the I-485 filing package is submitted, you can expect that processing time is 9–11 months.

Read this for more explanation on concurrent filing and learn how to check your place in the visa queue.

When Applicant is not Living in the Country

The process differs from those who are physically present in the country. If you or your spouse are not currently in the U.S, your visa application package must be filed with the National Visa Center (NVC), which will gather the necessary forms and documents.

NVC is a division of the U.S. Department of State that plays an important role in processing immigrant visa applications as well as a fiance(e) visa applications. Upon completing the documentation, NVC will decide whether the spouse is ready for an interview at a U.S. embassy or consulate abroad (a “consular processing”).

Documents to include with the filing package:

• Government filing fees- $445 ($120 for the financial support form and $325 for the State Department processing fee)
• Form DS-260
• Nationality of the spouse who seeks a marriage green card (copy of the birth certificate and passport photo)
• A police clearance certificate for the spouse seeking a marriage-based green card
• Evidence that the U.S. citizen, sponsoring spouse, will be able to financially support the spouse seeking a green card through marriage (including Form I-864, or “Affidavit of Support,” and evidence such as tax returns and pay stubs)

Step 3: Attending the Interview

The last step to undertake in the green card application process is to attend the green card marriage interview led by the officer, who will aim to assess your marriage’s authenticity. You will have to take the proper preparation to avoid giving vague answers and make the interviewing officer suspect in your statements.

There are certain documents to bring, and after USCIS officers assess them, they will ask you questions to determine whether your relationship is genuine.

People make common mistakes that make the interviewing officer suspicious that marriage or relationship might be fraudulent, so make sure to get prepared for the green card interview.

If the officer is satisfied with answers and sees no irregularities in documents, the green card for your spouse will be approved.

Where you will attend the Interview?

The green card marriage interview location depends on where the spouse seeking a green card currently lives.

1. Your spouse is currently in the U.S.: you will both be invited to the local USCIS office, and the green card will be mailed within 2-3 weeks of the approval.
2. Your spouse lives outside the United States: they will go to a U.S. embassy or consulate in the home country. In this case, as a sponsoring spouse, you will not be invited.
3. If approved, the spouse applying for a green card will receive a visa stamp in the passport and be allowed to travel to the U.S.
4. Before a physical green card can be issued, which usually takes between 2-3 weeks, the fee that must be paid is $220.

What Can You Expect After The Marriage Green Card Interview?

The U.S. immigrant officer will usually bring the decision right away whether you get a green card. But, in some cases:

1. You can receive an RFE.
2. USCIS can conduct an additional application review.
3. USCIS can schedule the Stokes interview

If the application has been approved, the officer will put the stamp in the immigrant passport, valid for 30 days as a green card. The green card will arrive by mail in the next 60 days.

If you have been married to a U.S. citizen for less than two years

The spouse will receive a CR1 (or “conditional”) green card, which is valid for two years. You will have to submit Form I-751 ( “Petition to Remove Conditions on Residence”) within the 90-day before the expiration of the conditional green card.

When USCIS receives it, they will re-evaluate your marriage, making sure it is authentic and that you as a couple did not get married only for immigration purposes.

If you have been married to a U.S. citizen for more than two years

Your spouse will receive an IR1- “immediate relative” immigrant visa. This is a “permanent” green card that will be valid for ten years. The good news is that usually, renewing this green card is a straightforward process. It will not require you to prove the authenticity of your marriage again to stay a permanent resident.

We provide u.s. immigration services to our clients across the U.S. but also around the globe. We can help you apply for an immigrant and nonimmigrant visa, get a green card, adjust your status, and prepare all required documents throughout the immigration process.

You can contact us any time, and get help from our immigration attorney. You can use the online form or call us at (+1)(614) 300-1131. Our law firm is available any time 24/7 and will look through your case and make a unique strategy according to it.

How to apply for a CR-1 Visa?

ACR1 visa or IR1 spousal visa allows a foreign spouse married to a U.S. citizen or permanent resident to live and work in the United States.

CR1 spousal visa is issued only to those married couples, same or different sex, whose marriage lasts less than two years, and that is why it is called the “conditional resident.” On the contrary, the IR1 visa is issued for couples who are married longer than two years. The purpose of the CR1 petition is to grant the foreign spouse a conditional permanent residence in the United States.

