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:
- Concurrently with the principal applicant’s application (concurrent filing)
- After the principal applicant files a Form I-485 that remains pending
- 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)
- 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 Petition for Alien Relative
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.
There are two major pathways to immigration to the United States via a green card (immigrant visa) that the U.S. Citizenship and Immigration Services (USCIS) offers. Also, other routes exist, but employment and family ties are the most common bases for becoming a permanent resident that USCIS grants.
If you and your spouse or other family member consider those options, you can file USCIS Form I-130 from or outside the United States. Filing I-130 form aims to prove the family relationship between a U.S. citizen or lawful permanent resident and a foreign person, your spouse or relative, to commence green card processing.
Still, when the U.S. Citizenship and Immigration Services (USCIS) approves your family-based I-130 petition, it is solely not enough to get you, your spouse, or relative a green card, but it is an excellent way to start. So, learn how to create the path to become a lawful permanent resident.
If you have any questions after reading this article, call us right away! Herman Legal Group is a law firm specializing in immigration law, knowing the law inside and out and enjoying over 25 years. Our staff speaks over a dozen languages, and it is likely we can find someone to converse with you in your native language, help you prepare filing documentation and file USCIS form I-130, or seek other non-immigrant and immigrant visas and lead you through a green card application process.
Call now for your consultation at +1-216-696-6170 or request one through our online form.
Who is eligible for family-based I-130 Sponsorship?
To be a sponsor to a spouse or other family members who aim to obtain a green card, you have to be either:
- U.S. citizens (having U.S. citizenship by birth or by naturalization); or
- Lawful permanent resident.
The main difference between persons who holds one of these statuses is the range of relatives they can sponsor. If you are a U.S citizen, the range of persons you can sponsor is broader, and also, the processing time to wait for a green card is shorter than for the one who is a 1-130 green cardholder.
I-130 Beneficiary: U.S Citizen and LPR
The beneficiaries of an approved USCIS Form I-130 Petition for Alien Relative filed by a U.S. citizen or a green card holder can be a spouse and unmarried children (under the age of 21).
Unlike I-130 green card holders, U.S. citizens must file an I-130 form to sponsor:
- Parents;
- Siblings;
- Married children.
Make sure to provide a birth certificate to each category when filing I-130.
Usually, a spouse of U.S. citizens can become a permanent resident in about a year. For example, siblings may have to wait decades after the approval of Form I-130 before they can immigrate to the United States.
Who Cannot Submit I-130 Form?
Even when a U.S. citizen or lawful permanent resident is eligible to file an I-130 petition, there are certain cases when USCIS banned the option.
A U.S. citizen or a lawful permanent resident cannot file an I-130 to sponsor the following relatives:
- Grandparents, grandchildren, nephews, nieces, uncles, aunts, cousins, or parents-in-law
- Adoptive parents or children adopted after they turned 16 years old.
- Biological parents, if you obtained a green card or a U.S. citizenship through adoption.
- Stepparents or stepchildren, if a child already turned 18 years when the marriage that created the step relationship happened.
- Spouses, if you were not physically present at the marriage ceremony.
- Spouses, if you obtained a green card through a prior marriage to a U.S. citizen or a green card holder — except if you became a naturalized U.S. citizen or have been a green card holder for at least five years.
- A spouse, if a marriage happened while they were a part of any immigration court proceedings.
- That U.S. Citizenship and Immigration Services USCIS determined that marriage happened purely for immigration purposes.
If you think the U.S. Citizenship and Immigration Services USCIS may deny your I-130 petition, we highly advise you to get an attorney’s help to fill the form. If you believe that you are at risk of being denied after filing form I-130, you might consider contacting Herman Legal Group.
If you live outside the United States, or you prefer online consultations, we offer a 1-hour Skype or Zoom consultation on the strategy to go over the facts of your case and vet the case to identify potential issues and mitigation strategies.
How to File an I-130 form and get a green card?
Firstly, you need to properly fulfill all the questions in the USCIS I-130 form, which are divided into five parts, collect supporting documents. Afterward, you must file documents at the proper lockbox facility. Throughout the form, you will notice that the immigrant is referred to as “your relative” or the “beneficiary.”
