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Note: These are guidelines ONLY and they do not address any individual circumstances. Keep in mind that YOU are ultimately responsible for your own petition.
If you entered the US on a visitor visa or under the VWP, an initial consult with a competent immigration attorney should be considered prior to filing for adjustment of status based on your marriage to a US citizen. An immigration attorney will be able to best advise you based on your individual circumstances.
Quick Find
How Do I Become a Lawful Permanent Resident While In The United States?
Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?
Special Information on Filing Form I-485 for persons living in Oklahoma, Texas and New Mexico
Employment Authorization
Frequently Asked Questions About Employment Eligibility
Adjudicators Field Manual 23.4 Presumption of Lawful Admission
Letter from Department of Justice (DOJ)
in relation to AOS when there was preconceived intent on entry.
Information on the Notices of Action (NOA) that you will receive during this process can be found at NOA1 & NOA2
- I-485 Application To Register Permanent Residence or Adjust Status
- G-325A Biographic Information
- I-864 Affidavit of Support
- I-765 Application for Employment Authorization (optional)
- I-131 Application for Travel Document (optional)
Additional forms that may be required.
- I-130 Petition for Alien Relative (Filed concurrently with the I-485 package if immediate relative entered the US e.g. on a Visitors Visa or under the VWP.
- I-485 Supplement A (If applicable. See 8 CFR 245.10)
- I-601, Application for Waiver of Grounds of Excludability (If applicable)
Download the above Forms HERE
You will need the latest version of the free Adobe Reader to use these forms. You can download the Reader HERE. Or you can download a trial version of Adobe Acrobat 8 Professional HERE
The above forms are fillable. If you cannot fit something in via typing, you can write it in by hand neatly using a black pen. You can also attach a continuation sheet, indicate the item number, and date and sign each sheet. It is recommended to use blue pen for signing so as your signature is not mistaken erroneously as a copy. (There has been reports of RFE's for signatures in this regard)
ALWAYS check the form download page at uscis.gov for current fee and SPECIAL INSTRUCTION information
Please also note that USCIS has revised many of the forms to coincide with the new Fee Schedule, with certain forms stating prior editions not accepted. So please double check the revision dates on all forms prior to submitting, against the USCIS forms download page.
All supporting documents must be in English or be translated.
Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English.
Per the USCIS, documents not in English must be translated. The policy states as follows:
"All documents that are in a language other than English must be submitted with a translation. The person translating the document must certify that the translation is complete and accurate and that he/she is competent to translate from the foreign language into English."
All translations must include a statement similar to the following:
Certification by Translator:
I (typed name) , certify that I am fluent (conversant) in the English and (type the foreign language) languages, and that the above/attached document is an accurate translation of the document attached entitled (name of document).
Signature ______________________ Typed Name _________________
Date ___________ Address _____________________
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USCIS no longer requires original copies of documentation submitted with your petition. You MUST however submit an original of any forms as well as the originals of any certified translations. Any signatures must also be in the original, not a copy of.
Note: An adjudicating officer may request the original of any document submitted if it is deemed necessary.
See How Do I Know If I Need Original Documents?
As per form instructions:
Fees must be submitted in the exact amount. Do not mail cash.Fees cannot be refunded. All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in United States currency. The check or money order should be made payable to the Department of Homeland Security except:
If you live in Guam, make your check or money order payable to the ''Treasurer, Guam.''
If you live in the U.S. Virgin Islands, make your check or money order payable to the ''Commissioner of Finance of the Virgin Islands.''
The fees are current as per USCIS. You can check on the current fee by visiting HERE or call the National Customer Service Center on 1-800-375-5283
When making out your check or money order, spell out U.S.Department of Homeland Security. Do not use the initials "USDHS" or "DHS."
 Please note the fee increases that became effective July 30, 2007
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In preparing your packet, please read the following:
Tips for Filing Petitions and Applications to the National Benefits Center
Signature Requirements for USCIS Forms
Above all else, please read the Form instructions carefully.
IMPORTANT NOTE: Take your time when assembling your package. Ensure that all questions are answered, and forms signed. Ensure that you have all the documentation and evidence needed to submit with your petition or application. Care taken at this stage will assist greatly in avoiding an RFE (Request for Further Evidence) or ultimately a denial of your petition or application. See the new rule on RFE's, NOID's (Notice of Intention to Deny) and amendments to the Adjudicators Field Guide 'Removal of the Standardized Request for Evidence Processing Timeframe'
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- Payment as required by USCIS (see Payment section above). Include the payment for both the I-485 and the fingerprinting fee. (Fingerprint fee not needed for applicants under 14). Please note the fee increases effective July 30, 2007
The new application fee for an I-485 is a package fee that includes the fee for I-131 (advance parole) and I-765 (Employment Authorization) applications. You will still need to file both these applications but if you file them with an I-485 on or after July 30 with the new fee, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
- Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents listing all that you have included in your package. Signed and dated.
- Form I-485 Application To Register Permanent Residence or Adjust Status. If you need extra space to answer any item, attach a sheet of paper with your name and your alien registration number (A#), if any, and indicate the number of the item to which the answer refers. Your application must be properly signed and filed with the correct fee. If you are under 14 years of age, your parent or guardian may sign your application.