The U.S. citizen can initiate a visa by submitting the Form I-130, Petition for Alien Relative. The U.S. citizen as a petitioner has to have U.S. citizenship or to be a permanent resident. He also has to be lawfully married to a foreign spouse, and his income has to meet the proposed visa criteria. The alien spouse has to be 18 years old.

The petition should get mailed to the specified address with U.S. Citizenship and Immigration Services. After the approval, USCIS will transfer the petition to the National Visa Center (NCV), where the case number gets assigned.

At the same time, it is necessary to fill the online Form DS-261, Choice of Address and agent, and to pay around 1200$ for the petition fees plus additional medical exam fees of 200$ if the examination is needed. Along with the forms I-130 and Form DS-260, Immigrant Visa and Alien Registration Application, it is necessary to submit additional documents.

Documents can refer to U.S. citizenship evidence such as a birth certificate or a U.S. passport, and proof of bona fide marriage, like marriage certificate, joint bank account statements, etc. Other documents such as proof of medical exam, passport-style photos, and a Form I-864 as Affidavit of support are needed. Optional document Form G-1145 can also be filed to transfer communication with USCIS about petition acceptance from physical mail to mobile phone or email.

If the petition is complete, NVC will appoint the interview and forward the petition with all the supportive documents from the case to the U.S. Embassy or Consulate, where the interview will be held.

The Appointment letter will get mailed about one month earlier, leaving the time for the foreign spouse to collect all the necessary documents and get prepared for it. Instructions for obtaining a medical examination will be addressed in the letter too.

The petitioner will also get the Appointment letter, but it does not have to attend the interview. During the interview, the spouse will be questioned by the consular officer about the relationship and marriage with the petitioner, with the purpose of determining that the marriage is not fraudulent.

The USCIS can send the Request for evidence, in which case additional documents will have to be submitted. Processing time can vary from case to case, but the estimated time for granting the visa can be from 7 to 10 months.

It is possible that even though the marriage is real, the visa petition gets denied, meaning that profound preparation and fulfilled eligibility requirements are a must.

Form I-130 Petition for Alien Relatives: The Winning Guide

The first steps on the pathway to obtaining a family-based permanent residence or green card in the United States is Form I-130, Petition for Alien Relative. The Form I-130 is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with the beneficiary.

Although the steps that are necessary to be undertaken are fairly consistent, the processing time of I-130 depends on other circumstances. The processing time will mostly vary significantly based on the type of relationship (between petitioner and beneficiary), USCIS caseload, and your ability to file an accurately prepared I-130 petition properly. The following outline describes the necessary steps of the I-130 timeline for most people.

The marriage visa process is more straightforward and less costly, comparing to the fiance K-1 visa. The State Department will assess the marriage-based immigrant case, and after it approves it, it will issue a visa. Visa issued this way will also serve as a temporary green card.

With this visa, you will be able to travel to the United States, and after you get granted the green card, the State Department will mail it to you. If you have been married for less than two years after entry to the United States, you will first be issued a conditional green card. Before receiving a ten-year green card, you will have to file to remove conditions.

When it comes to processing times for Form I-130 Petition for Alien Relative, it also can be slow. As of mid-2020, it took from seven to 22 months on average for USCIS to process this form. Upon approval of the I-130 petition, how long it takes before you can come to the United States will depend on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”) or green cardholder.

If you are married to a U.S. citizen, you will qualify as an immediate relative. This means that your case would take the length of time it takes the government to process it. Usually, the time you have to wait for in this case takes about two months before transferring the case to the National Visa Center (NVC).

You will then have to wait for several more months before the U.S. embassy is ready to schedule your interview. As you can see, the total average processing time can be up to 24 months.

On the other side, if you are married to a lawful permanent resident, then your priority date is not immediate. Instead, you will be subject to the quota system.

If your lawful permanent resident spouse has lived with you in a foreign country for more than six months, you should consider consulting an attorney to ensure that the government has not deemed his or her green card “abandoned.”

Although a marriage CR-1 visa will not take less than 12 months, it has specific advantages. One of these is that immigrants arrive in the United States with permanent residency once they cross the border.

Upon arrival, they can immediately work, get social security number, driver’s license, and travel outside the United States. The green card should arrive in the mail within a couple of weeks of arrival in the United States, but the stamp in the passport at the border is evidence of green card status (I_551 stamp).

