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Note: When
filing for Adjustment of Status K1 and K3 Visa holders are now required
to submit their paperwork to the National Address (Chicago Lockbox) instead
of at their local CIS office. This procedure became effective for all
applicants in April 2005.
After the National
office completes initial processing your case will be referred to your
local CIS office where you will be interviewed for your permanent residency or be transferred to CSC.
Prior to this the national office will send you communications requesting
biometrics be taken and schedule an interview with you for this. To determine
the amount of time it will take your local office to schedule your interview
appointment refer to Processing
Times page and click on USCIS District Processing Times link
Download
the Following Forms:
1.
G-325a
2.
I-864
3.
I-485
4.
I-765 (optional)
5.
I-131 (optional)
6.
G-1145 (optional)
The above forms can be filled
out on your computer and printed. Make sure you sign and date them as required.
Anything you cannot fit by typing, you can handwrite (very neatly) in black
ink in the blank instead. You should always verify the current forms at
www.uscis.gov.
Assembling the
I-485 Package: Checklist
 
Forms and Documents (follow these
assembly instructions. All supporting documents must be in English or be
translated as noted here.):
| 1. |
Payment(s)
as required by USCIS.
Be sure to include the payment for both the I-485 and the biometrics fee*. Use a money order so you can track the
payment. If a personal check is allowed, use that instead.
>> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007). |
| 2. |
Cover Page.
This should include the applicants contact information, a description of the benefit being filed for
("Immediate Relative (Spouse) Family Based Adjustment of Status
Application") and a table of contents listing the major items in the packet.
If you need additional room to explain your case, attach a separate
sheet and list the attachment on the cover sheet. Make sure to
sign and date the cover sheet. |
| 3. |
Form
I-485: Petition for Alien Relative |
| 4. |
Copy of
the non US Citizen Spouses Passport (biographical page as well
as entry stamps). |
| 4a. |
Copy of
the non US Citizen Spouses K-1 or K-3 Visa from Passport |
| 5. |
K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 |
| 6. |
Copy of
the non US Citizen Spouses valid I-94 (front and back copies) |
| 7. |
A copy
of the intending immigrant's birth certificate
along with English translation. (If in any language other than
English) |
| 8. |
A certified
copy of your marriage certificate. (If filing for your spouse)
|
| 9. |
Two passport-type
photos (see specification)
of the Non US Citizen Spouse. Write the full name on the back.
Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag
to a sheet of paper and place behind the corresponding G-325a. |
| 10. |
G-325A
filled out, signed and dated. |
| 11. |
I-693,
Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you. |
| 12. |
I-864,
Affidavit of Support (see poverty limits here)
>> Include any additional required supporting
documentation |
| 13. |
I-765,
Application for Employment Authorization, if you want to work
while your application is processed (optional)
>> Include any additional required supporting
documentation or photos as well as payment as noted here. |
| 14 |
I-131,
Application for Travel Document, if you need to travel outside
the United States while your application is processed (optional)
>> Include any additional required supporting
documentation or photos as well as payment as noted here.
|
| |
* Fingerprint
fee not needed for applicants under 14
** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail. |
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"Cover Page" Information:
In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes:
-- the applicants contact information (name, address, phone number)
-- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status
Application)
-- A table of contents listing the major items in your package (i.e. I-485
and evidence, I-765, I-131, etc)
-- A line with the applicants signature and date
Attach "E-Notification" Form (Optional)
Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received.
Where to File Everything:
Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office).
Be sure to mail the package with return receipt requested
/ delivery confirmation. Send via USPS.
IMPORTANT!
Make TWO copies of the entire package
before you send it in. This includes the money orders too. You want to
have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL
original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request
For Evidence). If you receive an RFE, follow the direction exactly,
and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.
After Filing: What Happens?
I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay
often leaves the petitioner feeling completely hopeless of ever receiving
approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually
get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are
the main items that will happen while the beneficiary's I-485 is being processed.
Employment Authorization and Advance Parole Processing
If you filed for Employment Authorization and/or Advance Parole
petitions are generally processed within 90 days of filing. During that
wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the
mail to schedule an appointment at the nearest
USCIS biometrics office to have their fingerprints and photos taken. It is
important follow the instructions in this notice and to schedule the biometrics
appointment in a timely fashion. Below are estimated waiting times for these benefits:
 Estimated EAD Processing Times
Estimated AP Processing Times
As a note, in an emergency where travel outside of the United States is needed
(while a beneficiary's I-485 in still being processed) an Advance Parole can
be obtained quickly by scheduling an Info-Pass appointment at your local USCIS
office. You must show proof (doctors note, etc) that the travel is a true emergency
(such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP
is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485).
Biometrics
Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken
as part of the I-485 processing (fingerprints and
photos). The beneficiary will be sent a notice in the
mail to schedule an appointment at the nearest
USCIS biometrics office to have their fingerprints and photos taken. It is
important follow the instructions in this notice and to schedule the biometrics
appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer.
Interview (in person) for Adjustment of Status
Eventually most people (see exception below) will receive a letter from
the CIS informing you of your interview date. It will include instructions on what
to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos,
joint checking account, joint lease, joint mortgage, and birth certificates
of children if any, etc.). Also, it is important to bring the current
passport of the beneficiary to the interview.
The interview is fairly painless and may be
video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks).
Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will
attempt to complete processing without requirinig an "in person" interview. There is no
particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them.
NOTES:
(1) It is possible that at your interview a tardy namecheck or FBI clearance may hold
up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the
case is *actually* approved, which may be a later date than the interview.
The final issued green card will show the validity date.
(2) If the beneficiary and petitioner have been married less than two
years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued"
by filing an I-751 to remove
conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.
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