i 485 cover letter for employment based i 485

Extraordinary Visa USA

Everything You Need to Know About Writing an I-485 Cover Letter

See I-485 Cover Letter sample below and instructions on how to build your own. When applying for an extraordinary ability green card in the United States, you should consider submitting an I-485 cover letter. This letter is an opportunity to introduce your application to the USCIS officer reviewing your case, explain any discrepancies or unusual circumstances in your application, and make life easier for your busy examiner.

When we applied we thought about the purpose and needs of this cover letter –

• a) introduces your application to the USCIS officer reviewing your case,
• b) where you can explain any discrepancies or unusual circumstances in your application and
• c) mentions proof of fee payment.
• d) makes life easier for your busy examiner. The letter should be clear, concise, and easy to read. The letter should also be free of errors.

In this comprehensive guide, we will cover everything you need to know about writing an effective I-485 cover letter for an extraordinary ability green card application. We will discuss the purpose of the cover letter, what to include in the letter, and how to format the letter. We will also provide examples of effective cover letters.

Is an I-485 Cover Letter Important?

While an I-485 Adjustment of Status (AOS) cover letter is not required, we believe it was a powerful tool in our green card application. It shows the USCIS officer that you care by having put time and effort into preparing a complete and thorough application package and so respect their time.

As an introduction to your case the letter should provide a brief overview of your qualifications and why you are eligible for an extraordinary ability green card. The letter should also explain any discrepancies or unusual circumstances in your application.

When to file your I-485 Cover Letter

WARNING: The I-485 should only be submitted if your [“priority date” is “current”(this is only usually an issue for applicants from India and China)].

WARNING: Do not submit the I-485 if you intend to travel abroad as doing so without [Permission to Travel] can be seen as “abandoning your green card application”. In our [Permission to Travel] article we show how you can get a temporary travel papers and avoid losing your green card before you even receive it. We cover this further in our “Concurrent Filing” article.

This formal letter should explain to the first person that opens your application that you have been approved your I-140 and are adjusting your status (AOS) OR that you have filed your I-140 and are [concurrently filing] to adjust your status . EB-1 visa applicants on a valid underlying visa are permitted to file an [ Adjustment of Status ]. This has many benefits including [Temporary Work Papers] and [Permission to Travel].

When filing your I-485 forms you should this cover letter on top of your visa packet. (Visa packet just means all your forms and documents that relate to your I-485). If you are concurrently filing the I-140 section and I-485 should be separated as they can go to different departments within the USCIS.

Purpose of the I-485 Cover Letter

At a quick glance your officer:

• understands why you are submitting your I-485 – I-140 Approval or Concurrently Filing
• check that you have included the correct documents
• check that you have included ALL the documents
• can identify if your package requires a more senior officer or special consideration

How to Write the I-485 Cover Letter

Keep this letter as logical, methodical and short as possible. When writing an I-485 cover letter, there are several key components you should include:

1. Introduction

Your introduction should be brief and to the point. Begin by introducing yourself and stating that you have either an approved I-140 and are adjusting your status OR that you have filed your I-140 and are [ concurrently filing ] to adjust your status. You can include a sentence or two about your background or qualifications but it is not necessary – your officer is short on time. Place your USCIS [receipt number] or an [Alien number] up top – if you don’t have either add your US SSN (Social Security Number). If this is your first visa application be sure to add your Full Name and Date of Birth MM/DD/YYY. This number/information should be on loose pages of your application so your evidence can be easily added back to your case file. Mention the fee check included.

2. Explanation of Package Contents

In the next section of your cover letter, explain the contents of your application package. This should include a list of all the documents you are submitting, along with a brief description of each document. Make sure to organize your list in a clear and easy-to-read format.

If concurrently filing it should also tell them here that you are submitting your I-140 with petition letter and evidence, and/or, you are also applying for adjustment of status(I-485). It should also list the important documents enclosed in your packet.

Below is a list of documents that may be submitted this list might not be relevant to you.

3. Explanation of Discrepancies or Unique Circumstances

It is unusual for applicants to need to mention anything here, however, here’s your opportunity if necessary. If there are any discrepancies or unique circumstances in your application, your cover letter is the place to explain them. Be honest and transparent about any issues that may arise in your application, and provide any necessary documentation to support your explanation. This can be related to your criminal past etc. If you have consulted an immigration attorney or other professional, you can mention this in your cover letter as well.

4. Conclusion

In the conclusion of your cover letter, thank the USCIS officer for their time and consideration. You can include a sentence or two about why you believe you are a strong candidate for a green card and why you are excited to become a permanent resident of the United States but we believe this is not necessary and a waste of the USCIS officers time.

Tips for Writing your Strong I-485 Cover Letter

Here are key takeaways to help you write a strong and effective I-485 cover letter:

• Keep your cover letter concise and to the point. Avoid lengthy paragraphs or unnecessary information.
• Use a professional tone and avoid any slang or colloquial language.
• Make sure to proofread your cover letter carefully for spelling and grammatical errors.
• Use clear headings and formatting to make your cover letter easy to read and navigate. Use Arial font and no emoticons. Spell in American English and use US date formats MM/DD/YYYY to avoid confusion.
• Make sure you include any receipt number or social security numbers you may have that can identify you.
• Be honest and transparent about any discrepancies or unique circumstances in your application.

SAMPLE Cover Letter I-485

U.S. Department of Homeland Security US Citizenship and Immigration Services Address

Re: I-485 Adjustment of Status Petition Based on APPROVED I-140 petition for EB1 – EA

Re: I-485 Adjustment of Status Petition Based on PENDING I-140 petition for EB1 – EA CONCURRENT FILING

Receipt # OR A# OR DOB MM/DD/YYYY

Petitioner: XXX (Your full name in English) Spouse : XXX (Full name in English)

DATE: Dear Sir/Madam, OR Dear Officer,

Please accept this application for Adjustment of Status.

*This application is submitted concurrently with I-140 application.

Enclosed is the following: Petitioner XX XX G-1145 | E-Notification of Application/Petition Acceptance Form I-485 – XX XX Adjustment of Status Form I-944 – Declaration of Self Sufficiency Form I-765 – EAD Form I-131 – Advanced Parole Form I-693 – Medical Spouse XX XX Form G-1145, E-Notification of Application/Petition Acceptance Form I-485 – Spouse Full name Adjustment of Status Form I-765 – EAD Form I-131 – Advanced Parole Form I-693 – Medical Check for fee – Petitioner and Spouse

All required supporting documents are enclosed.

Please send all correspondence to the address below.

Thank you for your time and consideration.

SIGNED by you.

