Form I-485
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-485 is integral to transitioning from temporary to permanent resident status in the United States. In this article, we'll outline everything you need to know about it, from eligibility requirements to filling out and submitting it and what happens after it has been approved.
Article Contents:
What Is Form I-485?
Form I-485, Application to Register Permanent Residence or Adjust Status, is used by immigrants already present in the U.S and eligible to apply for a Green Card (permanent residence) based on their current immigration status. This form allows individuals already present in the U.S. to make applications without returning home for visa processing.
What is the purpose of Form I485?
Filling out Form I-485 is crucial to obtaining a marriage-based green card. This form mainly serves as an application the foreign spouse fills out to petition for U.S. permanent residency. The foreign spouse referred to as the "applicant," must submit Form I-485 to prove their eligibility for a green card through marriage.
Who needs to file I 485?
Typically, Form I-485 is filed after submitting Form I-130, the "Petition for Alien Relative," which establishes the marriage relationship between the U.S. citizen or permanent resident and the foreign spouse. However, if the foreign spouse is already living in the United States, both the I-130 and I-485 can often be filed together in a process known as "concurrent filing." This concurrent submission can help expedite the family-based green card application process, offering a faster path to U.S. permanent residency.
By correctly completing and filing Form I-485, the foreign spouse takes a significant step toward obtaining a marriage green card and achieving lawful permanent residency in the U.S.
Form I-485 Eligibility
Who Can File Form I-485?
Form I-485 can be filed by individuals in several categories:
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Family-based applicants
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Employment-based applicants
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Special Immigrants
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Asylum or refugee status holders
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Victims of human trafficking or certain crimes
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Special programs participants
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Additional options are listed on the form
Marriage-Based Green Card Applicants
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Eligible if physically present in the U.S.
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Must have entered on a valid visa
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Immigrant visas must be "immediately available."
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Spouses of U.S. citizens can file I-130 and I-485 concurrently
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Spouses of green card holders must have an approved I-130 before filing I-485
Who Cannot File Form I-485?
You are ineligible to file Form I-485 if you:
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Are not physically present in the United States
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Entered the U.S. as a crewman
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Entered for transit purposes
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Were admitted as a witness or informant
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Are considered deportable due to terrorist activities or associations
Grounds for Ineligibility
Several "inadmissibility" grounds may prevent successful filing:
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Health-related grounds
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Criminal grounds
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Security grounds
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Immigration law violations
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Public charge grounds
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Other grounds (e.g., polygamy, child abduction, unlawful voting)
Note: Waivers may be available for some ineligibility grounds, depending on your situation and green card category.
If you have concerns about your eligibility, consult with an immigration attorney. Melendezlegal has access to independent immigration attorneys who can provide personalized guidance.
How to Fill Out Form I-485?
Filling out Form I485 can be a detailed and meticulous process.
To successfully file your Form I-485, make sure to include the following supporting documents:
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Proof of Valid Entry
Provide evidence that your spouse entered the United States on a valid visa. This can be demonstrated with a copy of the visa and the I-94 travel record, which you can access through the USCIS website.
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Nationality Verification
Submit proof of the foreign spouse's nationality, including a copy of their birth certificate and foreign passport. This is vital to establish their identity and citizenship.
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Financial Support Evidence
The sponsoring spouse must prove their ability to financially support the applicant. Include copies of the latest federal income tax returns and pay stubs. For further details, refer to our comprehensive guide on the Affidavit of Support.
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Criminal History Documentation
If the spouse seeking a green card has a history of arrest, include documentation showing that there were no convictions. A certified copy of the court record is required in this case.
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Medical Examination Report
A medical examination conducted by a USCIS-approved physician is mandatory for the spouse applying for the green card. Use the USCIS doctor finder tool to locate a certified professional in your area.
TIP: Sign and Date: Don’t forget to sign and date the form, as an unsigned form will be rejected.
Note: For detailed step-by-step instructions on "how to fill out Form I-485 step by step ," visit the USCIS website or click here.
Form I-485 fee 2024
Current USCIS Fees for Form I-485:
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Standard fee: $1,440
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Applicants under 14: $950
Key Points:
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Fees subject to change - verify before filing
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Check official USCIS website for latest costs
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Consult immigration attorney for guidance
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Consider additional expenses (e.g., biometrics)
Pro Tip: Always confirm current Form I-485 fees on USCIS.gov before submitting your green card application.
How Long Does It Take For I 485 To Be Approved?
The processing time for Form I 485 can vary depending on factors such as the applicant's category, service center processing the application, and the applicant's country of origin.
Form I-485 Processing Times 2024
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Family-based applications: Currently 10–23 months
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Employment-based: Currently 14-20 months
Factors Affecting I-485 to Green Card Timeline
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Eligibility for status adjustment
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Family relationship (for family-based applications)
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USCIS Service Center processing your application
Pro Tip: You can check your case's status and the USCIS processing times for I-485 on the USCIS website or go to the USCIS Processing Times page.
I-130 vs I-485 Approval Process
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Typically, Form I-130 is approved before Form I-485
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Concurrent filing may result in simultaneous processing
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I-130 approval generally required for I-485 approval
Form I-485 Expedite Request
Unfortunately, USCIS does not offer premium processing for Form I-485 (Application to Register Permanent Residence or Adjust Status). Here's what applicants should understand:
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Unlike some employment-based petitions, Form I-485 cannot be expedited through premium processing.
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All I-485 applications follow regular USCIS processing timelines.
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There's no way to pay extra for faster processing of your green card application.
Key Takeaways
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Processing times vary widely (months to years)
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Regular checks on USCIS processing times recommended
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Concurrent filing may speed up family-based applications
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Expedited processing available in certain circumstances
Tip: Stay informed about your Form I-485 status and processing times to better navigate your journey to obtaining a green card.