Part 1. – Seeks information about a relationship where you need to select the offered type of relative that you want to petition: spouse, parent, brother/sister, or a child. Notice that U.S. citizens may sponsor any of these, but a lawful permanent resident may only petition a spouse or unmarried child.
If you file form I-130 for a child or parent, select an option for the type of relationship (biological, stepchild/stepparent, or adoptive). There will be some additional questions about adoptive relationships, but these are generally easy to answer.
Part 2. – Asks for Information about the petitioner regarding the address and marital information.
Part 3. – Requires biographic information. Here, you will need to select provided options under “race” and “ethnicity” for immigrants.
Part 4. -Asks you about information of beneficiary (the intending relative-immigrant): There are sections regarding Marital Information (note that marital details about both you and your spouse are vital, so be ready to provide extra information about it), Information About Beneficiary’s Family, Beneficiary’s Entry Information, Unauthorized Stay, Unlawful Entry.
Part 5. – Requires you to provide Other Information: whether you ever filed a petition for this beneficiary or any other immigrant relative.
After completing the I-130 form, you must file it at the proper USCIS lockbox facility.
The filing USCIS lockbox facility for your Form I-130, Petition for Alien Relative, will depend on whether you live outside the United States and whether you are filing Form I-485, Application to Register Permanent Residence, or Application for Adjustment of Status, at the same time (also called as “concurrent filing”).
For example, if you live outside the United States, you may file your I-130 at the Dallas lockbox facility.
According to the U.S. State Department website, the USCIS office in the United Kingdom and Ghana will continue to process Forms I-130 until March 31, 2020, for U.S. citizens residing in these countries.
You may request an electronic notification when by filing the form G-
On the USCIS website, you can find the table that exactly explains which lockbox facility you should file Form I-130.
According to the Fee Calculator that you may find on the USCIS website, the filing fee for Form I-130 is $535.00, and you can pay this via check or credit card.
What are Supporting Documents to Include With I-130 Form?
Supporting documents you need to submit along with I-130 visa petitions serve to prove that the sponsor is allowed to file an I-130 form for their immediate relative in the first place and that you have a valid family relationship with the immigrant seeking a green card. When submitting USCIS form I-130, make sure that you collected the required documents from you and your relative that you must file, and that will prove the following:
- The sponsor is a U.S. citizen or a green card holder (birth certificate or other document issued by the U.S. government agency)
- A legally valid relationship exists (marriage certificate, or birth certificate for another relative)
- The relationship is not fraudulent
- If there are any name changes for the sponsor and/or the person seeking a green card
- The beneficiary’s nationality (birth certificate)
How long does it take for I-130 Petitions to be approved?
Although the necessary steps are fairly consistent, the processing times of I-130 depends on other circumstances, such as the type of relationship, USCIS caseload, and your ability to file an accurately prepared I-130 petition.
USCIS’s time to process the Form I-130 Petition can be slow and depend on the office you send your petition. In 2020, it took USCIS from seven to 22 months on average to process the immigrant visa packet. Afterward, you have to wait for a specific time before you can come to the United States. That depends on whether you are married to a U.S. citizen or a lawful permanent resident (“LPR”), or a green-card holder.
- If you are married to a U.S. citizen, the time you have to wait is about two months before your case goes to the U.S. government agency: U.S. Department of State- National Visa Center (NVC). Then, there are several months of waiting before the National Visa Center process it, and the U.S. embassy is ready to schedule your interview, so the total average of waiting can go up to 24 months.
- If you are married to a lawful permanent resident, you will be subject to the quota system.
To follow up with the current processing times for non-immigrant and immigrant visas, you can visit the USCIS website and check trends in all five field USCIS offices or service centers: Nebraska, California, Potomac, Texas, and Vermont.
What happens after I file form I-130?
There are several steps to undertake after you file form I-130.
Step 1: Getting Petitioner receipt notice- Notice of Action 2 (NOA2) stating that your petition has been approved. USCIS takes several months to send you a receipt notice called the Notice of Action 2 after submitting your I-130 petition. This receipt notice usually arrives 2 to 3 weeks after filing.
Step 2: USCIS sends your Approved I-130 Petition to the National Visa Center (NVC) for pre-processing and collecting fees, forms, and documents from the petitioner and beneficiary.