List of documents:

From each petitioner XXX and Spouse XXX

• 2 x Passport Pictures
• Receipt of I-140 petition for EB1-EA (not necessary if concurrently filing)
• Copy of long-form birth certificate(PLEASE CHECK you might need translation .)
• Copy of marriage certificate (if applicable)(PLEASE CHECK you might need translation .)
• Copy of divorce or death certificate (if applicable)(PLEASE CHECK you might need translation .)
• Copy of most recent US Visas from Passport
• Copy of most recent I-94 arrival & departure record.
• Scan of passport
• Copies of any I-797 INS / BCIS / USCIS Approval Notices. Receipts of I-140 petition for EB1-EA (not necessary if concurrently filing)
• Completed I-944 and additional documents
• Completed I-693 and I-693 Supplement 1 Medical Exam from USCIS Physician in Sealed Envelope.
• Criminal history
• (EB1 – Not necessary to have Affidavit of Support/Employment Letter)

(If filing for a temporary green card and travel papers include Form I-765 and I-131 for free concurrently with Form I-485)

• Copy of most recent I-94 arrival & departure record. Homeland Security
• Scan of Passport or prior EAD
• Receipt notice of I-485(not necessary if filing together with I-485)
• Current or expired visa or approval notice
• Evidence of reasons and/or necessity to travel

Check(cheque)/Form G1450 for TOTAL I-485 Filing fee and Biometrics

The I-485 Adjustment of Status (AOS) cover letter is not a requirement to your green card application, however, by following the tips and guidelines outlined in this article, you can collate a strong and effective cover letter that highlights any discrepancies or unique circumstances in your application. The key is to keep it short and not waste your officers time by making the letter easy to follow.

Good luck with your green card application!

If you need more information, a guide might benefit you – we used GreenCard.guide – read review here .

All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!

Read HOW TO APPLY HERE .

How many pages is the EB-1 cover letter?

This should be as short and succinct as you can make it. Aim for no more than 2 pages.

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• Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

Cover Letter for I-485 (including I-864, I-765, I-131)

By KathSkywalker March 13, 2014 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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48 posts in this topic

Recommended posts, kathskywalker   15.

I-485 Cover Letter

My Full Name

U.S. Citizenship and Immigration Services (USCIS)

P.O. Box 805887

Chicago, IL 60680-4120

March XX, 2014

Nature of the submission: I-485 Application to Register Permanent Residence or Adjust Status

To Whom It May Concern:

Enclosed please find Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-864 Affidavit of Support, Form I-131 Application for Travel Document, Form I-765 Application for Employment Authorization and all supporting documents. My eligibility is based on admission as the fiancé of a U.S. citizen and subsequent marriage to that citizen within 90 days of entry.

Contents include:

I-485 Application to Register Permanent Residence or Adjust Status

· Check: Payment in the amount of $1070 (Biometrics fee included)

· Form I-485 Application to Register Permanent Residence or Adjust Status

· Copy of my passport (biographical page and entry stamps )

· Copy of my passport page with K-1 visa

· Copy of Form I-797 Notice of Action (Approval Notice for I-129F)

· Copy of Electronic Form I-94

· Copy of my foreign Birth certificate

· Certified copy of Marriage Certificate

· Form G-325A, Biographic Information Sheet

· Two (2) Passport size photos

· Form I-693 vaccination transcription

I-864 Affidavit of Support Under Section 213A of the Act

· Form I-864 Affidavit of Support Under Section 213A of the Act

· Copy of federal income tax return , including W-2's for the years 2011, 2012, 2013

· Employment Certificate

· Copy of most recent pay stubs

· Copy of U.S. spouse passport page

I-765 Application for Employment Document

· Form I-765 Application for Employment Authorization

· Copy of Passport with nonimmigrant visa

· Certified copy of Marriage Certificate (to note the name change)

I-131 Application for Travel Document

· Form I-131 Application for Travel Document

· Copy of Form I-797 Notice of Action (Approval Notice)

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.

• issapropyl27 , dunebuggy and BWandSP

N400 Journey

01.15.2020: N400 Application sent 

01.17.2020: NOA Biometrics scheduled for February 05, 2020

02.05.2020: Biometrics done

03.02.2020: Interview was scheduled for April 20, 2020

03.31.2020: Interview de-scheduled due to Covid-19

09.02.2020: New interview date scheduled for September 21, 2020 Tampa

09.21.2020: Interview done - passed

09.24.2020: Oath Ceremony scheduled for October 13, 2020 Tampa

10.13.2020: Oath Ceremony done 🥰 💖

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May 19 2014

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Kathskywalker.

March 13, 2014

Hey guys, i'm about to file for AOS this week and just wanna check if i am missing something in my cover letter. Check this out I-485 Cover Letter My Full Name My Address U.S. Citizen

engineer21   51

Is your foreign birth certificate in english? If not, need to accompany that with translation.

Otherwise looks great!

Is your foreign birth certificate in english? If not, need to accompany that with translation. Otherwise looks great!

• 2 months later...

chapam   0

I would like to know if you had sent 3 certified copies of your marriage certificate? or just one for the three forms?

KayDeeCee   4,892

Hello, I would like to know if you had sent 3 certified copies of your marriage certificate? or just one for the three forms? Thanks

You only need to send the one copy with the I-485.

The OP added in a few extras that are not required, such as proof of citizenship for the USC petitioner/sponsor with the I-864, the copies of marriage certificate with the I-765 and I-131, and approval notice from something (I-129F?)with the I-131. None of those are needed.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

godsrule   7

Hi, I was not giving the i 94 form to fill at POE. What do I do about that while submitting for AOS ?

steve n songsang   45

sorry I don't have the link but search I-94 here and you will be directed to the site where you download and copy the electronic I-94.

9/16/2013-I-129-F Petition Rec`d-(Dallas lockbox, transfered to CSC) 9/19/2013-Notice Date- NOA-1 10/1/2013-Notice Date- NOA-2-I-129-F Petition Approved! 11/1/2013-NVC Rec`d I-129-F Petition 11/14/2013- U.S.Consulate- BKK Rec`d I-129-F 11/23/2013-Rec`d Packet 3 12/1/2013-Medical Exam 12/9/2013-Packet 3 sent to U.S. Consulate-BKK 12/16/2013-Rec`d Packet 4 1/22/2014-Interview/Approved! 1/25/2014-Rec`d Visa/Passport (Korat) 4/30/2014-POE-Chicago-O`Hare 5/1/2014-Successful S.S.# Application(Chicago office)Marriage License(Cook County) 5/2/2014-Married! 5/16/2014-AOS,I-765,I-131 package received by U.S.C.I.S. 5/19/2014-Notice Date- NOA-1`s 5/23/2014-Rec`d Biometrics Appointment Notice 5/30/2014-Early Biometrics(Chicago location) 7/26/2014-I-765 and I-131 Approved (card production) 8/01/2014-Rec`d Combo Card 9/10/2014-Rec`d Potential Interview Waiver Letter 3/20/2015-Filed form with CIS Ombudsman requesting assistance with AOS. 3/21/2015-Rec`d case# from Ombudsman. 4/03/2015-Sent I-765/I-131 renewal documents to U.S.C.I.S. 4/9/2015- NOA Notice Dates-I-765/I-131 renewal. 4/10/2015-NOA Notice Date-Biometrics Appt.for I-765/I-131 renewal. 4/27/2015-Biometrics Appt.for I-765/I-131 renewal.

5/22/2015-Rec`d RFE for expired Medical Exam.

5/23/2015-Rec`d Renewal Combo Card.

6/8/2015-Updated I-693 Medical Exam sent to U.S.C.I.S. (New York office)

6/20/2015-Rec`d Welcome Letter.

6/24/2015-Rec`d Green Card via U.S.P.S.

Ok thanks Steve. So I download it and fill it then add it to my package?

nothing to fill in, just get at least 3 copies, you need one each for I-485, EAD and I-131.

at I-94 DHS information

Thanks Once again Steve

https://i94.cbp.dhs.gov/I94/request.html

PalmTrees   34

K-1 Process:

09/03/13 - NOA1

10/22/13 - NOA2

02/25/14 - Visa Interview - Approved!

