The next step in the family-based green card process after submitting Form I-130 (Petition for alien Relative) is come submit form I-485 (Application because that Adjustment that Status). In the paper definition of a marriage eco-friendly card (spouse visa), the key purpose of the I-485 is to prove the the international spouse is eligible for U.S. Long-term residency. The spouse, who signature is on the I-485, is called the “applicant.”

When the international husband or mam is current in the joined States, it is often possible to paper the I-130 and also the I-485 at the very same time (a procedure known together “concurrent filing”).

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In this guide you will learn:

The processing time for form I-485 can take all over from one to 3 years. medtox.org can assist you get started on her adjustment of condition application best away! discover more, or obtain started today.


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Form I-485 Timeline


FOrm I-485 processing times

Processing time for kind I-485 vary depending on your category of adjustment, and it deserve to take a couple of weeks to a few years for USCIS to approve the form.

If you have actually filed kind I-140 because that an employment-based adjustment of status, your I-140 should be authorized first.

Form I-485 to environment-friendly card timeline

The time that takes indigenous filing type I-485 to acquiring a green card have the right to be anywhere from a couple of months come a couple of years, depending on your situation.

Some the the factors which affect this process include her eligibility to adjust your status. If girlfriend are applying through a family-based process, then your partnership with the U.S. Citizens who has petitioned on your behalf will also affect how lengthy things will certainly take.

Another factor that will influence the I-485 to environment-friendly card timeline is which USCIS business Center you used to. Girlfriend can inspect processing times for her USCIS company Center you used to for an estimate.

Expedited processing for type I-485

Premium processing is not obtainable for type I-485, yet you may be able to request expedited processing through the USCIS contact Center. Make certain to have your 13-digit USCIS instance receipt number ~ above hand so that your request have the right to be forwarded to the exactly office.

The sooner you obtain started on your I-485 application, the better. With medtox.org, every the forced forms noted above rotate into straightforward questions you have the right to answer in under 2 hours. Get started today.


Form I-485 price


The government filing fee for an I-485 applications is $1,225. In some situations, the fee because that an I-485 could be lower or waived completely (see the filing fee section of the I-485 instructions because that details).

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Eligibility


Who can file Form I-485?

An applicant (relative or husband or wife obtaining their green card) can paper an I-485 based upon seven significant categories (as provided on the form): family-based, employment-based, unique immigrant, asylum or refugee, person trafficking victim or crime victim, one-of-a-kind programs, and additional options. The I-485 additional divides these seven categories right into 27 sub-categories because that clarity.

For objectives of a marriage-based environment-friendly card, only a foreign spouse who is physically existing in the United says can file an I-485 to apply for a environment-friendly card. The spouse need to have gone into the United says on a precious visa. In addition, one immigrant visa should be “immediately available” for the spouse. This means that kind I-130 must currently have been authorized (as in the case of the spouse that a green card holder) or the I-130 and the I-485 forms must be all at once filed (as in the case of the spouse the a U.S. Citizen).

Who Cannot document Form I-485?

First, relatives or spouses who are not physically existing in the United claims cannot paper the I-485. Second, even when they space physically present in the unified States, there space some eligibility to exclude, that stop the filing of one I-485 application.

You generally cannot document an I-485 if:

You gone into the United states as a crewman; You entered the United says for transit functions (i.e. Top top your way to another country); You were admitted come the United claims as a witness or informant; or You room “deportable” because you were connected in terrorist task or connected with a terror group.

In enhancement to the above eligibility exclusions, there space “inadmissibility” grounds that may prevent girlfriend from filing an I-485. This way that you space disqualified indigenous receiving a environment-friendly card based on specific factors particular to you. This disqualifying category include:

Health-related grounds (you have a disqualifying communicable an illness or mental wellness condition) Criminal grounds (you were convicted that certain particular crimes) protection grounds (you room a risk to the nationwide security the the united States) hurt of immigration law or procedure (you’ve previously damaged U.S. Immigration laws) Public charge grounds (you are most likely to come to be dependent on windy benefits) other grounds (miscellaneous grounds such together entering the United claims to exercise polygamy, being an international child abductor, and also voting unlawfully)

Depending top top the family relationship or the category of green card, “waivers” might be accessible to remedy some of the over grounds of disqualification.

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The I-485 application requirements to be filed v supporting papers to prove that the applicant is eligible because that a environment-friendly card. The complying with supporting documents must be contained with a marriage-based I-485 application:

evidence of the international spouse’s nationality (copy the a bear certificate and also foreign passport). If the spouse seek a eco-friendly card has ever before been arrested, proof the there to be no conviction (certified copy of the court record).

Secondary evidence

In the event that a required document is no available, you must submit different documents (officially called “secondary evidence”) so the USCIS deserve to make a decision on your I-485 application.

For example, if her birth certificate is not available, girlfriend can first obtain a statement from the government company in your home nation that is in fee of issuing bear certificates, certifying that your birth certificate is not easily accessible through them. You have the right to then submit alternate documents come prove the truth of her birth—essentially, the date and also place of your birth, and the names of your parents. Such documents might include baptism records, school records, or census records showing your date of birth, place of birth, and your parents’ names.

If nobody of the above alternative papers are available, you can submit created statements from at least two world who were alive as soon as you were born, and also have an individual knowledge around the truth of your birth. These statements might be from your grandparents, uncles, aunts, or also family friends. Every statement should encompass the author’s full name, address, and date and also place of birth; all the facts about your own birth (date, place, and names of your parents); and also an explanation of how the writer has an individual knowledge of this facts.

The I-485 petition is a very important step in any kind of green map application procedure that’s based upon a family relationship. You have to think of the I-485 together an possibility to prove the you are eligible because that a environment-friendly card.