Step 3: You will receive a visa number and welcome letter from NVC containing instructions on the following steps. It would be best to ensure that NVC has the correct mailing address (yours or your spouse’s). The final adjustment of status can be made only after this number becomes available for you. If NVC miss to contact you regarding the number of your visa, you can also use the U.S. Department of State Visa Bulletin to check whether a visa is available for your petition.
Step 4: Pay the Immigrant Visa fee for processing your visa petitions during the interview stage. This fee applicants will pay separately and the affidavit of support fee (AOS) for processing your testimony of support form and supporting evidence.
Step 5: Complete U.S. Department of State Form DS-260 before scheduling your interview with the embassy or consulate. This is a long online form to file for an immigrant visa found on the U.S. Department of State site and other DS forms. It requires answers to many questions related to personal and family information, previous travel to the United States, work and education, etc. U.S. Department of State forms, as well as other Non-USCIS Forms you can find here.
Step 6: Complete Form I-864 required for the U.S. petitioner to support the beneficiary to avoid them using public assistance financially.
Step 7: Attend Visa Interview At U.S. Consulate or U.S. Embassy scheduled by NVC or the consulate after completing form DS-260 and the I-864. You may find a list of U.S. Embassies and Consulates on the U.S. Department of State official website at travel.state.gov.
Step 8: Receive Stamp In Your Passport after an interview. Authorities will notify right at the spot or by sending a letter shortly. They will also tell you if you can receive the passport via mail or pick it up later.
While we attempt to provide relevant and up-to-date information on our website, you should bear in mind that information on the site is not legal advice but informative articles where you can learn about different USCIS forms and the green card process. Reading our blog prepared by our immigration expert team can provide you a good insight into how the green card process looks like, and we aim to keep it up to date, but we encourage you to check it from time to time on the USCIS website. information
Related Questions about Form I-130:
What can form I-485 (Application to Adjust Status) help you do?
By filing a Form I-485, you can become a lawful permanent resident (get the green card or immigrant visa) through:
- A job offer
- Asylee status
- Refugee Status
Also, a Preference Relative and Immediate Relative can become Lawful Permanent Residents by filing form I-485.
Do You Need to File Separate Forms I-130?
If you file a USCIS I-130 form for your child when you are petitioning for the other parent as well, you must file a separate I-130 Form for each relative if you are a U.S. citizen, while you can file a single I-130 petition if you are a lawful permanent resident.
What does it mean by “fraudulent marriage,” and how to prove it isn’t?
USCIS officers can conclude based on proves that you provided that your marriage was undertaken only to gain a Green Card. So, make sure to gather proper documentation and evidence of your joint life: tax returns, cohabitation, photos with family and friends, children, journeys, etc.
Can I-130 be revoked?
Yes, your I-130 petition can be revoked in the following cases:
- The petitioner withdraws the I-130
- The petitioner or immigrant dies
- A marriage is terminated (upon which the I-130 is based)
- An unmarried child of a lawful permanent resident marries, or
- The petitioner who is a lawful permanent resident loses the status (except if being naturalized).
Is An Immigration Lawyer Worth The Cost?
While you can file your application on your own, if you decide to hire an immigration attorney, it means that additional legal fees will be added to your immigration case. However, you will not have help while preparing all the documents, evidence, or get advice on communicating with USCIS, the U.S Department of State, and other government agencies. And making a mistake can cost you a lot.
So if you want to be sure that your case will be well prepared and get higher chances to have a positive outcome, we highly advise you to hire an immigration attorney who will be with you in each phase throughout the process. Hiring an immigration expert can prevent visa denials and even removal from the United States.
We at Herman Legal Group aim to get to know each client and are available to answer any of your questions at the beginning, middle, and end of the process. A little more investment into expert counsel often goes a long way in making for a smoother ride. So, be free to call us for a consultation at +1-216-696-6170 or use our online form to request one.
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:
- Submitting Form I-130 (Petition for Alien Relative);
- Completing Form I-485 or Form DS-260 and gathering supporting documents
- 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.
- 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.
- 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.
- 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.
- 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:
- You can receive an RFE.
- USCIS can conduct an additional application review.
- 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.
The Affidavit of support form can be viewed at https://www.uscis.gov/i-864
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).
Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant
You don’t need to file the affidavit of support when you file Form I-129 F if your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of a fiancé(e) or spouse, According to the USCIS, you will need to submit the affidavit – when “your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.”
Sponsor for Affidavit of Support
If you filed an immigrant visa petition for your relative, you must be the sponsor. Some exceptions may apply.
How do you file an affidavit of support?
You should review the affidavit of support with an experienced immigration lawyer. Any defect could result in a denial of your application or petition.
The sponsor needs to complete Form I-864:
- “When your relative has been scheduled for an immigrant visa interview with a consular officer overseas or
- When your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. “
Joint sponsors must also complete Form I-864.
“If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864 A, Contract Between Sponsor and Household Member.”
Sponsors must provide:
- Their US federal income tax return for the most recent tax year
- Proof of current employment.
- An explanation – if they weren’t required to file a federal tax return for any of the years in question.
If this information isn’t supplied, the immigrant’s application will be delayed or denied.
“When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status.
If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.”
Income Requirements
Sponsors must meet specific income requirements that show the household income is equal to or more than 125% of the U.S. poverty level for your household size. The income level is just 100% if the sponsor is on active duty in the Armed Forces of the United States, and the immigrant you are sponsoring is your spouse or child.”
There are additional considerations that may help satisfy the income requirements if you can’t meet the income level test – such as consideration of your assets.
Contact an experienced immigration lawyer to help ensure that you are filling out the I-864 Affidavit of Support correctly.
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 with the principal immigrant, the spouse/child “derives” their status from the principal immigrant.
The terms “accompany” and “follow to join” are different. The Department of State “generally considers the derivative spouse or child to be “accompanying” the principal when issued an immigrant visa or adjusting status within six months of the date DOS issues a visa to the principal or the date the principal adjusts status in the United States.”
“ In contrast, there is no specific time period during which a derivative must follow to join the principal.”
Who Qualifies as a Derivative Spouse?
The derivative spouse can use the priority date of the principal immigrant if all of the following apply:
- “The marriage between the principal and the derivative spouse existed at the time the principal either adjusted status or was admitted to the United States as a lawful permanent resident (LPR).”
- “The marriage continues to exist at the time of the derivative’s adjustment of status.”
- “The principal remains in LPR status at the time the derivative adjusts status.”
Who Qualifies as a Derivative Child?
The derivative child can use the priority date of the principal immigrant if all of the following apply:
- “The derivative child was acquired prior to the time the principal either adjusted status or was admitted to the United States as an LPR”
- “The child continues to qualify as a child under the statutory definition (unmarried and under 21 years old) or otherwise under the provisions of the CSPA, if applicable”
- “The principal remains in LPR status at the time the derivative adjusts status.”
If a principal’s natural born child is born after the LPR admission date or adjustment – the child may accompany or follow to join the principal as a derivative – if born of a marriage that existed at the time of the principal’s admission or adjustment to LPR status.
In this scenario, the child “is considered to have been acquired prior to the principal’s obtaining LPR status and is entitled to the principal’s priority date.”
“An adopted child who was not able to accompany the principal because the two-year legal custody and joint residence requirements had not yet been met when the principal immigrated may become eligible to follow to join the principal.
This may apply in cases where the child still qualifies as a “child” once the legal custody and joint residence requirements are met. Residing with either adoptive parent will meet the joint residence requirement with respect to each adoptive parent.”
Derivative Spouse and Child
USCIS can’t approve the Form I-485 for a derivative applicant until the principal applicant has been granted lawful permanent resident status – except for “U nonimmigrants, asylee derivatives, and refugee derivatives adjusting status.”
A few other ways some additional family members may qualify as derivative applicants (which means they can adjust their stats) include:
- “Adjustment applicants in T or U nonimmigrant status”
- “Applicants under Section 13 of the Act of September 11, 1957 (Public Law 85-316)”
- “Those applying as dependents under HRIFA”
For help understanding, if a relative qualifies for derivative status, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us.
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.