03/03/14 - Visa Received

04/08/14 - US Entry

06/05/14 - Wedding

AOS Process:

07/02/14 - NOA1s received for I-485, I-765 and I-131

07/23/14 - Early walk-in for Biometrics

09/04/14 - EAD Card Approved!

09/11/14 - EAD Card Received

Thanks Kaydeecee

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How to Write an I-485 Cover Letter - Sample & Tips

Form I-485 is used when an individual wants to adjust their residential status to lawful permanent resident (green card holder) without returning to their home country for an immigrant visa. For people of an immigration status wishing to obtain a green card, you may need a cover letter to tie all of your documents together in a neat package. In this article, we'll introduce the structure of an I-485 cover letter , and one of our I-485 cover letter samples.

• # I-485 Cover Letter Sample
• # I-485 Cover Letter Structure
• # Tips for Writing I-485 Cover Letter
• # How to Edit I-485 Cover Letter Template

I-485 Cover Letter Template

This is a free cover letter template for i-485. Free Download and customize it according to the sample text below.

Supported formats

I-485 cover letter sample (text).

Now that you've seen the structure, we've put together a short sample I-485 cover letter that you can use as a template to write your own I-485 cover letter. This I-485 cover letter sample uses a married couple as an example, but it would be easy to change in different circumstances.

Your street address City State Zip code

Month Day, Year

USCIS USCIS centre address

Re: Adjustment of Status Application (Family-Based I-130 Immediate Relative) Beneficiary: (insert your full name) Petitioner: (insert petitioner's full name)

Dear USCIS Officer,

I am writing to inform you of the list of documents included in this document packet. Please find my completed Adjustment of Status application for the beneficiary, (insert your full name), and the petitioner, (insert your spouse's full name）, who is a United States citizen, and my spouse.

Accompanied by this letter, the following documents have been enclosed to support this application:

• A check for （USCIS fees in USD for each form）.
• Form G-1145.
• Form I-130 for the petitioner.
• Form I-130A for the beneficiary.
• Form I-485 for the beneficiary, with two photographs included.
• Form I-765 for the beneficiary.
• Form I-131 for the beneficiary.
• A recent medical exam for the beneficiary.
• The beneficiary's birth certificate and a certified translation.
• A copy of the petitioner's birth certificate.
• A copy of the beneficiary's passport.
• A copy of I-94 Arrival/Departure Record.
• A copy of our U.S. Marriage Certificate.
• The beneficiary's divorce decree.
• The petitioner's I-864 petition and supporting documents.

If you happen to have any concerns at all about this application or any of the documents provided, please do not hesitate to contact me at (insert phone number).

Thank you for your time.

Yours sincerely, (Sign name) (Printed full name)

It's rare that you'll need to include any other information than this in a I-485 cover letter, due to the application as a whole. This should be more than enough as a cover letter for an Adjustment of Status application which concerns a family member.

Structure of an I-485 Cover Letter

The structure of an I-485 cover letter is fairly basis, but we've put together this quick guide to help you make sure that you've covered everything you need to:

• Your postal address.
• The date ("Month Day, Year").
• Address the USCIS and the add the address for the service centre you're filing at.
• Subject line ("Re: Adjustment of Status Application (Family-Based I-130 Immediate Relative)").
• Beneficiary's full name, petitioner's full name.
• Salutation.
• Reason for contacting the USCIS using full names.
• List of enclosed documents.
• Contact number in case of concerns.
• Closing salutation.
• Print full name.

Tips for writing an architecture cover letter

Writing an architecture job cover letter is the first opportunity you have in impressing an employer enough for them to consider hiring you. Even in the digital age a cover letter for architecture job is a very important thing to get right. The above architecture cover letter is a good starting template for writing your own letter. The below advice and tips will explain further what you need to write.

• Architecture is an extremely professional field to work in and first impressions count. Ensure you letter is properly laid out and formatted with a formal letter template and a readable font.
• Keep your cover letter short, one page is ideal.
• Write in the active voice (I started the architecture project) instead of the passive voice (The architecture project I started). This will sell you more directly.
• Make sure your cover letter is unique for the specific firm you are applying to. Avoid sending out a templated cover letter with the names and information changed on each. Write specific to that company’s requirements.
• Keep a positive and direct tone throughout the letter. At this stage provide a summary of your skills and experience to date such as your academic qualifications and the length you have been working in the field.
• Start to expand on this with some specific details of your experience. This candidate explains who they have been working for since graduation and the types of work they have been undertaking. Whilst being positive and selling yourself don’t provide too much information. You want to need a follow-up conversation to sell yourself further.
• As well as your specific projects outline what skills you have such as skills and software you are proficient in for delivering architecture projects.
• Start to apply all this practical skill and experience to your personality and how this all creates a package for you as a candidate. Sell yourself positively and illustrate how you as a person makes you stand out from other people applying.
• Employers also want to see that you have considered what it would be like to work for them. Explain what it is you like about their company (use examples if possible) and relate that to how you would fit into their working culture.
• Remind the employer that you are keen to get the job and would like the opportunity to discuss that matter further.
• Don’t send off your architecture cover letter before properly proofreading it. Typos and mistakes are likely to get your cover letter rejected on a technicality and not based on your actual skills. If possible get another person to read it over as well.

How to Edit I-485 Cover Letter Template

It is smart to send a PDF cover letter together with your resume, because PDF format becomes more and more popular nowadays. You can download the free PDF cover letter templates in our article and then edit it with a smart PDF editor, Wondershare PDFelement - PDF Editor . It will help you customize the contents of your I-485 cover letter with ease.

Step 1. Open the I-485 Cover Letter Template

Step 2. Click on "Edit" and Enter Your Text as You Like

Step 3. Complete and Save Your I-485 Cover Letter

Posted by Elise Williams to Updated: 2024-04-18 13:58:49

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Adjustment of Status: Form I-485 Checklist

Adjustment of Status (AOS) refers to applying for a lawful permanent resident status (popularly known as a permanent resident/PR card or a green card) when you are physically present in the United States.

This status alleviates the need to return to your native country to finish visa processing. In addition, AOS allows you to stay in the United States while your application is processed in case your visa expires before the approval of your green card.

The alternative when applying for a green card is to do so from your home country through the American consulate office in your country. The effect of a successful AOS is that your status changes from a nonimmigrant status to an immigrant status.

Applying for your green card through AOS can be complex and intimidating. There are countless forms, fees, processes, and regulations to consider, and you need to comply with the letter of the law if you expect to be successful. A minor oversight can cause significant delays in your application and, worse, cause your application to be rejected.

If you are adjusting your status or are considering doing so, it may be helpful to enlist the help of an Immigration Attorney in Texas  who can assist you in avoiding critical mistakes and in every step of the way.

Are you Eligible for the Adjustment of Status Application?

To apply for an Adjustment of Status (AOS), you need to

• Have an approved immigrant petition
• an available visa number
• physically present in the U.S.
• must not have entered the country illegally
• Admissibility under immigration law, which means you must not be falling under any category of inadmissibility, such as certain criminal convictions, health-related grounds, or security-related grounds.

Besides this, there are some specific scenarios of eligibility, such as:

• Immediate relatives of U.S. citizens are typically eligible. Preference categories also exist for other relatives.
• Priority workers, professionals with advanced degrees, skilled workers, and certain special immigrants are also eligible.
• Those granted asylum or refugee status may be eligible to apply for AOS after one year.
• Diversity visa lottery winners who are already in the U.S. may apply for AOS.
• Other special categories include U-visa recipients, certain abused spouses or children under the Violence Against Women Act (VAWA), and others.

