filing for i-485 adjustment of status

[savagemiss 0]

Hi,

After completing all the forms and ready to send our I-130 application off we are reading that some people are also filing the I-485 at the same time. Can anyone tell us when we are supposed to send this please?

[Nich-Nick 3,354]

If your spouse is in the UK, you petition with the I-130 and he is awarded a greencard when he enters the U.S. with his visa. There is no I-485 with an IR1/CR1 visa. His greencard is sorta built into the visa process

If he was already in the US on another visa like student, work, or even VWP, he could adjust status (I-485) to get a greencard. The I -130 packet would be sent with the I-485 packet in that case.

[savagemiss 0]

No she is currently in the UK. do we have to file it with the i-130? or can we wait a little while as we dont quite have all the documents needed nor the funds for the i-485. we thought we had to file it later. If so how long do we have to file it? thanks in advance.

[Ryan H 3,812]

The I-485 is a form you will never have to fill out or deal with.

[savagemiss 0]

Hi Ryan

Please could you elaborate. we thought everyone had to file the i-485 to get the actual green card. if we are wrong could you tell us how, why and what?

[Nich-Nick 3,354]

No she is currently in the UK. do we have to file it with the i-130? or can we wait a little while as we dont quite have all the documents needed nor the funds for the i-485. we thought we had to file it later. If so how long do we have to file it? thanks in advance.

Then the first paragraph I wrote applies to you, specifically "There is no I-485 with an IR1/CR1 visa. Her greencard is sorta built into the visa process".

The second paragraph explains who files an I-485...those who are already living in the U.S. and want a greencard based on marriage. She does not live in the U.S. so does not follow that process.

The fees you will pay for the Spouse visa are more than filing the I-130. notice there is no I-485.

CR1 route = $1060 + £295

$420 (USCIS) I-130 petition

$325 (National Visa Center) Visa fee

$120 (National Visa Center) Affidavit of Support Review fee

£45 ACPO Police certificate https://www.acro.police.uk/police_certificates.aspx

£250 (Knightsbridge Doctors) medical exam http://www.visamedicals.info/us.asp

$30 Courier fee if home delivery, $0 to pick up at a depot

$165.00 (USCIS) Immigrant Fee via the Department of State's website - https://ceac.state.gov/IV/Login.aspx

Edited October 20, 2015 by Nich-Nick

[Ryan H 3,812]

Hi Ryan

Please could you elaborate. we thought everyone had to file the i-485 to get the actual green card. if we are wrong could you tell us how, why and what?

I-485 is for adjusting status, this is a process immigrant visa holders (which includes spouse visa holders) do not undergo.

After a spouse visa is issued by the Embassy or Consulate, the holder must use it before the expiration date that is printed on it. When the individual enters, a standard CBP entry stamp will be placed on the passport page next to the visa (the endorsement). It is this combination that allows the visa to act as a temporary Green Card for 1 year.

Also, after the visa is issued, a $165 card production fee must be paid to USCIS before the card will be produced and sent out. This fee can be paid anytime after the visa is issued; however, production on the card will not occur until A) the fee is paid and B) the visa holder has entered the US and been processed by CBP. Once the card is produced, it will be sent to the address indicated by the immigrating spouse.

[savagemiss 0]

Ok. So we get that we dont need to file the l-485. What confuses us now is where does the USCIS/NVC get all the information that would have been on the I-485 eg the police record and finamcial info?

[Nich-Nick 3,354]

Ok. So we get that we dont need to file the l-485. What confuses us now is where does the USCIS/NVC get all the information that would have been on the I-485 eg the police record and finamcial info?

Petition I-130 establishes an American wants to bring a wife over. Gives her permission to apply for a visa. USCIS approves that step.

Then file is handed off to National Visa Center under the Dept of State. The actual visa application is submitted to NVC by her, you provide your affidavit of support, she sends photocopies of her documents like police certificate, birth certificate, etc. When they have processed all that and are satisfied you have got it all done, they assign an interview date in London and ship the file off to London.

She has a medical exam in London. She goes back TO London and attends an interview bringing originals of her police certificate, birth certificate, marriage license, etc ...documents sent as photocopies to NVC. She is approved and her visa is delivered by courier in about seven days.

She enters the US on her visa and is a permanent resident that day indicated by a stamp in her passport. The actual permanent resident card will come in the mail to her U.S. address.

[savagemiss 0]

Thankyou so much that has cleared up alot of confusion

[pushbrk 12,968]

Ok. So we get that we dont need to file the l-485. What confuses us now is where does the USCIS/NVC get all the information that would have been on the I-485 eg the police record and finamcial info?

This is handled in the visa application process, after the petition is approved. Financial information is not provided until the NVC stage (application for visa stage). You are now only preparing to file a petition, to open the door to a visa application.

An immigrant visa, allows the spouse to enter the USA, with the "status" others use the I-485 to "adjust to" from visitor, student, etc.