Examples of inconsistent acts from Volume 9 of The Foreign Affairs Manual:
- non-authorized work
- involving in studying without an adequate student visa
- marriage with a U.S. citizen or a green card holder concluded while foreigner had the B visa nonimmigrant status
- taking the steps forward to the process of Adjustment of status by filing the Form I-485
Temporary Visas
Temporary visas are granted for a specified purpose, so if the inconsistent acts get conducted, U.S. Citizenship and Immigration Services (USCIS) has to determine did the visa holder intends to leave or not. That is why USCIS has developed a guide to follow while reviewing the Adjustment of status application.
The analysis of the applicant’s intent lies on the 90-day rule, which has replaced the old one, 30/60-day rule, and has expanded the scope of the individuals affected by it. According to this rule, if the temporary visa holder gets married or files the application for getting a green card within 90 days after entering the United States, it will create the presumption that they have misrepresented the original intent.
It can further lead not only to denying of the green card application but also to the revocation of the temporary visa. The 90 days are counted from the last entry date, and if there are multiple visas, it refers to the most recent one.
Although it is not recommended to use a tourist visa to enter and get married in the United States, some exceptions and waivers are available if the applicant can prove to the USCIS officer that the original intent was sincere.
Additionally, it needs to provide evidence that changed circumstances have affected the genuine intentions of the applicant. The final decision is made based on submitted evidence of original intention to leave too.
Besides aliens permissible activities under B2 visa, there are visitors under special circumstances where this visa category can also be used, which is stated in the 9 FAM 402.2-4(B):
- The fiancé(e) of the U.S. Citizens or permanent resident aliens who fall under the K visa category but intends to get back to the residence in a foreign country after the wedding
- Fiancé(e) of nonimmigrant alien in the United States who will apply to change the status by consular processing
- Proxy marriage spouse
- Foreign spouse or child of the U.S. Citizen or resident alien
- Cohabiting partners and other family or household members who are not eligible for derivative status
In conclusion, it is necessary to avoid violating the nonimmigrant status, even if it means that an immigrant has to start the slower and more complicated K-1 or CR-1 embassy visa process to get married and to be able to apply for the green card.
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 unskilled workers. 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.
To get this visa, you must find an employer that will sponsor your visa and acquire a PERM Labor Certification, proving that it was impossible to hire qualified US workers. Following this, the employer has to file an I-140 Immigrant Petition for Alien Worker on your behalf. Once your priority date is current, you can apply for an I-485 adjustment status form.
You can use the i-485 form to apply for a lawful permanent resident status, informally known as having a green card. The I-485 form has remained unchanged for many years, but USCIS introduced new changes to make it easier to use.
In the form, you will choose your immigrant status, which will help you gather the needed documents and differ from category to category. There is no need to file a separate Form G-325A anymore as the form I 485 has been updated with some previously included elements in G-325A.
It is mandatory to be physically present in the US. You cannot apply from your home country to file this application.
I 485 form differentiates between a principal and derivative applicant. The principal applicant is considered a beneficiary of an immigrant petition or otherwise qualified to adjust status. In contrast, the derivative applicants maybe a spouse and children (under 21 years). Their right to adjustment is based on the principal’s applicant status.
After you filed your I-485 form and it is pending within 180 days, you can apply for a job offered in the i-140 form.
However, the new job offer has to be full-time, permanent, and in the same or similar occupational classification as the job offered in Form I-140 that is the basis of your Form I-485. To request the job change, you can send a request to USCIS and a letter from the new employer. The letter will serve as proof and provide more information and documentation needed in this case.
The documents needed to adjust your status are:
There is a list of documents that you have to submit so you can successfully file your application.
1. The i-485 application form for the adjustment of status
2. I-765 form for Employment authorization
3. Form I-131 for advance parole (used to return to the US),
4. A medical report provided by your doctor
5. The form I-944 public charge rule (proving that you will not be using any government financial support and can bear expenses autonomously).
Besides, you need to submit a copy of your -140. As in any visa application process, you can request premium processing by paying an additional fee, speeding up the process, and saving your valuable time. The other two forms needed are I-864, which shows what family members will be financially supported by you, and a supplement J, which is a confirmation of a job offer if you changed job after filing i485.
Besides the forms needed for this application process, it is mandatory to submit personal documents such as a birth certificate that has to be issued by a relevant authority, translated into English, and notarized. If your birth certificate cannot be issued in exceptional cases, you can submit a church certificate, school, medical records, proof of unavailability, or non-existence.