What is Initial Evidence for Your Form I-485?
When submitting Form I-485, you must provide supporting documents, also known as "initial evidence." These may include:
Initial Evidence Checklist for Form I-485
1. Proof of identity and status
2. Evidence of current status
3. Two passport-size photographs
4. Birth certificate
5. Marriage certificate (if applicable)
6. Affidavit of Support (Form I-864)
7. Medical Examination (Form I-693)
8. Employment Authorization Document (EAD)
9. Proof of relationship (if applicable)
10. Criminal record (if applicable)
11. Other supporting documents
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Copy of passport (photo and personal data page)
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Copy of visa
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I-94 Arrival and Departure Record
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Copy of entry stamp
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Documents showing current and previous nonimmigrant status (e.g., I-20 for F-1 students, DS-2019 for J-1 exchange visitors)
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2x2 inches with white background, taken within the last 30 days
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Copy with certified translation into English, if not in English
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Copy with certified translation into English if necessary
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Completed by a sponsor to demonstrate financial support
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Completed by a USCIS-approved immigration physician, delivered in a sealed envelope
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Copy, if applicable
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Evidence of shared living arrangements (e.g. joint bank account, leases)
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Copies of court records
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Category-specific documents (e.g., approved Form I-130 or I-140)
I-485 checklist 2024
Secondary Evidence Options for Form I-485 Applications
Cuando los documentos primarios no están disponibles para su solicitud del Formulario I-485, USCIS permite presentar evidencia secundaria. Utilice esta tabla como guía para las opciones de documentación alternativa:
Missing Primary Document
Secondary Evidence Options
Birth certificate
Official letter from the issuing authority declaring non-availability
Early school registration with birth data
Religious records (e.g. baptismal certificate)
Early childhood medical history
Notes in the family Bible
Passport
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National ID card
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Driver's license with photo
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Military ID
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Consular identification document
Marriage Certificate
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Signed affidavits from wedding officiant and guests
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Marriage announcement in newspaper
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Joint bank account statements
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Joint lease or property documents
Proof of Entry
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Boarding passes or ticket stubs
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Credit card statements showing purchases in the U.S. upon arrival
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Hotel receipts from date of entry
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Sworn affidavit detailing entry circumstances
Criminal Records
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Letter from court stating records are unavailable
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Sworn affidavit explaining circumstances
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Character references from community leaders
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Proof of rehabilitation (if applicable)
Antecedentes penales
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Carta del juzgado indicando que los registros no están disponibles
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Declaración jurada explicando las circunstancias
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Referencias personales de líderes de la comunidad
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Evidencia de rehabilitación (si aplica)
Proof of Relationship
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Joint utility bills
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Social media posts documenting relationship
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Travel itineraries or bookings for shared trips
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Sworn affidavits from mutual friends or family members
Important Notes:
1. Always provide an explanation for why the primary document is unavailable.
2. Submit as many forms of secondary evidence as possible to strengthen your case.
3. Ensure all non-English documents are accompanied by certified translations.
4. Secondary evidence should only be used when primary documents are genuinely unobtainable.
5. Consult with an immigration attorney if you're unsure about which secondary evidence to provide.
Frequently Asked Questions (FAQS)
Q. What Happens After I-485 Approved?
If all of the requirements are met, and an immigrant visa is allocated by the Department of State (DOS), the Form I-485 is approved. Upon approval, the applicant is mailed a Form I-551, Permanent Resident Card. The date the Form I-485 is approved becomes the date of adjustment, which in turn determines how soon the newly adjusted Lawful Permanent Resident (LPR) may apply for U.S. citizenship. Permanent Resident Cards are valid for ten years.
However, those who adjust under the investor classification (i.e., Form I-526) are initially given a two year Conditional Resident Card; such applicants must file a Form I-829 at the end of the two years to remove the conditions and receive a Permanent Resident Card valid for ten years.
Q. How Long After I 485 Approval To Get Green Card?
After Form I-485 is approved, it typically takes 2 to 3 weeks to receive your green card by mail. The USCIS will send a formal approval notice first, and then the actual green card will follow shortly. You can track your case status online using the USCIS Case Status Tool, which will also provide updates on when your green card has been mailed.
Q. Can I File Form I-485 Online?
As of now, Form I-485 cannot be filed online. The USCIS requires you to submit the form via mail. Ensure that you send your Form I-485 application to the correct USCIS office to avoid delays.
Q. How Long Does I-485 Take After I-130 Approval?
After your Form I-130 (Petition for Alien Relative) is approved, the timeline for Form I-485 (Adjustment of Status) depends on several factors. Typically, after Form I-130 approval, it can take anywhere from 8 to 14 months for Form I-485 to be processed, but this can vary based on your specific case, processing center workload, and whether a visa number is immediately available.
Q. What Happens If I 485 Is Denied?
If your Form I-485 is denied, it could be due to missing documentation, errors, or ineligibility. In some cases, you may appeal or reapply. We highly recommend consulting an immigration attorney to review the reasons for the denial and explore your options.
Q. Can I Travel Within Us While I-485 Is Pending?
Yes, you can travel within the U.S. while your Form I-485 is pending. Domestic travel does not require special permission. However, if you plan to travel outside the U.S., you will need to apply for Advance Parole (Form I-131) to re-enter the country while your I-485 application is being processed.
Q. Can I Travel After I-485 Approval?
Yes, after your Form I-485 is approved and you receive your green card, you are free to travel internationally. However, be sure to carry your green card with you when you re-enter the U.S., as it serves as proof of your permanent resident status. Be mindful of extended travel outside the U.S., as absences longer than 6 months may affect your residency status.