To understand each category and its specific requirements and exceptions, it is important to get legal advice based on individual circumstances. Consulting with a skilled professional can help you better understand these things.

Which Documents Should I Submit With My I-485?

Since several documents need to be submitted along with your USCIS form I-485, it is helpful to use an adjustment of status checklist to ensure you don’t omit any in your submission. You can apply under an immigrant category specific to your circumstances:

• Family-based green card
• Employment-based
• Special immigrant
• Asylum or refugee
• Human trafficking victim or crime victim
• A general classification for other options.

Different categories require slightly different elements in each checklist. Our checklist is centered around the most popular category – the family-based category and includes the following:

• The completed  Form I-485
• Two passport-style photographs
• Form I-797  approval receipt of your nonimmigrant visa
• Form I-94  travel document
• A copy of the  Form I-693  medical examination results, if required
• A copy of the employment authorization document
• If applying for an employment-based green card, the job offer letter
• If applying for a marriage-based green card, the marriage certificate
• A copy of the green card approval receipt for you from the USCIS

When Do You Require an Adjustment of Status Checklist for an Interview?

It is normal to be called for a personal interview appointment after applying for AOS. This does not mean you have been singled out or shortlisted, the interview is there for verification of the information you have provided. It is advisable to prepare for your interview, and an adjustment of status checklist is a handy tool to help you prepare.

Checklist for Adjustment of Status Interview

Once again, this checklist applies to the family-based category, which is the most popular one. Your green card interview checklist should include the following:

• Government-issued photo ID. Typically your passport or even a government-issued driver’s license
• Appointment notice for an I-485 interview
• A copy of your entire adjustment of the status application packet, including Form I-485 and all other forms you submitted
• Originals of supporting documents that have been presented to the USCIS, along with the adjustment of status application. Most importantly, marriage, death, birth certificate, and divorce decrees
• Your passport
• Any other travel documents, such as an advance parole permit, in case you traveled while awaiting your interview
• Doctor’s report from the required medical examination as per Form I-693
• If the application is employment-based, an up-to-date employment verification letter evidencing continuous employment at a certain salary
• If applying based on marriage, originals plus copies of marriage certification documents

Preparing for the interview could be challenging because of the anxious state you must be in. Most applicants mess things up because they need to prepare for the possible questions that might be asked during the interview.

AOS Checklists for Different Visa Types

Checklists vary for different visa types under AOS. However, USCIS has some detailed checklists on its  website , which may prove helpful.

Three important things to note for your submission:

• Do not submit your checklist with your application.
• Do not submit original documents, as it’s unlikely you will get them back.
• Be sure to provide officially translated documents where the originals are in a foreign language. Be sure to use an accredited translator.

How Should You Organize Your Adjustment of Status Package?

There is no singular correct way to present your AOS package, but we do have a few suggestions for how best to do it.

First, what not do to:

• Do not simply put all the documents into an envelope and submit them.
• It is advisable not to use binders or folders that are difficult to disassemble.
• Do not use heavy-duty staples, which are difficult to remove; instead, use fasteners or heavy clips.

It is helpful to make the package as simple to navigate as possible. It should be easy for USCIS personnel to take out pages that they need without affecting the order of the documents.

We suggest using a ring binder with clearly demarcated sections and a two-hole punch to punch all pages so USCIS officials can easily access them.

USCIS does have a preference for the order of documents. Order the papers from front to back in the order given below:

• Check or money order or  Form G-1450, Authorization for Credit Card Transactions , to prove you have paid the filing fee. In case of payment via check or money order, complete the form you are filing along with the details of your A-Number or other identification details, if applicable, on the check or money order. 
• Form G-1145, Request for e-Notification  (if applicable).
• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative  (if applicable).
• Forms being filed
• Form supplements being filed, if applicable.
• Supporting documentation

For more detailed information, you can visit the  USCIS website .

Here is an example of a complete checklist for the spouse of a U.S. citizen filing a concurrent immigrant petition for an adjustment of status. This is for informational purposes only.

• Proof of payment – Check, money order, or credit card payment
• Cover letter with an index of contents
• Form G-1145, Request for e-Notification (if applicable)
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Supporting documents for Form I-485
• Form I-130, Petition for Alien Relative, followed by supporting documents
• Form I-130A, Supplemental Information for Spouse Beneficiary, followed by supporting documents
• Form I-864, Affidavit of Support, followed by supporting documents
• Form I-765, Application for Employment Authorization, followed by supporting documents
• Form I-131, Application for Travel Document, followed by supporting documents
• Form I-693, Report of Medical Examination and Vaccination Record

What Are the Timelines for an I-485 Adjustment of Status to Be Approved in 2022?

After filing your Form I-485 application, it can take between 8 and 14 months to be processed for family-based applications. The basis of your AOS (for example, family, employment, asylum) will affect the processing time.

At times, additional information is required by USCIS, and sometimes a second interview as well, which may add to the processing time of your application.

Your case status can be checked online using your receipt number. In addition, average processing times are listed on the USCIS website.

How do you demonstrate financial stability in an adjustment of status application?

To demonstrate financial stability in an Adjustment of Status application, the principal applicant must provide comprehensive documentation proving their ability to support themselves and any dependents. This includes proof of employment, such as recent pay stubs and evidence of sufficient income above the USCIS filing fees threshold. Bank statements, tax returns, and asset details can also be submitted. It’s essential for the applicant to include a long-form birth certificate with a certified transition, if applicable, and a copy of their permanent resident card.

Proof of lawful status, such as visa stamps and entry stamps in their passport, should be provided. Additionally, any sealed envelope from a civil surgeon and documents related to previous marriages must be continuously maintained and included, as specifically requested by USCIS.

What Will an Immigration Lawyer Do for You?

A skilled immigration attorney can help determine if you’re eligible for a green card. They can advise you on the AOS process, help you file Form I-485, assist you with any paperwork, and follow through to check your status.

The experienced immigration attorneys at Andrew T. Thomas Attorneys at Law have assisted countless people in obtaining their green cards. In addition, the firm provides a full range of citizenship and immigration services. So whether you wish to  Appeal Your Deportation Order  or require representation in  Immigration Court , we have you covered and would love to represent you. Contact us for an appointment today.

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Keep this letter as logical, methodical and short as possible. When filing your I-485 will letter will be placed on top of your visa packet. It is a formal letter explaining to the first person that opens your application that you have been approved your I-140 and are adjusting your statue. WARNING: This should only…

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A letter to your marriage-based i-485 uscis interviewing officer, practice areas, associations.

[Leer Post en Espanol]      [Ler Post em Português]

In this post, we will discuss what are the needed components for a letter to be made specifically for a US CIS marriage-based interviewing officer. 

At the time of the interview, you have already run the gauntlet. You have patiently waited, submitted countless documents, and have been studious in trying to do everything in accordance with immigration law. Now, the stressful, exciting, mysterious marriage-based green card interview awaits.

Throughout the process, everything has been documented and provided to USCIS. Our office recommends writing a letter to your interviewing officer as a way to introduce yourself, clearly document your relationship timeline, and help to quickly personalize your immigration filing. Although this recommendation is built for the USCIS Raleigh Durham field office, based on many years of filing with that specific office, this recommendation is applicable to any USCIS I485 interview based on marriage to a US citizen.

