Adjustment of Status after Marriage: Form I-485

Last Updated on October 7, 2024 by Linda Lee

Adjustment of Status after Marriage Summary

• The processing time for I-485 adjustment of status after marriage is an average of 18 months, as of October 2024.
• The I-485 filing costs $1,440, as of October 2024.
• You must file the adjustment of status after marriage form I-485 by mail, there is no online filing.

I-485 Adjustment of Status After Marriage Eligibility Criteria

Before delving into the details of the I-485 application process, it’s crucial to grasp the eligibility criteria. Meeting these requirements is the foundation upon which your application for adjustment of status based on marriage to a USC will be considered. Key eligibility criteria include:

1. To file Form I-485, you must file an I-130 concurrently or have an approved immigrant petition (I-130) on your behalf. 
2. Spouse of a U.S. citizen or lawful permanent resident (marriage green card holder).
3. Valid and legally recognized marriage.
4. Entered the U.S. legally with a valid visa or through other eligible means.
5. Entered into the marriage in good faith, without intent to evade immigration laws.
6. No grounds of inadmissibility, such as criminal convictions or immigration violations.
7. Continuous presence in the U.S. since entry, without unauthorized absences.
8. Ability to maintain legal status during the AOS process, with options for employment authorization if eligible.
9. Compliance with all documentation and evidence requirements to demonstrate the bona fide nature of the marriage.
10. Fulfillment of any additional eligibility criteria specified by U.S. Citizenship and Immigration Services (USCIS) for the I-485 application.

I-485 Adjustment of Status after Marriage Documentation Requirements

The I-485 adjustment of status after marriage application process involves meticulous document preparation and submission. It’s essential to provide accurate, complete, and well-organized documentation to support your eligibility for permanent residency. Required documents typically include:

1. Form I-130: Immigrant Petition which must be correctly filled out and submitted along with the evidence of US Citizenship status such as a US Birth Certificate, Valid US Passport, Naturalization Certificate Certificate of Citizenship or Consular Report of Birth Abroad
2. Form I-485: The primary application form, which must be correctly filled out and submitted.
3. Supporting Identification for the noncitizen spouse: Photocopies of identity documents such as a valid passport, visa, and any relevant Form I-94 (Arrival-Departure Record).
4. Marriage Certificate and evidence of proof of termination of prior marriages if applicable such as a divorce certificate, death certificate or certificate of annulment.
5. Examples of Bonafide Marriage Documentation: 

• Joint bank accounts and statements, which show monthly activity
• Joint credit cards and statements, which show monthly activity
• Joint leases, mortgages, or rental agreements (including vacation properties, timeshares, etc.)
• Birth certificates showing children together, or evidence of any pregnancy or fertility treatment
• Joint memberships, such as gym or clubs
• Joint cell phone plans
• Joint health insurance, or one spouse is the beneficiary on the policy
• Life insurance/retirement account, where the other spouse is the beneficiary
• Joint investments
• Joint car insurance
• Joint car titles
• Proof of ownership of a joint business
• Drivers’ licenses should have the same joint address (or proof of DMV change of address)
• Pay stubs, showing “married”
• Joint utility bills (gas, water, power, cable, etc)
• Joint car insurance
• Hotel or airline receipts, showing trips you took together
• Bills, cards or other correspondence sent to joint address (personal, not junk mail)
• Receipts for joint purchases of wedding rings, appliances, cars, cemetery plots, etc.
• Pictures, including wedding and family pictures

6. Medical Examination and Vaccination Records: Applicants are required to undergo a medical examination by a USCIS-approved civil surgeon and provide vaccination records.
7. Affidavit of Support: an Affidavit of Support (Form I-864) is required to demonstrate that you will not become a public charge and that you have sufficient financial support.

Adjustment of Status Through Family

An “adjustment of status through family” allows a foreign national to obtain a green card based on his or her relationship with a family member who is also a U.S. citizen or permanent resident. You may be eligible for an adjustment of status through family if you are:

• An immediate relative who is a U.S. citizen. This includes a spouse, an unmarried child under age 21, or a parent who is 21 years of age or older.
• A family member of a U.S. citizen who fits into a “preference category.” This includes unmarried children over age 21, married children of any age, and siblings who are 21 years of age or older.
• A family member of a permanent resident or “green card holder.” This includes spouses and unmarried children belonging to the green card holder.
• A member of one or more “special categories.” Special categories include battered spouses or children, K and V non-immigrants, persons born to foreign diplomats within the United States, and the widow or widower of a U.S. citizen.

I-485 Biometrics and Interviews

As part of the I-485 process, applicants will be required to attend biometrics appointments.

1. Biometrics Appointment: Biometrics involves the collection of fingerprints, photographs, and digital signatures for identification purposes. It’s a routine step that helps the USCIS conduct security and background checks.
2. Interviews: Interviews are a common part of the I-485 process. Interviews aim to ensure that the information provided in your application is accurate and to assess your eligibility for permanent residency.