To follow up with the current processing time, you can visit the USCIS official website and see trends in all five field offices or service centers: Nebraska, California, Potomac, Texas, and Vermont.

What Are Priority Dates?

The priority date determines your place in line/the queue. The priority date, according to the USCIS, is normally that date when the relative or employer of the applicant files the immigrant’s visa petition with the USCIS. You should be able to locate the priority date on the Notice of Action (Form I-797) which was filed on behalf of the applicant. The USCIS officer should verify the priority date “by reviewing the actual immigrant petition or permanent labor certification application.”

Priority dates for family-sponsored preference cases

“For family-sponsored immigrants, the priority date is the date that the Petition for Alien Relative (Form I-130), or in certain instances the Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), is properly filed with USCIS.”

Priority dates for employment-based preference cases

Immigrants seeking visas and green cards based on employment have their priority date set on the earliest of the:

• The date the petition is properly filed with the USCIS
• Date “the permanent labor certification application was accepted for processing by the Department of Labor (DOL), when a labor certification is required.”

Other factors may determine the priority date as well.

What is Classification Conversion?

In some cases, the USCIS officer must consider the visa classification and the special priority date – when reviewing the availability of visas. Sometimes, the classification of the petition may shift automatically based on circumstances subsequent to the filing. While this shift doesn’t affect the applicant’s priority date – it can affect the availability of the visa.

For some family-based applications, the “applicant can elect to opt-out of the classification conversion when it is advantageous to do so” – provided they are eligible.

Use of earlier Priority Dates

Sometimes, applicants have multiple applications pending – each with different priority dates. In this case, the applicant may opt to use an earlier priority date instead of the later date on the most recent petition. In this scenario, the applicant should inform the USCIS officer of his/her intent to use the earlier priority date – “by including an approval notice for the previous petition in the adjustment application packet.” This situation can occur for both family-based petitions and for employment-based petitions.

“Specifically, in the event that an applicant is the beneficiary of multiple approved employment-based petitions filed under 1st, 2nd, or 3rd preference, the applicant is entitled to the earliest priority date.”

Similarly, an applicant with an approved Form I-526 filed on or after November 21, 2019, is generally entitled to the priority date of a previously approved 5th preference immigrant investor petition.”

When earlier Priority Dates may not be used?

The option to use an earlier priority date normally doesn’t apply for Adjustment of Status petitions in the following situations:

• If the application was denied or ended due to misconduct – such as “fraud, willful misrepresentation, or material error”
• “The beneficiary is no longer eligible for the classification for which the petition was filed and does not qualify for automatic conversion”
• The “DOS terminated the registration of an applicant who failed to timely file for an immigrant visa, thereby automatically revoking the petition”
• The applicant already used the earlier petition to immigrate

The priority date of an earlier approved petition (in cases of employment-based 1st, 2nd, and 3rd preference categories) can’t be used for a later petition if the approval of the earlier petition was revoked by the USICS due to:

• “The petition was approved in error
• Department of Labor revoked the labor certification associated with the petition,
• USCIS or DOS invalidated the labor certification associated with the petition
• Due to fraud or the willful misrepresentation of a material fact.”

Employment-based 5th preference cases

There are special considerations, regarding using an earlier priority date, for 5th preference employment immigration petitions. The earlier priority date can’t be used:

• “If the alien was lawfully admitted to the United States for permanent residence using the priority date of the earlier approved petition”
• “If USCIS revoked the approval of that petition based on a material error”

The inability to use the earlier priority date if the earlier approved petition involved fraud or misrepresentation of a material fact only applies if the prior misconduct includes “fraud or willful misrepresentation – of that material fact.

To discuss your priority date and cut-off date, your place in the green card line, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with you.

What if my I-485 is denied?

the USCIS can be incredibly strict with the extensive process of a Form I-485, Application for Permanent Residence. You probably spent a lot of time preparing your documents to file and getting ready for the interview, and eventually, you found out that your application is denied.

The first thing to know is that denial does not mean that you lost any chance. There are more options to consider, such as filing a Motion to Reconsider or a Motion to Reopen with USCIS, requesting a review from USCIS’s Administrative Appeals Office (AAO), or reapplying and start the process over from the beginning.