Again, the purpose of the letter is to introduce and provide a timeline. A marriage is built upon a relationship, and the relationship has many different phases. For instance, there could be a friendship phase, dating phase, engagement phase, and marriage phase. These phases build a timeline that can immediately introduce your relationship to an interviewing officer.

The letters requirements and restrictions:

• The letter must be only one page long. Meaning, one side of a sheet of paper. Officers are busy and introductions should be quick.
• The letter should have a meaningful spousal photo, that is clear, recent, and summarizes either a hobby or a memorable moment. A photo says 1000 words, so, even though the letter is one page long, it will still say a lot.
• Full names should be used
• When describing events, be sure to add geographical location, a date or season, and any meaningful circumstances
• A bulleted list like this one helps showcase the phases of your relationship
• Size 14 font to size 12 font
• 1-inch margin at the minimum
• Letter-sized paper, not A4 or legal size

Mailing requirements:

• Priority mail envelope
• A copy of the interview notice must be present with the letter
• Always confirm delivery

Now, with requirements and restrictions out of the way, an example or template is added below to assist you in modeling your letter. Since variety is the spice of life, please closely review the below items:

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Home » Blog » I-485 Checklist for Family-Based Applications

I-485 Checklist for Family-Based Applications

May 23, 2023 Apply for Green Card

As you get ready to apply for a green card from inside the United States, you need to file several government forms and supporting documents. Along with the Form I-485, Application to Register Permanent Residence or Adjust Status, most family-based application packages contain an immigrant visa petition, affidavit of support and other applications. This article provides an I-485 checklist and an overview to help you prepare your adjustment of status application package.

Getting Ready for Your Green Card Application Essential Forms to File with Form I-485 Necessary Supporting Documents Don't Forget These Items for Your I-485 Checklist Final Note About Concurrent Filing How CitizenPath Helps You Apply

This I-485 checklist addresses applicants with a family-based basis for filing the application. In other words, the principal applicant is eligible through a family member such as a spouse, parent, child, or sibling. The checklist covers only a typical situation and is to be used for informational purposes only. Because your specific situation could be different. To prepare your application correctly and get specific guidance on supporting documents, use CitizenPath to prepare your application .

I-485 Checklist: Getting Ready to Fill Out the Application

It isn’t practical to list every item you’ll need before you begin. However, there are some pieces of information that may take you some time to gather. As you prepare to fill out Form I-485, your pre-checklist should include the following information:

• Alien registration number (if applicable)
• Passport (even if expired)
• I-94 Arrival/Departure Record
• Receipt number (if you have a pending or approved I-130 petition)
• Address history for the most recent 5 years
• Employment history for the most recent 5 years
• Marriage and divorce dates for any previous marriages
• Any and all organizations you’ve been involved in

Again, the items above are not a comprehensive list of items. But these are the most common items that people need time to collect. If you like to have everything ready before you begin preparing Form I-485, gather this information before starting the application.

Essential Forms to File with Form I-485

When applying for a green card inside the United States, Form I-485, Application to Adjust Status, is the primary form. But U.S. Citizenship and Immigration Services (USCIS) will require virtually all applicants to file additional forms that support the I-485 application. It is common practice to file a “concurrent” package of forms. In other words, the forms are filed together. For family-based green card applicants, the forms in a typical adjustment package include:

• I-485, Application to Register Permanent Residence or Adjust Status
• I-130, Petition for Alien Relative
• I-130A, Biographic Supplement (if relative is a spouse)
• I-864, Affidavit of Support
• I-693, Report of Medical Examination and Vaccination Record
• I-765, Application for Employment Authorization (optional)
• I-131, Application for Travel Document (optional)

K-1 visa entrants who married within 90 days of entry would not file Form I-130 or I-130A. The previously filed I-129F serves as the visa petition.

For more details about the related costs, see the typical forms and fees for adjustment of status . Select the "family" option.

Necessary Supporting Documents

As with almost any USCIS form, you’ll need to submit documents that help support the information you provide in the application. Supporting documents are essentially evidence to corroborate the facts you state. For example, most applicants use a birth certificate to prove a birth date.

Your application is unique to you, and your list of supporting documents may be different than the next person. Unless an original document is specifically requested in your instructions, you may generally provide photocopies of all documents. For a typical applicant, an I-485 checklist of supporting documents should include:

• Government-Issued Photo ID Submit a copy of a government-issued photo identity document such as a passport or driver's license.
• Passport-Style Photos Send two color photographs of yourself that meet the State Department's photo requirements .
• Birth Certificate Submit a copy of your foreign birth certificate. If you cannot provide a long-form birth certificate which lists at least one parent, you may need to send alternative evidence of birth .
• I-94 Arrival/Departure Record Send evidence of your lawful entry to the United States. Most people can submit an I-94 record . If you are not sure about proof of your lawful entry, refer to your CitizenPath filing instructions or speak to an immigration attorney.
• I-797 Notice of Action If you already filed Form I-130, you will need to send a receipt notice or approval notice. For K-1 entrants, the I-797 should be the approval letter (indicating Form I-129F was approved).
• Proof of Lawful Status You may need to submit proof that you have continuously maintained a lawful status since arriving in the United States. However, immediate relatives may generally file Form I-485 after a visa overstay .

This is a "typical" list of supporting documents that applicants must submit with Form I-485. It does not cover all cases. In other words, USCIS may require you to submit additional evidence for your specific situation. For example, if your J status made you subject to the 2-year foreign residence requirement of INA section 212(e), you must submit documentation to show that you complied with the foreign residence requirement, have been granted a waiver of the requirement before filing Form I-485, or were issued a favorable waiver recommendation letter from DOS before filing Form I-485. CitizenPath can help you identify issues like these and provide additional direction on the exact supporting documents to add to your I-485 checklist.

Of course, this I-485 checklist list does not include the additional supporting documents for other forms that you may file with Form I-485. Please refer to CitizenPath's filing instructions for a specific list of supporting documents for each form.

Don't Forget These Items for Your I-485 Checklist

Translations.

Remember, any document containing a foreign language submitted to USCIS must be accompanied by a full English certified translation . The translator must certify the document as complete and accurate and that he or she is competent to translate from the foreign language into English. The translator may be a family member, but it is generally recommended that the translator not be the petitioner or beneficiary.

Filing Fees

Don’t forget to include the USCIS filing fees. If filing the I-130 petition, you'll also need to include the I-130 filing fee. You may use check, money order, or credit/debit card to pay the USCIS adjustment of status fees.

Traditionally, I-485 applicants have benefited from some significant fee exemptions. At the time of writing this article, adjustment of status applicants do not need to pay filing fees with Forms I-765 (employment authorization) and I-131 (advance parole). What's more, children age 13 or younger get a reduced I-485 fee when filing with at least one parent. USCIS has announced the intention to discontinue these benefits in 2023.

New USCIS Fee Increase Published by Biden Administration

Final note about concurrent filing.

Adjustment of status packages can be a little overwhelming. For most family-based applicants, they include many forms and lots of documents to organize. It can be tempting to leave out certain hard-to-obtain documents and submit them later.

There are good reasons to file concurrently. It is in your best interest to provide USCIS all the information they need to make a decision. Leaving information out because you don't have it yet, will generally lead to delays in your case. Although there are always exceptions, we generally recommend people file a complete I-485 package.

