Follow the steps below to apply for permanent residence based on marriage. You will file your forms directly with U.S. Citizenship and Immigration Services (USCIS).
We hope the information below helps you understand the general process, but it is not legal advice. You may wish to consult an immigration attorney.
You cannot apply for permanent residence if you have had a J-1 visa with a two-year home residency requirement that has not been fulfilled or waived.
Form I-485 is your application to adjust your status to permanent resident. You and each dependent must file all of the documents below.
The application requires many documents, so allow sufficient time to gather and complete all of them. If you have questions, we encourage you to contact us.
If you are in K-1 status, you have already provided some of the documentation below for your I-129K petition. You do not need to submit birth certificates, death or divorce decrees, the G-325A for the U.S. citizen spouse, the I-130 petition for alien relative, or the I-693 medical exam.
In Part 2 of Form I-485, check box a. if you are applying based on marriage to a U.S. citizen. Supplement A is not required unless you are in the United States illegally.
The current fee is $1,225 for each applicant, or $750 for each child under 13 who is filing with a parent. The fee covers biometrics (fingerprints) and any applications for employment (I-765) or travel authorization (I-131). You may pay by personal check, money order, or certified check, made payable to the Department of Homeland Security. Staple a separate check to each I-485 form.
Please check the Form I-485 instructions to confirm the fee amount before mailing.
The photos must meet the Department of State’s requirements for passport photos. Print the person’s name on the back in pencil, place the photos in a separate envelope or plastic bag, and staple the bag or envelope to the I-485 form.
The birth certificate must show your parents' names. A passport is not an acceptable substitute for a birth certificate. Learn more.
Form I-864 is the affidavit of support. Also see Form I-864P, which will help you determine your minimum income requirement to complete Form I-864.
A designated USCIS civil surgeon must complete and seal this form, which is a report of medical examinations and vaccination records. Students and spouses may use the designated civil surgeons at the IU Health Center. Download the form, review the vaccination requirements, and find a civil surgeon on USCIS’s Form I-693 page.
Supply a photocopy of your passport ID page, expiration page, and all U.S. visa pages.
Include the following:
Your U.S. spouse must complete Form I-130 (Petition for Alien Relative) for you and each of your children. There is a $420 fee for each form.
Submit a photocopy of your U.S. citizen spouse’s birth certificate, naturalization certificate, or ID page from a passport.
You do not have to provide other evidence that your marriage is legitimate, but your interview with USCIS will address this topic.
If you or your spouse has been married before, include photocopies of any divorce decrees and death certificates from all previous marriages for both of you.
If you want confirmation that the USCIS facility receives your application, file Form G-1145 with your application. You will receive a text message, email, or both when USCIS receives your application. This service is free of charge.
You may have travel restrictions while your application for permanent residence is being processed, which can take a long time. If you plan to travel abroad, you will probably need to file Form I-131 to avoid canceling your application.
You can file the I-131 with your I-485, or you can file the I-131 later with a photocopy of your I-485 receipt.
Learn more about travel while your application is being processed.
All documents that are not in English must be translated. You should use a translator, such as a friend or colleague. You should not translate your own documents. The translation must be accompanied by a certification from the translator but does not have to be notarized. The following is an acceptable example of certification:
I, [Name of Translator], hereby certify that I am competent to translate from the [Name of language] language into English and that the attached/above is an accurate translation of the original [Birth/Marriage/Other] document.
Signature_________
Name of translator__________
Address_________
Telephone_________
Prepare a cover sheet that lists all of the documentation that is included in your application.
Remember to keep a copy of everything you send to USCIS.
You will send Form I-485 and all supporting documents to a lockbox facility. They will be forwarded to the USCIS Service Center for processing. Please confirm the mailing address by checking the I-485 instructions before mailing.
After you submit all of your forms and documents, you will wait for your petition to be adjudicated. After the I-485 petition is filed:
If you move while your application is being processed, you must give USCIS your new address. This is very important, because the U.S. Postal Service will not forward most USCIS letters with the rest of your mail.
Take these steps:
If you want to obtain work authorization while your I-485 is being processed, you have two options. You can submit your application for work authorization with your I-485, or you can apply for work authorization later.
Follow these steps:
You should receive authorization within 90 days.
The I-485 fee covers the initial application and any renewals.
If you are in valid H-1B status at IU, you only need additional employment authorization if you will be accepting employment outside of IU.