Furthermore, if you received a Notice to Appear in Immigration Court for removal proceedings, but USCIS didn’t revoke or deny your Form I-130, you can ask the judge to reconsider your I-485.

Motion to Reconsider

You can file a Motion to Reconsider when you and your attorney believe that the USCIS officer made a factual or legal error in denying your application.

Motion To Reopen

On the other hand, you can file a Motion to Reopen when there is new evidence that was previously unavailable to you but may change the case’s outcome if the matter were reopened to consider the new evidence. You will have to explain why you could not submit that evidence initially, which usually means that some circumstances must have changed that justifies allowing you to submit this additional evidence.

Appealing to the Administration Appeals Office

means taking your case out from one officer and asking a different officer to handle it. You cannot do this just because you didn’t like the previous officer’s decision, but because you believe that the first USCIS officer made an error in your case. You will be able to submit new evidence through this appeal.

Re-Filing

If you hold some other forms of legal status that allow you to stay in the United States despite having just received the denial, you may have the time to start the process all over again. But this time, make sure that you build a stronger case almost from the beginning.

You could skip the step and simply file a new I-485 with relevant evidence and fees if USCIS did not deny or revoke your I-130 or I-129F.

If the denial was based on something you could not provide enough evidence, this option is beneficial for you. This might be the case if the USCIS officer previously suspected that your marriage wasn’t bona fide. So, this time you and your spouse can provide new evidence proving the marriage life you are building together.

Asking An Immigration Judge to Reconsider Your I-485

If you do not have any other form of status, allowing you to stay, you will likely receive a Notice to Appear. You will appear before an Immigration Judge for removal proceedings to tell the judge that you want to adjust your status as a defense from removal at this hearing. The judge will set a deadline within which you have to submit your documents along with a date for your merits hearing.

At this hearing, you will present your case to the judge, the one you submitted to USCIS for your I-485, but you can also bring any additional evidence that you think will help your case be stronger. Also, you can bring witnesses to testify. After you present all evidence has, the judge will make the decision and may decide to approve your application. If the judge approves it, you will finally get a green card.

No matter what option you end up thinking is the best one for you, we highly recommend you get an experienced immigration attorney who will help build your case and advise you on what steps you should take, having in mind the specifics of your immigration situation. An experienced immigration attorney will best assess where the application failed and what it would take to succeed in moving forward.

Local Ohio Resident Receives Lawful Permanent Residence After Long Wait

Client: Student
Client’s Country of Origin: Venezuela

Chief Paralegal Connie Cook of Herman Legal Group assisted our client with obtaining lawful status. Our client is a citizen of Venezuela and originally came to the US to visit family. Later, our client began her schooling and adjusted to student status. From then, she remained in the US for more than ten consecutive years, and finally, in 2016, her US citizen relative filed an I-130 petition on her behalf in order to commence the adjustment of status process for lawful permanent residence.

Due to our client being over 21 years of age, she was anticipated to bear a long waiting period prior to being issued a visa. The USCIS sets a quota each year for family-based visas—once the quota is met, the USCIS stops issuing visas until the next fiscal year, which creates a backlog of visa applicants. It is not uncommon for applicants over 21 to anticipate waiting years before approval to submit just the green card application. Depending on various factors, the average wait time for immigrants of this category can last from ten to 24 years.

However, with the assistance of Herman Legal Group counsel, our client’s case was successful in the sense that the longer duration of a waiting period was eliminated, and our client was able to file for her visa afterward. Expand??

How to Prepare for the Marriage Green Card Interview (I-130, I-751)

Introduction

Our office often receives calls from people who seek permanent residence in the United States but have messed up the marriage green card interview and have done significant damage to their case.

Those damages can sometimes be irreparable. In many cases, making any severe risk is avoidable with a bit of preparation and understanding of how the interview will go.

In all events, people should take the interview very seriously. Having a lousy interview can mean denial and placement in deportation, or significant delays, due to investigation, including examining your home by USCIS officers.

Even small mistakes during the process can lead to problems and make your case get complicated and expensive.

Although your marriage green card interview may still be months or later in the future, you probably want to learn what to expect when you meet the interviewing offices. Knowing how it will look will help you feel more confident and prepared when that momentous day comes.