The same goes for forms. Mandatory forms should always be included with your adjustment package. Optional forms, such as Form I-765 (employment authorization) and I-131 (advance parole) can be filed at a later time. Since there is no additional USCIS filing fee, it makes sense to file them concurrently. They both take approximately four months to approve. When you decide you need it, you'll probably want it more quickly than USCIS will provide the benefits.

RECOMMENDED: How to Assemble an Adjustment of Status Package

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Adjustment of Status Application (I-485) , Petition for Alien Relative (Form I-130) , and several other immigration packages .

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Tips for Filing Forms by Mail

This page contains tips for filing forms by mail.

Many USCIS forms can be filed online. You can review the list of Forms Available to File Online , check out the Benefits of Filing Online , and learn how to Create a USCIS Online Account . If you are filing online, see our Tips for Filing Forms Online page.

You may download and print forms for free from the  All Forms  page. You may also order forms that are not available to file online on our Forms by Mail page.

Please be sure to carefully read and follow the form filing instructions. Form fees, eligibility requirements, fee waiver eligibility, required documents, and mailing addresses vary depending on the form you are filing and why you are filing it. These tips will help ensure we accept your application, petition, or request package for processing.

• Remember to sign your form in the space provided for your signature. We will reject and return any unsigned form.
• Use the current form edition. You can  download forms from our website , complete them electronically, and then print your forms to submit by mail. If you need help downloading and printing forms, read our instructions .
• Do not mail a form that you have already submitted online.
• If you hand write your answers, use black ink. Make sure that everything you write on the form is clear so the information you provided can be clearly read when we process your form.
• Ensure that the form edition date and page numbers are visible at the bottom of the printed pages and that all pages have been completed with the same edition of the form. If any of the form’s pages are missing or have been completed with a different edition of the form, we may reject your form.
• Complete the entire form unless the form directs you to skip one or more items. If you do not complete all parts of the form we may reject your submission for missing information. If you make an error, start over with a clean form.
• Do not use highlighters or correction fluid or tape. The scanners we use will not properly read information that is greyed out, highlighted or corrected using correction fluid or tape.
• If filing multiple forms, write your name, date of birth, and A-Number (if any) exactly the same way on each form (unless you have had a legal change of name or date of birth and provide proof of such).
• Pay the correct  fee . We will reject forms submitted with incorrect or incomplete fees. Use the  Fee Calculator  to help you determine the correct fee.
• If you are filing multiple applications, petitions, or requests, we recommend sending separate payments for each application, petition or request, otherwise if one payment is submitted and one of the applications, petitions, or requests is rejected, all others will be rejected as well.
• Check or money order  or Form G-1450, Authorization for Credit Card Transactions . If you are paying by check or money order, write the form you are filing and your A-Number or other applicable identification on the check or money order. If you are paying with a credit card, see our Pay with a Credit Card webpage.
• Form G-1145, Request for e-Notification (if applicable).
• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable).
• Form being filed.
• Form supplements being filed, if applicable.
• Submit the documents or evidence listed in the form instructions.
• Supporting documents must be in English or accompanied by a complete English translation which the translator has certified as complete and accurate. The English translation must be accompanied by the translator's certification that they are competent to translate from the foreign language into English.
• Are not blurry or faded;
• Do not have streaks or toner lines;
• Are not upside down, lopsided, skewed, or distorted;
• Do not have text that is obscured or missing due to folded pages; and
• Have pages that are completely illegible.
• Do not  send the original documents unless specifically requested in the form instructions or applicable regulations. If you send original documents with your form when not required or requested, USCIS may destroy them in accordance with the Federal Records Act and applicable U.S. National Archives and Records Administration-approved general retention schedules or agency-specific retention schedules. We will not return original documents to you automatically.
• In most cases, a copy of a USCIS notice, if available, is acceptable evidence of a prior, related filing. If you prefer to provide a copy of a complete prior application, petition, or request in support of a new filing, please be sure that the prior application, petition, or request is clearly marked as a “COPY” at the top of each page to ensure it is processed as intended.
• All forms and supporting documents submitted must be single-sided, standard 8½ x 11 letter-size pages.
• Please do not submit evidence using digital media, photo albums, scrapbooks, or binders, which cannot be processed and will be returned to you.
• When providing photos or other attachments, please provide your name at the top of the page or on the back of any photos. If you send original photos with your form, they may become part of the record or be destroyed.
• You may number support pages and include the total number of pages being attached (for example, “page 1 of 11”).
• If you forget to send in supporting documentation with your benefit request package, please do not submit them in a separate package to a USCIS lockbox. Please retain the supporting documents so they can be submitted later, if requested by USCIS.
• Mark the envelope and the cover letter with the nature of the submission. For example,  Original Submission, Application to Register Permanent Residence or Adjust Status (Form I-485) .
• Mark the envelope and the cover letter with the form number. For example, Form I-129, Form I-360, Form I-485, or Form I-589.
• Do not use binders or folders that we cannot easily disassemble.
• Do not use heavy-duty staples. Instead, use fasteners or heavy clips to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.  Note: this is only applicable when submitting filings at a USCIS lockbox location. We recommend that you do not use fasteners, hole punch, staple, paper clip, binder clip, or otherwise attach documents to one another when filing directly with a USCIS service center or the Asylum Vetting Center as that may cause delays in scanning the documents into the electronic database systems.
• Sticky tabs assist in locating items listed as attachments. For easy filing, place the tabs on the bottom of the page, not the side.  Note: this is only applicable when submitting filing at a USCIS lockbox location. We recommend that you do not place sticky notes on documents when filing directly with a USCIS service center or the Asylum Vetting Center as that may cause delays in scanning the documents into the electronic database systems.
• If you are sending more than one case in an envelope, clearly separate the cases by rubber band or fasteners as noted above.
• If you are resubmitting the packet in response to a Request for Evidence, please place the notice requesting the additional evidence/information on the top of the packet.
• If you are submitting evidence in support of a previously filed appeal or motion, place a cover letter with  “Brief for (Appeal/Motion)”  on top of the packet.
• If you are requesting premium processing service, submit only one Form I-907 for the associated, eligible form (such as Form I-140 or I-129).
• When addressing the package, be sure to enter the complete address provided on the USCIS website, including the Attn: line, which helps to ensure the application, petition, or request is processed and routed correctly for the type of filing.
• Mail your forms to the address listed on that form’s webpage. You may submit your forms through USPS, FedEx, DHL, or UPS.
• We encourage you to save a copy of your payment, along with any tracking number provided by the courier, for your records and to allow you to verify the status of its delivery.
• If you mail your application, petition, or request to the wrong filing location, we may reject it as improperly filed and return it to you to re-file.
• Forms that are not available to file online are available by mail on our Forms by Mail page. Download and print forms for free from the  All Forms  page.

Green card for PhD, self petition, NIW requirements, NIW DIY package

Documents checklist for I-485 (National Interest Waiver)

November 22, 2013 By Veronika 77 Comments

This post shows a list of documents required for I-485 petition (Application to Register Permanent Residence or Adjust Status) and optional petitions I-765 (Employment Authorization Document) and I-131 (Advance Parole Document). This is easier part of National Interest Waiver green card process – very straightforward and quickly completed in opposite to I-140 (Immigrant Petition for Alien Worker).

