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 for Adjustment that Status). In the context of a marriage environment-friendly card (spouse visa), the key purpose the the I-485 is come prove the the foreign spouse is eligible because that U.S. Permanent residency. The spouse, whose signature is ~ above the I-485, is dubbed the “applicant.”

When the foreign husband or mam is present in the unified States, that is often possible to file the I-130 and the I-485 at the exact same time (a procedure known as “concurrent filing”).

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In this guide you will certainly learn:

The handling time for kind I-485 can take all over from one to three years. bromheads.tv can assist you obtain started on her adjustment of condition application best away! discover more, or get started today.


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type I-485 Timeline


FOrm I-485 handling times

Processing time for type I-485 vary depending on your classification of adjustment, and also it can take a couple of weeks come a few years for USCIS to give the form.

If you have actually filed kind I-140 for an employment-based adjustment of status, her I-140 need to be approved first.

Form I-485 to green card timeline

The time that takes indigenous filing kind I-485 to gaining a green card deserve to be almost everywhere from a few months to a couple of years, depending on your situation.

Some the the factors which impact this process include her eligibility to readjust your status. If friend are applying through a family-based process, then your relationship with the U.S. Citizen who has petitioned on her behalf will also affect how long things will take.

Another variable that will affect the I-485 to green card timeline is which USCIS organization Center you used to. Girlfriend can inspect processing times for your USCIS business Center you applied to because that an estimate.

Expedited handling for type I-485

Premium handling is not easily accessible for form I-485, yet you may have the ability to request expedited processing through the USCIS call Center. Make certain to have actually your 13-digit USCIS situation receipt number top top hand so the your request deserve to be forwarded come the exactly office.

The sooner you obtain started on your I-485 application, the better. Through bromheads.tv, all the forced forms detailed above rotate into straightforward questions you have the right to answer in under 2 hours. Get started today.


type I-485 Cost


The government filing fee for an I-485 application is $1,225. In some situations, the fee for an I-485 could be lower or waived entirely (see the submit fee ar of the I-485 instructions for details).

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Eligibility


Who can record Form I-485?

An applicant (relative or husband or wife obtaining their environment-friendly card) can record an I-485 based upon seven major categories (as detailed on the form): family-based, employment-based, special immigrant, asylum or refugee, person trafficking victim or crime victim, unique programs, and extr options. The I-485 further divides these 7 categories into 27 sub-categories for clarity.

For purposes of a marriage-based green card, only a foreign spouse who is physically existing in the United claims can document an I-485 to use for a eco-friendly card. The spouse must have gone into the United says on a precious visa. In addition, one immigrant visa need to be “immediately available” because that the spouse. This method that form I-130 must already have been approved (as in the case of the spouse of a environment-friendly card holder) or the I-130 and also the I-485 develops must be all at once filed (as in the case of the spouse that a U.S. Citizen).

Who Cannot paper Form I-485?

First, relatives or spouses who room not physically current in the United states cannot file the I-485. Second, even when they are physically existing in the united States, there are some eligibility exclusions that protect against the filing of one I-485 application.

You typically cannot record an I-485 if:

You gone into the United says as a crewman;You entered the United says for transit objectives (i.e. ~ above your means to one more country);You were admitted to the United states as a evil or informant; orYou are “deportable” because you were affiliated in terrorist activity or affiliated with a terrorist group.

In enhancement to the over eligibility exclusions, there room “inadmissibility” grounds that might prevent you from submit an I-485. This method that you space disqualified native receiving a environment-friendly card based on details factors specific to you. This disqualifying category include:

Health-related grounds (you have actually a disqualifying communicable an illness or mental wellness condition)Criminal grounds (you were convicted the certain details crimes)Security grounds (you are a danger to the national security the the joined States)Violations of immigration regulation or procedure (you’ve previously broken U.S. Immigrant laws)Public charge grounds (you are most likely to come to be dependent on publicly benefits)Other grounds (miscellaneous grounds such as entering the United says to exercise polygamy, being an international child abductor, and voting unlawfully)

Depending on the family members relationship or the classification of environment-friendly card, “waivers” might be obtainable to remedy some of the above grounds the disqualification.

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The I-485 application needs to it is in filed through supporting records to prove that the applicant is eligible because that a green card. The complying with supporting files must be had with a marriage-based I-485 application:

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

Secondary evidence

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

For example, if her birth certificate is not available, friend can an initial obtain a statement native the government agency in your home nation that is in fee of issuing bear certificates, certifying the your birth certificate is not accessible through them. You can then submit alternative documents to prove the truth of your birth—essentially, the date and also place of your birth, and also the name of your parents. Such documents can include baptism records, school records, or census records showing your day of birth, location of birth, and also your parents’ names.

If no one of the over alternative papers are available, you have the right to submit written statements indigenous at least two people who to be alive once you were born, and have personal knowledge about the truth of her birth. This statements can be from your grandparents, uncles, aunts, or also family friends. Each statement should encompass the author’s complete name, address, and also date and also place the birth; every the facts around your own birth (date, place, and also names of her parents); and also an explanation of just how the author has personal knowledge of these facts.