However, these cases are quite specific, and you will have to explain why you cannot provide the required certificate. Together with your birth certificate, you have to file the most recent valid passport copies. Blank pages should also be included. In case your old passport has a US visa stamp or used it to enter the US, you have to provide that copy.
Furthermore, you have to submit all prior i-94 copies, i-797 approvals, I-20, and EAD card. Prepare your most recent driver’s license if you have it, six photographs compliant with passport standards, health insurance, and IRS Tax transcripts.
For your family members, you are required to submit all previously mentioned personal documents and a marriage certificate, child relationship proof, which can be a childbirth certificate or a child passport if any of these documents contain parents’ names in them. Some of the documents are not mandatory but are recommended in most cases, such as a credit report or bank statements, FBI and State Police clearance reports.
After you prepare all the documents and evidence, complete, sign the form, and pay the filing fee, you can submit your i-485 form to the USCIS. Once your application is received, USCIS will issue a receipt notice, Biometric services notice, if applicable, and notice to appear for an interview if required.
The processing of this application usually takes six months.
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.
Each of the categories, family-based or employment-based, is assigned one of these “priority dates.” These priority dates can move forward or advance or backward- retrogressing every month, depending on the level of demand in a particular category.
When the visa numbers are available to a specific category immediately, that category will be listed as “current” in the Visa Bulletin.
When your employer or a family member files an immigrant visa petition on your behalf, you will be placed on a waiting list to get an immigrant visa.
Your priority date determines where you stand on this waiting list.
Two types of the priority date will assess your position on the waiting list depending on who submitter your immigration petition:
1. The date when a family member submitted an immigration petition with U.S. Citizenship and Immigration Services;
2. The date when your employer applied “PERM”- labor certification with the U.S. Department of Labor.
If you are inside of the United States when your priority date becomes current, you may be able to seek an adjustment of status to a lawful permanent resident. To seek it, an immigrant visa must be available to you both when filing the Form I-485 and at the time of adjudication.
Nevertheless, what happens to your application when immigrant visa numbers regress after you properly file Form I-485?
U.S. Citizenship and Immigration Services has released guidance to local field offices on how to adjudicate the case of the employment-based and family-based adjustment of status where regression of immigrant visa numbers took place while the application was being considered.
So, with this guide, USCIS instructed local field offices and officers who handle such cases to undertake seven steps as follows:
1. To conduct the adjustment of the status interview;
2. To confirm completion of security and background checks;
3. To make sure all the eligibility and documentary requirements are met;
4. To resolve any issues related to the application either during the adjustment of the status interview or by the issuance of a Request for Evidence (RFE);
5. To deny the adjustment of status application, if warranted under applicable law;
6. To determine whether a visa number is available where the applicant appears eligible for adjustment of status to a lawful permanent resident;
7. To return the file to the National Benefits Center if the immigrant visa is family-based or the Texas Service Center if the visa is employment-based if no visa number is available.
When immigrant visa availability regresses after you adequately filed Form I-485, you can remain in the United States if USCIS believes you are eligible for status adjustment, which will allow you to stay until a visa number becomes available to you.
In recent years, USCIS has slowed down the processing of green card (I-485) applications, causing a substantial backlog of employment-based cases. The number of people waiting for EB-3 visas did not significantly increase; instead, the number of visas issued recently increased and resulted in a shortfall for certain countries.
If you haven’t heard from USCIS within 30 days of your visa availability or you would like to get information about your case’s status, you should contact the USCIS Contact Center at 800-375-5283.
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.
Form I-485 is the application form to register permanent residence or change status. An individual or non-US citizen files this to obtain permanent resident status in the United States. Form I-485 is for non-US citizens who are in the United States and who are eligible to apply for the green card based on sponsorship by a family member, employer, or based on their refugee status/asylum.
Form I-485 is the application needed to be filed by anyone who wants to register existing permanent residence or adjust their current status. It can take eight to fourteen months, depending on the reason stated and how well you follow the steps.
What is Form I-485 (Adjustment of Status)?
Filing for I-485 or Adjustment of Status is complex and must be followed according to USCIS guidelines. This process is the final step to obtaining a green card. Once this step is completed, the individual becomes a lawful permanent resident.
