Curran & Berger

This guide contains a list of documents and general instructions for preparing & filing a I-130 Petition for Alien Relative and I-485 Application to Adjust Status with the USCIS.  PLEASE NOTE that immigration procedures and filing fees may change.  This guide does not represent legal advice from Curran & Berger.  If you have any questions or concerns about your case, we advise you to speak with an attorney.

These guidelines are applicable for foreign nationals who are married to a U.S. citizen, are present in the United States  and originally entered the United States in lawful status.  If your foreign national spouse is not currently present in the United States or did not originally enter the United States on a valid visa, you should speak with an attorney.  Please note that you should also speak to an attorney if there are any criminal issues or a previous unfulfilled J visa two-year home residence requirement.

Forms and a list of fees can be downloaded from the USCIS website.

Documents you will need to file with the USCIS:

• Form I-130, Petition for Alien Relative.
• Form I-485, Application for Adjustment of Status to Lawful Permanent Resident.
• Form G-325, Biographic Information for you.
• Form G-325, Biographic Information for your alien spouse.
• One passport-style photograph of U.S. Citizen, and three of your alien spouse (with full names written on back). They must be glossy, unretouched and unmounted, and have a white background.  These photos must be taken within 30 days of submitting to the USCIS. These photos can usually be taken at any local photo shop.  See the photo instructions on the US Department of State website .
• The filing fees and biometric service fee (see USCIS instructions), in the form of a money order, made payable to "Department of Homeland Security."
• A certified copy of your original U.S. birth certificate, or U.S. naturalization certificate.
• Alien spouse's birth certificate (with notarized translation, if applicable).  This birth certificate must be long-form, showing the names of both mother and father.  Please refer to the Foreign Affairs Manual for information about availability of birth documents in his/her country of birth.  You will need to select the country from the drop-down list at the top of the page, and scroll down to find the information about available documents.
• Alien spouse's original I-94 Card (small white card, usually stapled inside of passport)
• Photocopy of Alien Spouse's Passport (entire copy, cover to cover)
• Form I-864, Affidavit of Support. Submit this along with supporting financial documentation (federal tax returns* from the past year, W-2 forms, employer letter and bank letter, etc.).  The I-864 is the most common reason for denial or delays in marriage cases.  Therefore, be sure to read the instructions carefully and provide proper documentation.  *Tax transcripts may be obtained from the IRS if you have not kept copies.
• A certified copy of any previous ABSOLUTE divorce certificates, for both you and your alien spouse (w/notarized translation, if applicable)
• Marriage Certificate
• Form I-765, Application for Employment Authorization (optional)
• Form I-131 Application for Advance Parole (optional)
• Form I-693, Medical Examination; performed by an USCIS authorized physician and sent to USCIS in sealed envelope (to be opened by USCIS only).  See http://www.uscis.gov/civilsurgeons to find a doctor near you.  Be sure to bring the I-693 form with vaccination supplement to the appointment, as well as any previous vaccination records you can get.
   

General Instructions Regarding Forms:

Answer all questions by either typing or printing neatly in black ink. If an item is not applicable, write "N/A". If your answer to a question is none, write "none". Leave no areas blank. If you need extra space to answer an item, attach an additional sheet of paper with your full name clearly marked. Also, indicate the number of the item from the application that you are extending to the additional sheet of paper.

Every application must be properly signed and filed with the correct fee. Please note that all USCIS forms are printed on white paper, unless otherwise indicated. I-130 forms must be printed on yellow paper.

Send the application via certified mail to:

U.S. Citizenship and Immigration Services
Chicago Lock Box
427 South LaSalle, 3rd Floor
Chicago, IL 60605-1098 

WE RECOMMEND THAT YOU DO NOT FILE ORIGINAL DOCUMENTS WITH THE USCIS, BUT HAVE THE ORIGINALS IN YOUR POSSESSION IN CASE AT ANY POINT THE CIS REQUIRES THEM FOR VERIFICATION OF AUTHENTICITY. REMEMBER TO MAKE A COMPLETE PHOTOCOPY OF ALL DOCUMENTATION YOU FILE WITH THE USCIS, FOR YOUR OWN RECORDS.

After Your Application Has Been Filed:

• All filings are forwarded from Chicago to the National Benefits Center (NBC).  The NBC will mail receipts, instructions for getting fingerprinted, work cards and travel documents.  It may take 1 to 2 months to receive your receipts, and up to 3 months to receive the work card (EAD) and travel documents (advance parole)
  

• After obtaining the EAD card, your alien spouse may go to a Social Security Office with proper identification to apply for a valid Social Security Number and Card.  See www.ssa.gov to find a Social Security office near you.
  
• Your alien spouse is not allowed to leave the United States without permission from the USCIS ("advance parole").  He/she should not travel at all without consulting an attorney if there were any periods of unlawful presence before the applications were filed.
  
• While awaiting your USCIS interview, you should gather and obtain as much documentation as possible that shows that the two of you have a valid marital relationship. Examples are: photographs of the two of you together (including wedding photographs), evidence of joint assets, joint debts, joint bank accounts, insurance policies, a joint lease, etc.
• You will eventually receive instructions for appearing together at a USCIS Field Office for your immigration interview.
  
• MAKE SURE YOUR ALIEN SPOUSE'S PASSPORT IS VALID AT THE TIME OF THE USCIS INTERVIEW.

At the Time of Your USCIS Interview:

• Bring all original documents/certificates

• Bring all original supporting documents regarding your relationship with each other (see above)
• Arrive promptly at USCIS, dressed conservatively
• Follow the instructions of the USCIS officers and your USCIS examiner
• Ask you USCIS examiner his/her name and write it down
• Bring as little as possible to make the security check/metal detector screening as smooth as possible.
  

NOTIFY THE USCIS OF ANY ADDRESS CHANGES. If your home address changes at any point after filing your application, inform them in writing using form AR-11 and call the National Customer Service Center 1-800-375-5283 to update your address, or file your change of address through the USCIS website.