We did not file our I-485 petitions together with I-140 ( non-concurrent filing ). Instead of that we waited till our I-140 was approved . The reason for that are money. If we file concurrently, meaning I-140 together with I-485, we would risk losing all the fees (thousands of dollars) if the case is denied. On the other hand concurrent filing may save significant amount of time and allows for immediate filing for work and travel permit (I-765 and I-131).

Can I apply to adjust status (I-485)?

USCIS states that you may apply to adjust your status if an immigrant visa number is immediately available to you based on an approved immigrant petition . Read the Visa Bulletin “Employment – Based Preferences” at Department of State website to ensure your priority date is current before you file your application .

Following documents may be included in I-485 petition.

Petition letter

We added signed petition letters explaining what documents are in the package and how it is organized .

Form I-485 (Adjustment of Status)

Current version of the form I-485 must be properly filled and signed . I-485 application must be submitted with the required initial evidence described below.

Required fees

Filing fee for form I-485 is currently $1,140 and additional biometrics fee is $85 (required for applicants ages 14 to 78), in total $1,225 per person. Please check current fees at USCIS instructions . USCIS states that you may submit one check or money order for both the application and biometrics fees. Make the check or money order payable to U.S. Department of Homeland Security (NOT just USDHS or DHS).

USCIS further informs: if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131 .

Initial evidence – general tips

USCIS website says that unless specifically required, a legible photocopy may be submitted, originals will not automatically be returned. Please note that submitted evidence mentioned below are copies of documents not originals.

Any document containing a foreign language submitted to USCIS must be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

Identification documents

Copies of following documents should be submitted:

• birth certificate with certified translation if necessary
• passport page with biometric data

Evidence of Eligibility

USCIS says: attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative petition that, if approved, will make a visa number immediately available to you.

Since we filed I-485 non-concurrently we have attached approval notice (I-797) of my husband’s I-140 (National Interest Waiver).

Documents regarding non-immigrant status

Applicant must prove that his / her non-immigrant status was properly maintained . We submitted copies of:

• approval notices I-797 of current and all previous non-immigrant statuses
• current and all previous I-94 forms (front and back)
• current and all previous visa stickers from passport
• paychecks from employer – we submitted all paychecks but we have read that sometimes people submit only recent paychecks

Two identical color photographs of applicant taken within 30 days of the filing of this application are required. These photos must meet following criteria:

• passport-style photos (2″ x 2″)
• head height should measure 1″ to 1 3/8″ from top of hair to bottom of chin
• eye height is between 1 1/8″ to 1 3/8″ from bottom of photo
• white to off-white background
• printed on thin paper with a glossy finish
• unmounted and unretouched
• lightly printed applicant’s name and Alien Registration Number (A-Number) on the back side

(Form G-325A) – no longer required

Official USCIS instructions for I-485 form states: Form G-325A is no longer required . You do not need to submit a separate Form G-325A with this Form I-485. Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.2(a)(3)(i) by collecting the biographical information formerly required on Form G-325A.

Public Charge Rule – Form I-944 and Evidence

USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide … on Feb. 24, 2020 .

The final rule requires applicants for adjustment of status who are subject to the public charge ground of inadmissibility … to report certain information related to public benefits .

Form I-944, Declaration of Self-Sufficiency, is used by an individual to demonstrate that he or she is not inadmissible based on the public charge ground (Immigration and Nationality Act (INA) section 212(a)(4)). An alien is inadmissible … if he or she is more likely than not at any time in the future to receive one or more public benefits, as defined in 8 CFR 212.21(b), for more than 12 months in the aggregate within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months).

We evaluate whether you are inadmissible by weighing all the positive and negative factors related to your age, health, family status, assets, resources and financial status, education and skills, prospective immigration status and period of stay.

Now, let’s see what is required in this form I-944.

Part 1 asks for a classic information about you which you already filed so many times: your name, address, A-number.

Next is USCIS online account number if you have any (not the same as A-number), date and place of birth, country of citizenship or nationality.

Part 2 requires to file information about you again and members of your household as well.

If not already provided with your Form I-485, provide evidence of your relationship to each individual (such as a birth certificate or marriage certificate).

In Part 3, you will be providing information about your assets, resources, and financial status, as well as the assets, resources, and financial status of all other household members .

List your and your household members’ annual gross (total) income from the most recent federal income tax returns, if any.

You must provide an IRS transcript(s) of your Federal income tax returns for the most recent tax year and the IRS transcript(s) of the household members whose income you are including.

I have just tested this service and it is pretty easy and fast. It took me 10 minutes to get this transcript online . They will ask a few questions (name, address, SSN etc.) to verify your identity. Then you must create your account and there you can obtain various records including this tax return transcript .

Household’s Assets and Resources  – list only the assets that can be converted into cash within 12 months . If you or a household member owns a home , you may include the net value of your or the household member’s home as an asset. You must include documentation.

You may not include the net value of an automobile unless you or your household member shows that you or your household member have/has more than one automobile , and at least one automobile is not included as an asset.

If you list assets or resources, submit evidence of the value of your or your household member(s)’s assets. You must include the name of the asset holder , a description of the asset, proof of ownership , and the basis for the owner’s claim of its net cash value . Evidence of assets and resources include:

• Checking and savings account statements – you must provide account statements from the bank(s) covering at least 12 months prior to filing the application
• Stocks and bonds (cash value) / certificates of deposit
• Retirement accounts and educational accounts
• Net cash value of real estate holdings
• Any other evidence of substantial assets that can be easily converted into cash.

Provide a list of all your liabilities or debts. Examples of liabilities and debts include mortgages , car loans , unpaid child or spousal support, unpaid taxes, and credit card debt . Provide documentation for each liability or debt.

USCIS will review your U.S. credit report and the credit score submitted with your declaration, if available, to review your financial status. If it is available, identify the latest credit score number .

Provide a U.S. credit report generated within the last 12 months prior to the date of filing .

Indicate whether or not you have ever filed for bankruptcy, either in the United States or in a foreign country .

If you currently have health insurance , provide the following:

• For each policy, a copy of each policy page showing the terms and type of coverage and individuals covered; or
• Letter on the company letter head or other evidence from your health insurance company stating you are currently enrolled in health insurance and providing the terms and type of coverage; or
• The latest Form 1095-B, Health Coverage; Form 1095-C , Employer-Provided Health Insurance Offer and Coverage (if available) with evidence of renewal of coverage for the current year .

Indicate whether or not you have received a Premium Tax Credit or Advanced Premium Tax Credit for your health insurance. Provide a transcript copy of the IRS Form 8963 Report of Health Insurance Provider Information, Form 8962 Premium Tax Credit (PTC), and a copy of Form 1095A, Health Insurance Marketplace Statement.

Provide the annual amount of deductible or annual premium of your health insurance. Provide documentation of the amount of deductible or premium.

Indicate the date when your insurance terminates or when it must be renewed and provide documentation.

Please provide the information requested about your (the alien’s) application or certification for, or receipt of, public benefits. Please provide all requested information about each public benefit regardless of amount or duration, as USCIS will calculate the duration of the public benefit.

There is a lot more depending on your situation, please check my detailed post at my EB1A blog or real life complete example in my DIY kit .

Form I-693 (Report of Medical Examination and Vaccination Record)

Only a doctor who is currently specially designated by USCIS as a civil surgeon may perform the medical exam and complete the form I-693. You can find civil surgeon by entering your ZIP code at USCIS locator website.

The applicant is responsible for paying all costs of the medical exam, including the cost of any follow-up tests or treatment that may be required. We paid $200 per person.

