The first step in the family-based green card process is to submit Form I-130 (technically called the “Petition for Alien Relative”) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.
The main purpose of this form is to establish that a valid family relationship exists between the sponsor and the person seeking a green card. (See this article for more details about the I-130 petition.)
The second step in the family-based green card process is to submit Form I-485 (technically called the application for “Adjustment of Status”).
In the context of a marriage-based 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.”
When the foreign spouse is present in the United States, it is often possible to file the I-130 and the I-485 at the same time (technically called “concurrent filing”).
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, asylee or refugee, human trafficking victim or crime victim, special programs, and additional options. The I-485 further divides these seven categories into 27 sub-categories for clarity.
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. The spouse must have entered the United States on a valid visa. In addition, an immigrant visa must be “immediately available” for the spouse. This means that the Form I-130 must already have been approved (as in the case of the spouse of a green card holder) or the I-130 and the I-485 must be concurrently filed (as in the case of the spouse of a U.S. citizen).
Who Cannot File Form I-485?
Spouses who are not physically present in the United States cannot file the I-485.
There are some eligibility exclusions that prevent the filing of an I-485 application, even when the spouse is physically present in the United States. You 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.
It is important to know that exceptions to some of the above exclusions do exist, which would allow someone to file a I-485 application even though they are in one of the above categories.
In addition to the above eligibility exclusions, there are “inadmissibility” grounds that may prevent you from filing an I-485. This means that you are disqualified from receiving a green card based on certain factors specific to you. These disqualifying categories include:
- Health-related grounds (you have a disqualifying communicable disease or mental health condition)
- Criminal grounds (you were convicted of certain specific crimes)
- Security grounds (you are a threat to the national security of the United States)
- Violations of immigration law or procedure (you’ve previously broken U.S. immigration laws)
- Public charge grounds (you are likely to become dependent on public benefits)
- Other grounds (miscellaneous grounds such as entering the United States to practice polygamy, being an international child abductor, and voting unlawfully)
Depending on the family relationship or the category of green card, “waivers” may be available to remedy some of the above grounds of disqualification.
How Much Does It Cost?
The government filing fee for an I-485 application is $1,225.
For the full costs of the entire marriage-based green card process, click here.
In some situations, the fee for an I-485 might be lower or waived entirely (see the filing fee section of the I-485 instructions for details).
How Long Does It Take?
The processing time for your I-485 petition will depend on your category of adjustment and the USCIS office processing your application. For example, the processing time for I-485 applications filed by spouses of U.S. citizens is currently about 9-12 months.
For the full timeline of the entire marriage-based green card process, click here.
Where to File?
Where you should mail your I-485 application depends on where you live and your category of adjustment. USCIS provides a chart with all the different scenarios.
The I-485 application needs to be filed with supporting documents to prove that the applicant is eligible for a green card.
These supporting documents need to be included with a marriage-based I-485 application:
- Proof that the spouse entered the United States using a valid visa, demonstrated by a copy of this prior visa and the I-94 travel record (available here).
- Proof of the foreign spouse’s nationality (copy of a birth certificate and foreign passport).
- Proof of the sponsoring spouse’s ability to financially support the spouse seeking a green card (copy of the sponsoring spouse’s latest federal income tax returns and pay stubs)—for more details, see our explanation of the “Affidavit of Support.”
- If the spouse seeking a green card has ever been arrested, proof that there was no conviction (certified copy of the court record).
- The spouse seeking a green must also include a medical examination performed by a USCIS-approved doctor. You can find one in your area by using the USCIS find a doctor tool.
Boundless provides you with an easy-to-use, step-by-step online tool so you can complete your marriage-based green card application process with confidence. We want to celebrate with you at the moment you receive your green card. Let’s get started!