This article will equip you with the right information and prepare you and your spouse to handle the interview with United States Immigration Service (USCIS) or the National Visa Center (NVC).

What is the Marriage Green Card Interview?

First of all, you don’t have any reason to get anxious just because USCIS sent you an appointment notice for an I-751 (Petition to Remove the Conditions of Residence) or I-130 (Petition for Alien Relative) interview. Taking the interview is likely the last step in obtaining the marriage-based green card, and almost everyone must go through it during the adjustment of status process.

Your aim is to make the interviewing officer sufficiently convinced that your marriage is not fraudulent and approve you or your spouse for a marriage-based green card right after the interview. So, how to get there?

If you live in the United States, then after USCIS has finished reviewing your marriage-based green card application materials, it will transfer your files to the closest local USCIS field office to where you and your spouse live.

Afterward, the local office has the task to issue an appointment notice informing you that you must both attend an interview at a specific time, date, and location.

When it’s time for the interview, USCIS mails the applicant the interview appointment notice labeled as I-797C Notice of Action, like many other USCIS communications. Mostly, you’ll have a few weeks to prepare and make travel arrangements if you or your spouse live abroad.

For people living abroad, NVC will finish reviewing all of the marriage-based green card application materials. Then it will transfer it to the U.S. consulate in the home country, which will process your green card application.

The consulate will issue an appointment notice informing you or your spouse living abroad that you must attend an interview determining a specific time, date, and location.

Although you mailed your application to a USCIS lockbox location, they will schedule an interview at a local office nearest you. In some areas of the country, this may require a long drive and an overnight stay. If you are a sponsoring spouse, you will not participate in this interview.

This means that if you or your spouse seeking a marriage-based green card live in the United States, the USCIS will schedule the interview, but the NVC will organize the interview if you live abroad. The primary goal is to interviewing officers to determine whether your marriage is true and to assess the authenticity of the marriage— in other words, to make sure that your marriage is not based on fraud.

How Does the Marriage Green Card Interview Look Like?

Before coming to the interview, you need to make sure you collected all of the required documents. You need to bring proof of holding the green card (permanent resident) status, travel records such as a passport or USCIS-issued travel documents, then proof of current marital status and termination of your prior marriages, and similar.

To ensure that your marriage is legit, the interviewing officer, a USCIS officer, or a consular officer trained for such marriage-based green card interviews will ask a set of questions. During this process, he or she will focus on your relationship’s history, daily activities as a married couple, your kids if you have any, your future plans, etc.

A typical citizenship interview lasts about 20 minutes, but the exact time frame varies by applicant. During that time, the interviewing officer asks relatively simple questions and is looking to assess whether the foreign spouse qualifies for a marriage-based green card addressing details surrounding the spouse’s entry to the United States and previous immigration history.

You will be asked a set of questions and expected to answer honestly, directly, and briefly. You might not feel comfortable answering some questions because you cannot recall or don’t know the right answer. It would help if you remembered that it is always better, to be honest, and admit that you cannot think of the required specifics than trying to make something up in these cases.

Putting in front of you simple questions about how and where the two of you met, the spouse’s birthday, who takes care of finance, the name of the spouse’s best friend, and similar, the USCIS officer will thoughtfully value the answers trying to understand your relationship.

Get prepared and learn more about common interview questions. You may also deem the interview an opportunity to present additional evidence to prove your marriage’s authenticity that you haven’t filed along with your application, so be free to bring it with yourself, as well.

Usually, the same USCIS officers will interview you and your spouse. Still, you can expect no matter if your interview was scheduled at the same time, that officers will decide to talk separately with both of you. This way, the interviewing offices want to compare your questions and assess whether there were any discrepancies or if one of you told a lie. You can be interviewed either by different officers or by the same officer, but one at a time.

When spouses are interviewed separately, it is called a “Stokes” interview. Officers from USCIS’ Fraud Detection and National Security unit (FDNS) mostly conduct these interviews.

In this case, they will interview each spouse separately, and then the officer will compare the answers for inconsistencies. If you and your spouse have been questioned, there is still a chance to be called for a Stokes interview a second time if officers suspect your answers’ validity.

You can also expect to be interviewed in Stokes format if there is a large age gap between you and your spouse, if your marriage is very short, or if the USCIS officer chooses to switch to a Stokes interview because new information has come up that they want to explore more.

