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."
Since you stopped by here, you probably wonder how to live and work in the United States. If that's so, you should consider your employment or family relationship options to lead you to permanent residence as the most considerable immigration base.
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.
Sponsors should review the form with an experienced immigration lawyer – especially because any error can result in a dismissal of the main petition – such as the I-485 petition. Due to the Trump administration’s 2018 policy memorandum, the USCIS officer reviewing your case has full discretion over the review of their cause. They can issue an RFE or NOID. They can also deny your claim – forcing you to either for a motion to reopen/reconsider or to file a brand new application (and filing fee).
The USCIS prefers not to separate families. Chargeability allows a spouse or child of a preference immigrant to “accompany” or “follow to join” the principal beneficiary of an immigration visa – by charging their priority date to the country of the principal beneficiary. If the spouse or children can’t adjust their status independent of their relationship of the principal immigrant, the spouse/child “derives” their status from the principal immigrant.
There are cases that foreigners who want to enter and stay indefinite in the United States try to accomplish it by getting a nonimmigrant status through a tourist visa or under the Visa Waiver Program (VWP). The next step in this pattern is to apply for the Adjustment of the status process. Why does this happen? Tourist visas are easily accessible with the U.S. consulate, and VWP allows citizens of designated states to enter the U.S. based on passport only. However, these visas and entry types are temporary and predicted to be used only for single intent visits, related, for example, to business or tourism. Any inconsistency in foreigner behavior is most likely to be interpreted as visa fraud.
EB3 visas are one of the most popular ones due to their relatively low requirements. EB3 visa can be granted to a person who is a foreign national with a bachelor’s degree, a skilled worker that has a minimum of two years of experience, and an unskilled worker that requires a permanent and not temporary or seasonal job. Work experience is not necessary for the category of an unskilled worker. As you may see, the conditions are far less stringent than with an EB2 visa, and there is no need to have an advanced degree or contribute to the US interests.
Excepting spouses, minor children, or parents of U.S. citizens, most foreigners who seek to obtain lawful permanent residence in the United States are subject to quotas governing the availability of immigrant visa numbers. The Department of State releases each month a Visa Bulletin reflecting how many green cards are available and listing the dates before which a green card process must have been initiated to move forward with the last step of the process.
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 wait for adjusting status to a lawful permanent resident of the United States is a big step that can take long and be sometimes tricky. Because of this, it is not rare for people to feel anxious, trying to find out what happens after filing Form I-485 and how long it will take to receive the green card.