A person has two options for applying for immigration status. If the applicant resides in the United States, he/she can apply using Form I-485, and if he/she is outside the United States, he/she can apply to the United States consular office in the country of origin.
Who Can File Form I-485?
An applicant (relative or husband or wife getting their green card) can file an I-485 based on seven broad categories: family, employment, special immigrant, asylum or refugee, a victim of human trafficking, or victim of a crime, special programs, and additional options.
Who Cannot File Form I-485?
First, parents or spouses who are not physically present in the United States cannot file the I-485. Second, even when physically present in the United States, certain eligibility exclusions prevent an I-485 petition from being filed.
You generally cannot file an I-485 if:
- You entered the United States as a team member;
- You entered the United States for transit (i.e., en route to another country);
- You have been admitted to the United States as a witness or informant;
- Where you are “deportable” because you were involved in terrorist activity or involved in a terrorist group.
In addition to the eligibility exclusions above, “inadmissible” grounds may prevent you from filing an I-485. This means you are disqualified from receiving a green card based on certain factors unique to you. These disqualifying categories include:
- Health-related reasons
- Criminal motives
- Security reasons
- Violations of immigration law or procedure
- Public paid land
Depending on the family relationship or green card category, “waivers” may be available to address some of the above disqualification grounds.
The Documents that USCIS Requires
USCIS recommends that the applicant review this checklist before completing and submitting Form I-485. The following documents are examples of items that USCIS recommends applicants include when submitting Form I-485:
- Two recent color passport-style photos of yourself.
- A government-issued photo ID to confirm your identity, such as a passport, driver’s license, or military ID.
- Birth certificate or, if there is none, other documents confirming your date and place of birth or written statements from parents.
- Copies of documents proving that you have been legally admitted to the United States, such as a stamped passport page or an I-94 arrival-departure record.
- Documents showing that you qualify for the immigrant class you are using to file your petition, such as your immigrant petition that you filed along with your Form I-485 or your Notice of Approval for a Filed Petition previously.
Form I-485 Processing Time
You can expect the total processing time for the I-485 to be at least 8-14 months. It may take four to six weeks for USCIS to accept your request and send you an acknowledgment of receipt. You will then receive a notice of your biometric appointment, which you must attend.
Family-Based Form I-485 Processing Time
Form I-485 processing time for family petitions is between 12 and 22 months. Form I-485 processing times vary depending on your adjustment category and the USCIS field office processing the request.
Employment-Based Form I-485 Processing Time
It can take about six months to approve a foreign worker’s application. However, if the application requires PERM labor certification, it may take up to 2 years to receive certification. The good news is that you can speed up the process with fee processing and reduce the processing time to 15 calendar days.
Asylum-Based Form I-485 Processing Time
Processing time was from 3 to 7 months, then 7-23 months, then 15-46 months. Now it’s 25-52 months and more.
Refugee-Based Form I-485 Processing Times
The only additional documentation that must be submitted with Form I-485 is a document that proves you have been granted asylums, such as a USCIS Notice of Approval or an order from an immigration judge. It takes about 14-22 months to process Form I-485.
You must submit documentation that proves you have been granted refugee status, such as Form I-94 or Form I-571, Refugee Travel Document.
The Steps to Follow Next After Filing Form I-485
After submitting Form I-485 and all other required forms, there are still a few steps to take to become a permanent resident of the United States. This guide will help you understand each of these steps.
Your Application is Received
Once USCIS receives your request, it must send you a receipt within 30 days. If you attach Form G-1145 Electronic Notice of Acceptance of Claim/Petition to your Form I-485, you will also receive a confirmation email or text within 24 hours of acceptance of your claim.
Both the physical and electronic receipts will have a receipt number. You can use this number to check the status of your file and see where your file is in the application process.
Your Biometrics Appointment is Scheduled
Once your I-485 is filed, you will receive a notification by mail of your Biometrics Services appointment at your local Application Support Center (ASC). The notice will include the date, time, and place of your appointment. During this appointment, you will provide your fingerprints, photo, and/or signature, which will be used to verify your identity and conduct a background check.
