What is Form I-485?
Form I-485, officially called the Application to Register Permanent Residence or Adjust Status, is a critical step in obtaining a green card for those already in the U.S. In the case of a marriage-based green card, Form I-485 allows the foreign spouse to apply for U.S. permanent residency. The applicant (foreign spouse) must demonstrate eligibility for adjustment of status through this form.
This step typically follows the filing of Form I-130 (Petition for Alien Relative), which establishes the qualifying family relationship between the U.S. citizen or lawful permanent resident and the applicant. In many cases, when the foreign spouse is already in the U.S., Form I-130 and Form I-485 can be filed together, a process known as concurrent filing.
Processing Timeline for Form I-485
The time it takes for Form I-485 to process depends on factors like the type of green card you’re applying for and the USCIS field office handling your case. Here are the general timelines:
- Marriage-Based Green Cards: Processing time ranges from 10–23 months.
- Employment-Based Green Cards: Approval of Form I-140 is required before the I-485 can proceed.
To determine specific timelines, you can use USCIS’s case processing time tool. Factors like visa availability and the applicant’s relationship with the sponsoring U.S. citizen also influence the timeline.
Cost of Filing Form I-485
The government fee for filing Form I-485 is $1,225 for most applicants. This includes a $1,140 filing fee and an $85 biometric services fee. However, certain applicants may qualify for fee waivers or reductions based on their circumstances.
Eligibility to File Form I-485
Who Can File Form I-485?
You can file Form I-485 if you meet one of these categories:
- Family-Based: Immediate relatives of U.S. citizens, such as spouses, parents, or unmarried children under 21.
- Employment-Based: Applicants sponsored by U.S. employers through Form I-140.
- Asylum or Refugee Status Holders: Applicants who were granted asylum or refugee status over a year ago.
- Special Programs or Humanitarian Grounds: This includes victims of human trafficking, crime, or special immigrant juveniles.
In the context of a marriage-based green card, the foreign spouse must have entered the U.S. lawfully and have an immigrant visa immediately available to them.
Who Cannot File Form I-485?
Certain factors make individuals ineligible for filing, such as:
- Entering the U.S. unlawfully or for temporary purposes like transit or crewman roles.
- Violating immigration laws or being involved in criminal activities.
- Falling under inadmissibility grounds, such as health issues, criminal records, or security risks.
Some ineligibilities can be addressed through waivers depending on your circumstances.
Required Supporting Documents for Form I-485
Your Form I-485 must include specific supporting documents to prove eligibility, such as:
- Proof of lawful entry: A copy of your visa and I-94 travel record.
- Proof of identity: Birth certificate, passport, and other official IDs.
- Marriage documentation: Marriage certificate for spousal green card cases.
- Financial evidence: Tax returns and income proof from the sponsoring spouse.
- Medical examination: USCIS Form I-693 completed by an approved doctor.
If you are unable to provide certain documents, you may submit secondary evidence, such as affidavits from family or official statements explaining the unavailability of primary documents.
Common Mistakes to Avoid
- Incomplete or Incorrect Form Information: Ensure every section is filled out accurately.
- Failure to Submit All Supporting Documents: Missing documents can delay or even result in rejection.
- Using Outdated Forms: Always use the latest version available on the USCIS website.
- Failure to Sign the Form: An unsigned form is automatically rejected.
- Incorrect Filing Fee: Verify the current filing fee to avoid application returns.
Additional FAQs About Form I-485
- Can Form I-485 Be Filed Online?
No, Form I-485 must be mailed to the appropriate USCIS service center. - Can I Travel While My I-485 is Pending?
Yes, but only after filing Form I-131 (Application for Travel Document). Traveling without it could result in your application being considered abandoned. - What Happens if My I-485 is Denied?
You may appeal the decision or reapply, depending on the reason for the denial. - Can I Work While My Application is Pending?
Yes, if you file Form I-765 (Application for Employment Authorization).
Form I-485 for Spouses or Fiancé(e)s of U.S. Citizens
If you’re married to a U.S. citizen, you can apply for a green card through Form I-485, provided you entered the U.S. lawfully. Fiancé(e)s entering on a K-1 visa must marry their U.S. citizen sponsor within 90 days to file.
How Can Law and Visas Help?
Navigating the Form I-485 process can be overwhelming, but Law and Visas is here to make the journey smooth. Starting at $649, we provide:
- Complete assistance with Form I-485 and other required forms.
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- Support throughout your green card journey.
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