These checklists do not address the question of whether or not it is advisable to file a petition in any category.
They are intended for current clients of Curran & Berger LLP who have been referred to this list by staff.

Important Note for Clients Preparing I-485 Applications

Please contact us before you make any international travel plans. Knowing your international travel plans will allow your attorney to advise you promptly on whether you have the appropriate documents to be able to re-enter the U.S. Your travel document based on the green card will be processed approximately 90 days from the time we file your Green Card Application. 



Marriage-Based Adjustment of Status (AOS)

 

1.) Requirements for U.S. Citizen or Legal Permanent Resident Spouse

  • Documents
  • Questionnaire

 

2.) Requirements for Foreign National Spouse

  • Documents
  • Questionnaire
  • Medical Exam


3.) Joint Requirements

  • Documents for Interview
  • Evidence of Relationship
  • USCIS Filing Fees

 

 

 Requirements for U.S. Citizen or Legal Permanent Resident Spouse

 Documents Needed

  • Color copy of biographic information page of US passport OR copy of birth certificate showing petitioner born in US (original needed at interview);
  • Color copy of naturalization certificate, if applicable (original needed at interview);
  • Color copy of Permanent Resident Card (front and back), if applicable (original needed at interview);
  • Copy of your marriage certificate (original needed at interview);
  • Copy of any divorce or death certificates from previous marriages, if applicable (original needed at interview);
  • Two (2) passport-style photographs. Please see Photo Requirements.
  • Most recent federal tax return with W-2s;
  • Copies of your pay statements from the past two months;
  • Job letter from your employer stating job title, annual salary and start date, signed by a supervisor or HR representative.


Questionnaire

 

NOTE TO SPONSORS & CO-SPONSORS RE: ADDRESS CHANGE

It is your responsibility to report a change of address during the time the I-864, Affidavit of Support  (or the related forms I-864A and I-864EZ) remains in force [see the contract details listed on the I-864] by filing Form I-865, Sponsor’s Notice of Change of Address found at www.uscis.gov. Form I-865, Sponsor’s Notice of Change of Address, is used by a sponsor, co-sponsor, or joint sponsor to report a change of their address to the U.S. government.

 


 

 Requirements for Foreign National Spouse

 

Documents Needed

  • Color copy of your current passport biographic information page (original needed at interview);
  • Copies of biographic information pages for all passports used to enter the United States;
  • Copies of all US visa stamps and entry stamps from all current and expired passports;
  • Copy of your most recent white I-94 entry card received upon entry to the U.S or printout OR screenshot/printout of electronically issued I-94.;
    • PLEASE NOTE: If you last entered the U.S. through Canada or Mexico and did not receive a new I-94 card, please send the date and place of your most recent entry.
  • Seven (7) passport-style photographs. Please see Photo Requirements.
  • If you have ever lived in the United States in another status (as a student, exchange visitor, worker, etc.), please send us the following:
    • Copies of all I-797 approval notices received from the USCIS (original needed at interview);
    • Copies of I-20s (issued if you were ever in F-1 status in the U.S.), DS-2019s or IAP-66s (issued if you were ever in J-1 status), I-612 J waiver approval notices (original needed at interview);
  • Copy of your birth certificate (PLEASE NOTE: Your birth certificate must include your name, date and place of birth, and the names of both your mother and father.) (original needed at interview)
  • Copy of your marriage certificate (original needed at interview);
  • Copies of any divorce or death certificates from previous marriages, if applicable (original needed at interview).

 

Are you missing any biographical documents from abroad? Visit the State Department Reciprocity Schedule and enter your home country into the search box. Scroll down the page and instructions for obtaining the document needed will be there.

 

NOTE: If a document is not in English, then a certified translation is required. Our firm can order a translation for you at an additional cost, or you can have your document translated and certified using a translation certification statement, signed and notarized.  You may not certify translations of your own documents, nor those of any family member. For a translation certification statement, click here.

 

FAQ: What if I was issued an electronic I-94? Some I-94s at air and sea ports are now issued by a passport stamp and an electronic record you can access online. Your electronic record of admission may be accessed by at www.cbp.gov/I94, please send us a printed copy or a screenshot. Land border entries will continue to receive a paper Form I-94 from CBP.
If you have trouble accessing your electronic I-94 after several attempts and methods, you can contact deferred inspection. Find more information on deferred inspection here and the closest deferred inspection site here. If you still cannot access your I-94, please let us know.

 

Questionnaire

 


Medical Examination

Each applicant for adjustment of status is required to have a medical examination with a USCIS doctor. Note that the medical exam MUST be less than one year old when we file the I-485, and will have to be redone if the I-485 takes more than one year to process.

To find a list of USCIS doctors in your area, type your zip code into the USCIS Civil Surgeon Locator. When you go to the appointment, bring a copy of the latest I-693 medical exam form, so you can be sure the doctor uses the current form.

Since there is a vaccination requirement, it would be helpful to bring any vaccination records you may have to the exam. If you do not have any vaccination records, you may be given inoculations during the exam. Please note that all applicants must have a tuberculin skin test during their USCIS medical exam. An X-ray is not a suitable substitute for the TB skin test.

The exam results will be returned to you in a sealed envelope.  Please return the envelope to us unopened!

 


 Joint Requirements

 

Documents for Interview

Once we file your initial Marriage-Based Petition and Adjustment of Status Application, you will be scheduled for an interview at a local USCIS office. Please begin to gather and send us documentation of your relationship now, though we will not share it with USCIS until the interview. Once the interview is scheduled, we will provide additional guidance and discuss whether you wish to have an attorney or translator attend with you.

 

Evidence of Relationship (in addition to the required documents indicated above)

  • Evidence of shared assets or joint financial obligation
  • Documentation showing joint residence
  • Documentation showing jointly held health, life or auto insurance
  • Copies of recent correspondence addressed to both of you at joint address
  • Photographs of your wedding, and of you with friends or family over the period of your marriage.

 

Preparing for your AOS marriage interview

In addition to an interview preparation session with us, we've prepared an explanation of the interview process. PLEASE READ, IT CONTAINS IMPORTANT INFORMATION ABOUT PREPARING FOR YOUR INTERVIEW.

 

USCIS Filing Fees

For clients of Curran & Berger, the filing fees are due in total before the time of filing and are reflected on your monthly billing statement. Current USCIS filing fees can be confirmed here

Do not send us original documents. You should send us copies or scans of your items and keep the originals in a safe place. If you have sent us an item already, you do not need to send it again. Just let us know if you've already sent it.
You can either e-mail us scanned copies or mail us paper copies. However, we can only accept e-mails up to 25 MB in size. If you need to send us large amounts of information, please create a .zip file.
Feel free to send us your documents as they become available. There is no need to wait until you have everything. We usually can get started with just a few items. If you have any questions, or think that obtaining a necessary document will be difficult, don't hesitate to contact us so we can discuss a plan to move forward.
If a document is not in English, then a certified translation is required. Our firm can order a translation for you at an additional cost, or you can have your document translated and certified using a translation certification statement, signed and notarized.  You may not certify translations of your own documents, nor those of any family member. For a translation certification statement, click here.

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