To avoid any inconvenient feelings during the questioning or proceeding to the Stokes interview that can be demanding, you and your spouse should take preparation steps that will help you prepare your green card interview goes smoothly.

For example, it would be good to sit down with your spouse, or have an extended phone call if one of you is in another country, and refresh your memories.

This means that you should go over the key dates, holidays, and any other significant events in your relationship’s history, so both of you are sure that none of you will miss or interpret any details differently.

Also, make sure that you collected all original documents of the copies you submitted to the government in your green card application package. It includes your passports, birth and marriage certificate, court records, and prior divorce documents if there are any previous marriages, as well as photos and other evidence of the authenticity of your marriage.

Moreover, as we mentioned previously, we strongly advise you to bring with yourself any additional documents that you haven’t submitted before for any reason and if you believe that now those could help you prove the authenticity of your marriage.

Those can be the same items we mentioned: recent photos of you and your spouse, birth certificates of any children you have, joint income, recent joint bank account statements, tax returns, joint property documents, and similar.

Suppose you and your spouse live in different countries. In that case, you may consider including copies of travel itineraries for vacations you took together, particularly to the foreign spouse’s home country, so the officer can see that the two of you have visited each other regularly.

Also, any copies of phone records showing you talk on the phone frequently can be valuable for your case. Before coming to the interview, make sure you organize all of your required documents neatly and correctly and place any photos in a chronological album.

What to Expect After the Marriage Green Card Interview?

As a part of the preparation, you should get informed of possible outcomes so you can act accordingly and avoid any further mistakes in your steps to obtaining the green card.

Upon finishing the interview, there are five possible outcomes that you can expect to happen:

1. Application Approval:

The first situation where you get the application approval is the one you are looking for. The interviewing officer will inform you right after the interview that your case is approved.

It means that you attended the interview well prepared, and the documents you provided were sufficient for issuing the marriage-based green card. The offices will put the stamp in your or your spouse’s passport, and it will be valid for 30 days, within which you will receive the green card.

2. Request for evidence (RFE):

When the officer deems that the documents you submitted are insufficient, he or she will issue an RFE to give you the opportunity to provide more information about your case.

The RFE will most commonly seek more proofs that your marriage is authentic. Evidence that will help you convince the officer can be utility bills, bank statements, or statements from friends and family regarding your relationship, especially people who attended your wedding and can confirm it.

3. Additional review of documentation:

Sometimes, the officer can be uncertain about the documents you provided and the answers you gave during the interview. Due to your case’s complexity, the interviewing officer will state that your case needs further assessment but that you don’t have to submit any additional documentation.

In this case, you only need to wait for a final decision or any additional steps determined by the USCIS officer you will receive via mail.

4. Invitation to the Second interview:

The officer can decide to invite you for a second interview if he or she determines a need for further discussion of your case. This may happen when the interviewing offices want to discuss particular areas of your marriage or your relationship’s background.

If the officer that conducted the interview decides to schedule the second interview, you will receive another interview notice either from USCIS or your consulate in the mail.

5. Denial of your application:

If the USCIS officer establishes ineligibility at the interview, you can receive information that your case is denied on the spot. Several factors may negatively affect your green card application and determine it as ineligible.

For example, suppose you have submitted insufficient documents. In that case, the officer will state in assessing your applications why denial is due to challenges to uncover the background check or your immigration history.

But, do not feel discouraged because, more often than not, the officer will allow you to submit more evidence or clarify such issues before reaching a final decision. If your I-130 application is denied, you can appeal to the Board of Immigration Appeals (BIA).

The second option that you have is re-filing the application with USCIS. On the other side, if you filed an I-751 application, which has been denied, you can re-file with USCIS and possibly ask the immigration judge to review the denial if you have been placed in deportation proceedings.

However, before coming to the marriage green card interview, you need to do the right preparation, endeavoring to take each step in the process thoroughly. The process of getting the U.S. permanent residence can be harsh and stressful.

Still, with proper advice from an experienced immigration attorney, you can easily overcome any of the possible scenarios we talked about. With the notable expertise we gained by helping immigrants in the United States adjust their immigration status, lawyers at our office will provide you with the right guidance.

We will focus on specific circumstances related to your case, allowing you and your spouse to make joint life plans in the United States.