Understanding these fundamental aspects of the I-485 application process is essential for a smooth and successful journey toward obtaining permanent residency in the United States. In the next section of this guide, we will explore in greater detail the role of an immigration attorney and how their expertise can significantly enhance your chances of success in the I-485 process.

I-485 Fees

The I-485 fees were increased on April 2024. Below you will find the current I-485 fees:

I-485 Category	Fee
I-485, General Filing	$1,440
If under 14 years old and submitting form I-485 with a parent filing I-485 concurrently	$950
Medical Exam	$100 – $500*

The Role of an Immigration Attorney for I-485 Adjustment of Status Cases

Navigating the complex landscape of immigration law and successfully securing lawful permanent residency through the I-485 adjustment of status process can be a challenging endeavor. This is where the invaluable expertise and guidance of an experienced immigration attorney come into play. In this section, we will explore the vital role an immigration attorney plays throughout the I-485 application journey.

Legal Expertise in Immigration Law

Immigration law is a multifaceted, ever-evolving field with a myriad of rules, regulations, and procedures. Our immigration attorneys possess a deep understanding of this intricate legal framework, keeping abreast of changes and developments that may impact your case. Our expertise ensures that your application complies with all relevant laws and regulations, reducing the risk of errors or oversights that could lead to delays or denials.

Case Assessment and Eligibility Determination

One of the first tasks our immigration attorney will undertake is to assess your specific situation. We will evaluate your eligibility for the I-485 process and identify any potential challenges or complications. This assessment is a crucial step, as it can guide you toward the most suitable immigration path and help you avoid wasting time and resources pursuing options that may not lead to permanent residency.

Document Preparation and Review

The preparation and submission of documentation are integral aspects of the I-485 process. We are skilled in preparing, reviewing, and organizing the necessary paperwork to ensure that it is complete, accurate, and submitted within the required timelines. The precision and thoroughness we bring to this process help avoid common pitfalls that may lead to the USCIS requesting additional evidence or, in the worst case, a denial.

Guidance Through Interviews

For many I-485 applicants, interviews are a part of the process. These interviews aim to verify the accuracy of the information provided in your application and assess your eligibility for permanent residency. We can play a pivotal role in preparing you for these interviews, offering guidance on what to expect and how to respond to various questions.

Troubleshooting and Issue Resolution

Immigration processes are not always straightforward, and unexpected issues or complications can arise. In such instances, our attorneys are your advocate and problem solver. We can help navigate unforeseen challenges, propose effective solutions, and liaise with relevant authorities to ensure your rights are protected and your application moves forward.

In summary, our immigration attorneys are more than legal representatives; we are a dedicated advocate, a guide, and a source of expertise throughout your journey to permanent residency in the United States. The next section of this guide will delve into the specific benefits of hiring an immigration attorney for your I-485 application, illustrating how their support can dramatically increase your chances of success.

Benefits of Hiring Our I-485 Adjustment of Status after Marriage Attorneys

The decision to enlist the services of an immigration attorney can be a pivotal one in your journey towards securing lawful permanent residency in the United States. In this section, we will explore the numerous benefits that come with having one of our immigration attorneys by your side throughout the I-485 adjustment of status after marriage application process.

Increased Chances of Success

Perhaps the most significant advantage of working with an immigration attorney at ILOLA is the substantial increase in your chances of success. We have an in-depth understanding of the immigration laws and regulations, as well as the experience to navigate the complexities of the I-485 process. We know how to address potential challenges, effectively present your case, and minimize the risk of application denials. We also have a 99% approval rate!

Time and Stress Management

The I-485 process can be time-consuming and stressful, with numerous forms to complete, documents to gather, and deadlines to meet. Our immigration attorneys streamline this process, managing your time efficiently and relieving you of the administrative burden. This allows you to focus on other aspects of your life, knowing that one of our dedicated legal experts is overseeing your case.

Legal Representation

When you work with our office, you have dedicated legal representation throughout the process. Your attorney is your advocate, ensuring that your rights are protected and that you are treated fairly and justly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant authorities. This level of support is especially crucial during interviews or in the event of complications.

Peace of Mind

Perhaps the most intangible yet valuable benefit of having our immigration attorney is the peace of mind it provides. Navigating the immigration process can be filled with uncertainties and anxieties. With our trusted attorney overseeing your case, you can rest assured that you have a skilled professional advocating for your interests, providing guidance, and ensuring the process is as smooth as possible.

In conclusion, partnering with our law office is the key to a successful I-485 application process. Our legal expertise, support, and advocacy enhance your chances of achieving permanent residency in the United States with confidence. If you are considering or are already in the midst of the I-485 process, give us a call at (213) 375-4084 to consult with an immigration attorney that can make a significant difference in your journey toward the American dream.

I-485 Frequently Asked Questions