I-485 is Application for Adjustment of Status. In the context of a marriage green card (spouse visa), the main purpose of the I-485 is to prove that the foreign spouse is eligible for U.S. permanent residency. The spouse, whose signature is on the I-485, is called the “applicant.”
Who can file Form I-485?
An applicant can file an I-485 based on seven major categories (as listed on the form): family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. For purposes of a marriage-based green card, only a foreign spouse who is physically present in the United States can file an I-485 to apply for a green card. You can fill the form online or download Form I-485 here.
Who Cannot File Form I-485?
The I-485 processing time will vary depending on the basis of the application, the USCIS case load where you filed, and your ability to properly file an accurately prepared adjustment of status package without errors or omissions. You typically cannot file an I-485 if:
➤ You entered the United States as a crewman;
➤ You entered the United States for transit purposes (i.e. on your way to another country);
➤ You were admitted to the United States as a witness or informant; or
➤ You are “deportable” because you were involved in terrorist activity or involved with a terrorist group.
3 Fundamental Requirements to Obtain AOS
• It is significant and compulsory that the qualified up-and-comer is at present in the USA while filling the US I-485 application.
• Lawful passage is another significant pre-imperative for AOS. That is to say, the applicant has entered the USA with substantial visa archives and showed up in the eye to eye with a US movement official by acquiring the affirmation from that official. A person with substantial passage and terminated visa is additionally qualified to apply AOS.
• If the up-and-comer is under the family inclination application, at that point he/she should have an endorsed and the present I-130 alongside the Visa number. Here, close family members of US residents got the office to apply AOS together with I-130 by that specific close relative as
Application Filing Procedure for AOS
Qualified possibility for AOS need to record Form I-485 alongside the application for AOS or Permanent Residence. Here, close family members need to submit AOS application with USCIS at 2 unique focuses. Here, it is basic to document Form I-485 after the endorsement of the I-130 appeal. While close relative is permitted to apply together Form I-485 and Form I-130 together. The structures for family-based AOS parcel are as beneath:
• Form I-485.
• Form I-130, this is a request for Alien Relative.
• if there should be an occurrence of Spouse, Form I-130A, Biographic information
• Form I-864 as oath support.
• Form I-693 for medicinal assessment report and immunization subtleties.
• Form I-765 for work approval application. Read more about US work visa
• Form I-131 for movement report application.
USCIS will mail you in the wake of accepting your AOS application as an arrangement notice for your biometric screening. Here, significant con connected with AOS process is now is the ideal time expending nature. It is commonly eight to fourteen weeks term for the AOS for the family based application while it will be besides for different candidates. The significant advantage of this AOS is permitting staying in the USA with family until the finish of the procedure. Likewise, application forswearing is permitted to challenge through legal redrafting forms as well.
Form I-485 processing time
The I-485 processing time will vary depending on the basis of the application, the USCIS case load where you filed, and your ability to properly file an accurately prepared adjustment of status package without errors or omissions. After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8-14 months.