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Where carry out I document Form I-485?

Where you must mail her I-485 application counts on whereby you live and your classification of adjustment. USCIS provides a chartwith all the different scenarios.

2. What is the distinction between form I-485 and kind I-130?

If you are helping a relative use for a eco-friendly card, form I-485 (“Application because that Adjustment the Status”) is the 2nd step in the family-based eco-friendly card procedure after submitting form I-130 (“Petition for extraterrestrial Relative”). If you space the spouse, parent or unmarried kid under the age of 21 that a U.S. Citizen, girlfriend can file these two forms at the same time.

Form I-485 can likewise be advantageous for other varieties of green card applications. Since the function of kind I-485 is to readjust your status, the can additionally be offered if you have already entered the United states either v a precious visa or through the Visa Waiver Program, oor if you space eligible to apply for a green card v a project offer or top top humanitarian grounds.

3. Can type I-485 it is in filed online?

You must file Form I-485 via mail to a USCIS company center. If you and also your loved one are filing form I-130 and kind I-485 together, you have the right to still file Form I-130 online, but you should physically send kind I-485 to the correct USCIS company Center.

4. Can I record Form I-485 from exterior the U.S.?

Your spouse or relative need to be physically in the United says to file Form I-485. If castle are exterior the united States, then they may be standard to apply using consular processing.

5. Can I travel while my I-485 is pending?

If you must travel outside of the United states while your I-485 is still being processed, climate you will need to record Form I-131 (“Application for travel Document”). If you take trip without this, USCIS may think that you have actually abandoned your I-485 application and also reject it.

Sometimes, friend can record Form I-131 and form I-765 (“Application because that Employment Authorization”) together, either v your I-485 application or afterwards. USCIS will procedure these together and give you a linked work and also travel permit. This is officially called an employed staff Authorization document (EAD)-Advanced parole card. This map will permit you to travel outside the United claims and additionally work while you wait because that your eco-friendly card application to be processed.

6. How have the right to I check the condition for my form I-485 application?

You can check the status of her I-485 application digital or end the phone. In both cases, friend will require your 13-digit USCIS situation receipt number. Girlfriend can discover this number on any type of correspondence girlfriend have had with USCIS.

7. What if my I-485 it s okay denied?

Form I-485 can be rejected because that any number of reasons. Sometimes, it may be denied because some that the required records were missing. If her I-485 is denied, girlfriend may have the ability to appeal the application. You can additionally choose to restart her application. However, to make points easier and avoid this happening, you can reach out to medtox.org for assist with your eco-friendly card application.

8.  Will filing kind I-485 permit me come work?

If you have filed kind I-485 and also you great to work while your eco-friendly card applications is still pending, then you will need to use for a work permit, or an employment Authorization record (EAD).

To carry out this, you will require to document Form I-765. You deserve to send this form at the same time as you document Form I-485, or at any time when your application is tho processing. In many cases, your work permit will be processed in much less than 12 months, and also you can begin working as quickly as you get it.

Since the job-related permit is valid because that a year, occasionally you might need come renew it while still waiting for your eco-friendly card to it is in approved. If this happens, you have the right to submit a new kind I-765.

If her relative has actually filed form I-130 however you’re not eligible to apply for a eco-friendly card yet, girlfriend cannot use for a job-related permit.

9. As a spouse or fiancé(e), deserve to I use form I-485?

If you room the spouse that a U.S. Citizen and also have lawfully entered the united States, girlfriend can paper Form I-485 to readjust your status and start your journey towards coming to be a green card holder.

If you are the fiancé(e) that a U.S. Citizen, you can record Form I-485 if you gotten in the United claims on a K-1 nonimmigrant visa and married the same U.S. Citizen who filed form I-129F, (Petition for extraterrestrial Fiancé(e)) for you in ~ 90 days of showing up in the joined States. As soon as you space married, USCIS considers you to be an immediate relative, and also you can use for a marriage-based environment-friendly card.

10. When need to I paper Form I-485?

If you are using for a marriage-based eco-friendly card, girlfriend can paper Form I-485 at the exact same time the your U.S. Citizen spouse files type I-130. Friend can also do this if you room an prompt relative that the U.S. Citizen who is filing type I-130 on your behalf, for example, if you space the parent of the petitioner, or you are their unmarried child and you are younger 보다 21 years old.

If girlfriend are using for a family-preference green card or an employment-based eco-friendly card, sometimes a visa might not be immediately available. In this case, friend will have to wait ~ USCIS has actually approved the kind I-130 petition, and an immigrant visa number is available. Friend will be able to track this ~ above the monthly visa bulletin released by the U.S. Department of State.

11. Can ns still file Form I-485 if I have a criminal record?

When you file Form I-485, USCIS might request biometric information to confirm your identity and also run a background check.

As the beneficiary, friend will likewise need come answer questions around your criminal history, both inside and also outside the united States. If you have a criminal record, points may acquire complicated, however it does no necessarily average your environment-friendly card application will certainly be denied.

12. What is the I-485J?

If you have filed form I-485 to adjust your standing through an offer of employment but wish to readjust jobs, you might still be eligible to apply for an convey of standing through your new role, if the brand-new job is similar.

To request job portability, friend can record Form I-485 supplement J, which will need both you and your brand-new employer to send information. You should file this at the same location where you filed type I-485.

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13. What is the distinction between form I-485 and consular processing?

Form I-485 is used when the person who is applying for their eco-friendly card is already in the united States. If they are external the U.S., climate they may uncover it more convenient to apply for a eco-friendly card through consular processing. While eligibility demands for both room similar, both procedures are fairly different, with separate forms and also costs involved.

medtox.org can assist you consider your options and answer any questions you might have about which route to take. Get started today!