The I-485 petition is a really important action in any type of green card application process that’s based on a family relationship. You have to think the the I-485 together an chance to prove that you are eligible for a green card.

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Where do I document Form I-485?

Where you should mail her I-485 application counts on wherein you live and your category of adjustment. USCIS gives a chartwith all the various scenarios.

2. What is the difference between type I-485 and type I-130?

If you are helping a relative use for a green card, form I-485 (“Application because that Adjustment the Status”) is the second step in the family-based green card procedure after submitting type I-130 (“Petition for alien Relative”). If you room the spouse, parent or unmarried son under the period of 21 that a U.S. Citizen, friend can document these two develops at the exact same time.

Form I-485 can also be valuable for other types of eco-friendly card applications. Due to the fact that the objective of type I-485 is to change your status, it can also be provided if you have currently entered the United states either with a valid visa or v the Visa Waiver Program, oor if you space eligible to use for a eco-friendly card v a job offer or ~ above humanitarian grounds.

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

You must paper Form I-485 via mail to a USCIS service center. If you and also your relative are filing form I-130 and kind I-485 together, you can still file Form I-130 online, but you must physically send type I-485 come the exactly USCIS business Center.

4. Can I file Form I-485 from external the U.S.?

Your spouse or relative need to be physical in the United states to file Form I-485. If they are exterior the unified States, then they might be default to apply using consular processing.

5. Can I take trip while my I-485 is pending?

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

Sometimes, girlfriend can record Form I-131 and type I-765 (“Application because that Employment Authorization”) together, either v your I-485 application or afterwards. USCIS will procedure these together and also give girlfriend a merged work and also travel permit. This is officially called an employment Authorization paper (EAD)-Advanced special amnesty card. This map will allow you to travel exterior the United claims and also work while girlfriend wait for your eco-friendly card application to be processed.

6. How have the right to I inspect the status for my kind I-485 application?

You can examine the condition of your I-485 application digital or over the phone. In both cases, girlfriend will require your 13-digit USCIS instance receipt number. Friend can uncover this number on any 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 variety of reasons. Sometimes, it may be denied since some of the required files were missing. If her I-485 is denied, girlfriend may be able to appeal the application. You can additionally choose come restart your application. However, to make things easier and also avoid this happening, you can reach the end to bromheads.tv for help with your green card application.

8.  Will filing type I-485 allow me to work?

If you have actually filed kind I-485 and also you wish to work while your eco-friendly card application is tho pending, climate you will require to use for a occupational permit, or an employment Authorization paper (EAD).

To do this, girlfriend will need to record Form I-765. You have the right to send this kind at the very same time together you record Form I-485, or at any type of time if your application is quiet processing. In most cases, your job-related permit will be handle in less than 12 months, and you can start working as quickly as you get it.

Since the work permit is valid because that a year, sometimes you may need come renew that while still wait for your environment-friendly card to it is in approved. If this happens, you deserve to submit a new form I-765.

If her relative has actually filed kind I-130 yet you’re not eligible to use for a green card yet, friend cannot use for a job-related permit.

9. As a spouse or fiancé(e), have the right to I use type I-485?

If you are the spouse the a U.S. Citizen and have lawfully gone into the united States, you can document Form I-485 to adjust your status and start your journey towards ending up being a environment-friendly card holder.

If you room the fiancé(e) of a U.S. Citizen, girlfriend can record Form I-485 if you gotten in the United says on a K-1 nonimmigrant visa and also married the exact same U.S. Citizen who filed form I-129F, (Petition for extraterrestrial Fiancé(e)) because that you in ~ 90 work of arriving in the unified States. When you are married, USCIS considers friend to be an immediate relative, and you can apply for a marriage-based environment-friendly card.

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

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

If you are applying for a family-preference environment-friendly card or an employment-based green card, periodically a visa may not be automatically available. In this case, you will have to wait after USCIS has actually approved the kind I-130 petition, and an immigrant visa number is available. You will be able to track this ~ above the monthly visa bulletin published by the U.S. Department of State.

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

When you record Form I-485, USCIS might request biometric details to check your identity and run a elevator check.

As the beneficiary, girlfriend will likewise need come answer questions around your criminal history, both inside and also outside the unified States. If you have a criminal record, things may gain complicated, however it does no necessarily typical your green card application will be denied.

12. What is the I-485J?

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

To request job portability, friend can record Form I-485 complement J, i m sorry will require both you and also your new employer to submit information. Girlfriend should record this in ~ the same ar where you filed kind I-485.

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

Form I-485 is used when the person who is applying for their environment-friendly card is already in the united States. If lock are external the U.S., climate they may find it much more convenient to apply for a eco-friendly card with consular processing. When eligibility needs for both space similar, both processes are quite different, with different forms and costs involved.

bromheads.tv can assist you consider your options and answer any type of questions you could have about which course to take. Get started today!