- Supplement A to Form I-485, and penalty fee if applicable. See 8 CFR 245.10
- Attach a copy of the I-129F fiancé(e) petition approval notice if entered on a K-1 visa or a copy of the I-130 petition approval notice if entered on a K-3 visa. Notice of Action I-797 or I-797C.
- Copy of the intending immigrant's Passport (biographical page as well as entry stamps, visa).
- Copy of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the United States and current status, or other evidence of your status. (front and back copies)
- A copy of your foreign birth certificate (If not in English a translation should also be submitted), or other record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).
- A certified copy of your marriage certificate (If filing for your spouse); A copy of the USC petitioner's and/or intending immigrant's divorce documents (If filing for a spouse, and one or both of you have been divorced before).
- A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)
- Two identical, natural color passport-style photographs of yourself, taken within 30 days of the application. See photo requirements HERE. Using a pencil, lightly print your Alien Registration Number (A#), or your name, if you do not have an A#, on the back of each photo.Place photos in a small plastic bag or envelope, label the bag "Photo of [Insert Name]". and attach to a sheet of paper or directly to the I-485.
- G-325A (all four pages) filled out, signed and dated. (Must be completed by all those between the ages of 14 and 79)
- I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the non-immigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application.
- I-864, Affidavit of Support (see poverty guidelines here). Include any additional required supporting documentation.
- I-765, Application for Employment Authorization, if you want to work while your application is processed. Include any additional required supporting documentation or photos as well as payment per USCIS instructions. Note: Fee not required if the I-485 was filed on or after July 30, 2007 with the new fee.
- I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed. Include any additional required supporting documentation or photos as well as payment per USCIS instructions. Note: Fee not required if the I-485 was filed on or after July 30, 2007 with the new fee.
- I-601, Application for Waiver of Grounds of Excludability. If applicable. e.g. Those who entered on a J-1 visa and are subject to the two year home residency rule. Fee not required IF filing concurrently with the I-485.
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The I-130 is filed along with the I-485 if you entered the US on a visitor, other visa type such as J-1, or under the VWP.
- Payment as required by USCIS. Check or money order in the exact amount. Make the check or money order payable to Department of Homeland Security. Please note the fee increases effective July 30, 2007
- Cover Letter. (Optional) Should include a description of what your are petitioning for (I-130), a table of contents listing all that you have included in your package. Signed and dated.
- Form I-130 Petition for Alien Relative. Please remember to list all children of your spouse.
- Evidence of your U.S. citizenship. Submit either - a copy of your U.S. birth certificate (front and back) issued by the civil registrar, vital statistics office, or other civil authority; or a copy of your U.S. passport (all pages including front and back) ; or a copy of your Certificate of Naturalization, or your Certificate of Citizenship (front and back) (If applicable); or a copy of petitioner's proof of permanent residency.(If applicable)
(Please see USCIS Form I-130 for information on the use of copies and what can be submitted if the above documents are not available.)
- G-325A completed and signed by the USC petitioner. (4 pages)
- G-325A completed and signed by the beneficiary. (4 pages)
- Passport-style color photograph of the USC petitioner AND one of the beneficary taken within 30 days of filing. See specifications HERE. Lightly print the name (and Alien Registration Number, if known) on the back of each photograph using a pencil or felt pen. Place photos in a small plastic bag or envelope and attach to a sheet of paper or directly to the I-130.
- A copy of your marriage certificate obtained on registration of your marriage. (plus translation if not in english.)
- A copy of any final divorce decrees, death certificates, or annulment decrees if either you or your spouse have been previously married. (These need to be the court certified documents)
- If either the US Citizen and/or foreign spouse is using a name other than that shown on the documents submitted, you must give USCIS copies of the legal documents that made the name change, such as a marriage certificate, name change certificate, adoption decree or court order.
- Evidence of a bona fide marriage (as per Section 7 of the I-130 instructions)
- If you have circumstances that are unique, you can detail this in a separate attachment. Dated and signed.
- *Optional* A copy of the foreign spouse's birth certificate. Can be beneficial and is sometimes requested via an RFE when your case is being adjudicated.
Remember: All supporting documents must be in English or be translated.
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Coversheet for the entire I-130 and I-485 Package
(Optional)
Include an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Indicate the package is an Immediate Relative [Spouse/Parent] Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485, evidence, I-130, evidence, I-765, I-131,etc).
Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status
See HERE
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IMPORTANT!
Make copies of the entire package before you submit it. This includes the money orders. Retain ALL originals. The USCIS has the right to request the originals by issuing an RFE (Request For Evidence). If you do receive an RFE, follow the directions exactly, remembering to also make a copy of what you send back.
Posted Dec 04, 2003 by murthy.com >>>>> HERE
Interesting and helpful article on how to complete questions relating to your name on immigration forms.
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Disclaimer: Information published on familybasedimmigration.com is not intended to be used in a legal capacity. Familybasedimmigration.com takes no responsibility for any information used by members or guests in the process of their case. Information contained on familybasedimmigration.com is based on members' personal experience, opinion and is offered solely in a suggestive manner. Information from official government agents or websites, including those from the USCIS, DOS, SSA etc should be verified from another source. Government employees are not held responsible for giving incorrect information. Government websites are not always up to the minute. Forms become outdated quickly. Each individual immigration case is unique; and while legal advice is not always required to complete a case, in your case it may be necessary. Conduct research, evaluate your comfort level, and consider a consultation with an immigration attorney for a professional evaluation of your case - A good investment in your future.
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