You Attend Your Biometrics Appointment
A biometric appointment, also known as a biometric screening, is usually a short appointment so that USCIS can collect your fingerprints, photo, and signature. Your appointment notice will tell you what to bring to your appointment. USCIS can accept identification documents such as:
- Passport photograph issued by your country
- Driver’s license
- A military identity document with a photo
- A state-issued identity card with a photo
You Receive Your EAD Card
If you also filed Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, as part of your adjustment of status case, you will receive an Employment Authorization Document (EAD). Many people call this a work permit. If you have applied for both, the EAD and Early Parole travel documents are usually combined into one card.
You Receive Your Notice of Interview
Next, in the I-485 timeline, you and the applicant will likely receive a summons to attend an adjustment of status interview. However, your interview may be canceled, or USCIS may not require your petitioner to be present. Interviews are not to be feared; they are part of the normal process. The nature of your case will affect the interview decision, but submitting a well-prepared case with all necessary documentation increases your chances.
You Attend Your Adjustment of Status Interview
If you plan to attend an adjustment of status interview, it’s a good idea to prepare. Start by going through your Form I-485 and related forms. Make sure you know the answers well. If something is outdated, bring the updated information to the interview.
You Receive Permanent Residence
After the interview, USCIS will send you a written notice of its decision. If approved, you will receive your green card shortly thereafter. If your application is rejected, the decision mail will explain why. It also tells you whether you can appeal the decision. You can still request a review even if it says the decision cannot be appealed. To file an appeal or motion, you must use Form I-290B, Notice of Appeal or Motion.
Form I-485 Processing Time Summary
After you submit Form I-485, Application for Adjustment of Status, and related forms, your I-485 may take 8-14 months to process. An important factor will be the basis of your adjustment of status (e.g., family, employment, asylum, etc.). This is an approximation. It may be shorter or longer, depending on each individual.
Form I-485 Processing Time FAQ
1# How soon after filing your I-485 did you receive your green card?
You can expect Form I-485 handing out time to be at least 8-14 months. It may take four to six weeks for USCIS to accept your request and send you an acknowledgment of receipt.
2# How long does it take for NBC to process I-485?
In cases where a visa has been revoked, applicants must submit a written transfer request to move their I-485 from one category to another. EB cases referred to NBC will be forwarded to field offices for a final decision, which may include an interview
3# How long does it take for I-485 to be approved?
Form I-485 processing time for family petitions is between 12 and 22 months. Form I-485 processing times vary depending on your adjustment category and the USCIS field office processing the request.
4# How long does it take for biometrics after getting an I-485 approved?
You can expect Form I-485 processing time to be at least 8-14 months. You will then receive a biometric appointment notification that you must attend.
5# What happens after notice of acceptance from USCIS?
Official notice of receipt from USCIS will be issued and mailed within 1-3 weeks, depending on the case. The service desk will then review the request with possible outcomes: approval, request for evidence (RFE), or, in rare cases, denial.
6# What is contained in the USCIS for the I-140 notice sent?
It is possible to receive a Notice of Intent to Withdraw (NOIR), which usually expresses an intention to withdraw approval based on something newly discovered (perhaps the petitioner’s claim was false, or circumstances changed before approval, and USCIS was unaware).
7# Do I need to file Supplement A to Form I-485 with Form I-485?
You must use Appendix A to adjust your status under Section 245 of the INA. You cannot adjust the status based solely on the submission of Schedule A. You must also file Form I-485 and be eligible for a visa under the family immigrant, employment, special immigrant, or diversity visa category.
8# What is the time frame for a USCIS to send a work permit?
United States Citizenship and Immigration Services (USCIS) generally takes approximately 150-210 days (5-7 months) to process Form I-765. Previously, USCIS processed work permit applications within 90 days, but the growing backlog has led to further delays.
9# Can I file I-130 and I-485 together?
If you and your relative are filing Form I-130 and Form I-485 together, you can still file Form I-130 online, but you must physically mail Form I-485 to the appropriate USCIS service center.
10# How long does it take for my status adjustment to be approved?
Obtaining a green card through AOS can be a slow process, and the exact time for adjustment of status will depend on your situation. Spousal green card AOS processing time currently takes 12-22 months for the spouse of a US citizen and 12-22 months for the spouse of a US green card holder.
Let Herman Legal Group Be Your Assistant Throughout the Complex Legal Procedure of the I-485
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