The whole procedure took us 2 days to get completed form I-693 but it might be longer depending on applicant’s results. Note that the results of the medical examination are generally valid for only 12 months.

Applicant must print current version of form I-693 and fill out (black ink) only Part 1 and identifying information at the top of each page (name and A-number if any) before he / she goes to medical exam .

USCIS further requires: do not sign the form until the civil surgeon tells you to sign. You must sign Form I-693 in the presence of the civil surgeon . The civil surgeon will ask you to verify your identity . Take a government-issued photo identification to your appointment – valid unexpired passport or driver’s license or birth certificate (with translation, if necessary) etc. Also take any vaccination records you may have to the appointment. Our civil surgeon accepted international vaccination record (in English) as a proof of earlier vaccinations from our home country.

The actual medical exam didn’t take more than one hour. They made a Tuberculin Skin Test (TST) first and then some usual steps like listening of deep breath etc.

Doctor also confirmed that we don’t need any other vaccination based on our international vaccination record. USCIS requires vaccinations to prevent following diseases:

• haemophilus influenzae type b
• hepatitis A
• hepatitis B
• meningococcal
• pneumococcal

But several of these vaccinations are not recommended for adults and thus it is not required to have all of them. Civil surgeon will evaluate what vaccines are medically appropriate for you and can administer them to you.

Another medical conditions which are evaluated and may potentially affect the final qualification for immigration are:

• communicable diseases of public health significance (in addition to tuberculosis and syphilis) – chancroid, granuloma inguinale, gonorrhea, lymphogranuloma venereum, leprosy
• physical or mental disorders with harmful behavior
• drug abuse or addiction

Civil surgeon sent us to another facility to make syphilis blood test . Results were sent back to civil surgeon afterwards.

After two days we went to follow-up exam to civil surgeon’s office – they checked the reaction on TST made previously. The marks on our skin were within the limits so chest x-ray wasn’t required.

We proceeded to final paperwork . We were allowed to check everything in the form before they sealed it. Despite this fact we missed some minor mistakes – unfilled parts which should be filled, not appropriate marks on sealed envelopes etc. However those didn’t have any effect on final result of our Permanent Residency application.

Next time I would study official instructions more carefully and take them with me to show it to the staff if necessary (they should know them but it doesn’t prevent the paperwork from mistakes). Here are the most important points from USCIS instructions:

• civil surgeon will fill out Worksheet, summarize the results in Part 2 and include the results of any lab work
• civil surgeon will give a copy of the completed and signed Form I-693 and any supporting documentation to the applicant
• civil surgeon will place the original of the completed and signed Form I-693 and any supporting documentation into an envelope, and then seal the envelope; on the front of the envelope will write in capital letters: ” DO NOT OPEN. FOR USCIS USE ONLY.”; on the back of the envelope will write his / her initials across the seal where the flap of the envelope and the envelope meet; and will seal the entire flap with clear cellophane tape – USCIS will not accept Form I-693 if it is not in a sealed envelope

Work statement

Instructions for form I-485 also mention: If you filed Form I-140 as a self-petitioner, you must intend to work in the occupational field specified in the Form I-140. You must provide a signed statement confirming this intent, unless you are filing Form I-485 together with your Form I-140. Check example of this statement in DIY kit .

Employment letter

We submitted letter on employer’s letterhead that mentioned job title, institution, salary and duties (all information corresponded with data filled in all forms).

Documents regarding dependents

USCIS allows filing: based on derivative status as the spouse or child of another adjustment applicant .

Our both petitions (main applicant’s and dependent’s) included also documents showing our relationships: marriage certificate, birth certificate of our daughter (mentioned in the forms) etc.

Copies of documents showing the legal termination of all other marriages must be also included if applicable.

Form I-765 (Employment Authorization Document)

Applicant may submit this optional petition to get faster work permit . Properly filled and signed current version of the form I-765 must be accompanied by following documents:

• copy of applicant’s last EAD (front and back); if no prior EAD, applicant must submit a copy of a government-issued identity document showing applicant’s picture, name and date of birth (for example passport, visa, birth certificate with photo ID, national ID document with photo and/or fingerprint etc.)
• two identical color photographs of applicant taken within 30 days of the filing of this application (same requirements as in the case of I-485 petition already mentioned above)

Form I-131 (Advance Parole Document)

This optional petition serves for travel purposes outside of the United States. According to USCIS form instructions: if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document .

Your application for adjustment of status generally will not be deemed abandoned , even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following nonimmigrant classifications , and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:

• H-1 temporary worker, or H-4 spouse or child of an H-1
• L-1 intracompany transferee, or L-2 spouse or child of an L-1
• K-3 spouse, or K-4 child of a U.S. citizen
• V-1 spouse, or V-2/V-3 child of a lawful permanent resident

USCIS requires filled and signed current version of the form I-131 and following initial evidence:

• copy of an official photo identity document showing your photo, name, and date of birth (Employment Authorization Document, valid government-issued driver’s license, passport identity page etc.)
• copy of any document issued to you by USCIS showing your present status
• explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole Document; or copy of a USCIS receipt as evidence that you filed the adjustment application
• two identical color photographs of you taken within 30 days of the filing of this application (same requirements as in the case of I-485 already mentioned above)

Please note, that this is not a complete list of documents which might be needed. USCIS requires to submit another documents for example arrest or conviction record, police clearances etc. However, these documents are usually not applicable for typical National Interest Waiver petitioners.

If you need to see how this application look like we provided our I-485 petition as a part of our DIY kit . Or you can get I-485 DIY kit as a separate package if you don’t need the whole NIW petition.

Any other tips? Please share your experience in comments.

January 17, 2014 at 10:00 am

Hi, I have a question regarding your case. I’m trying to decide what’s the similarity/difference between you guys and us. When you submit you and your husband’s I-485s, were you under a H-4 ? Thanks.

January 17, 2014 at 12:05 pm

Hi juneyi1, yes I was H4 visa holder, my husband H1B.

July 7, 2014 at 7:25 pm

Thanks for the valuable information. I have two questions: 1. How is the filling of I-485 different from the described above if filed concurrently with I-140? 2. Can I-485 be filed separately from I-140, but before a decision on I-140 is made? 3. How much time does it take to prepare and file two I-485s?

July 7, 2014 at 11:10 pm

thanks for your feedback I appreciate it. I don’t have experience with 1. & 2., I would start to research probably from here: http://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing . Third question – I needed approx. 55 hours for two I-485/I-765 petitions, but I count everything (proper research, preparing everything and double check of all documents). It could be probably less with the help of information published here…

September 27, 2014 at 9:14 am

Hi, A quick question: The I-485 application for spouse should be a separate packet of application or could it be filed together with the main (two I-485s together) application?

Thanks much,

September 27, 2014 at 10:50 am

we submitted all in one package with cover page on top describing that there are two petitions inside.

October 28, 2020 at 8:22 pm

Hi Veronika,

on that note, how did you stack the two petitions in your package?

– Form 1 for both, Form 2 for both, … Form N for both; or – All forms for primary petition, all forms for dependent’s petition

If you chose the second route, did you use two separate fasteners for the two petitions?

Thank you for the informative post and all the helpful comments!

October 28, 2020 at 8:26 pm

we did second option – primary applicant (my husband) had separate petition with all forms, one fastener. Next was my dependant’s separate complete petition, second fastener.

Hope it helps.

Veronika, founder of EB2 NIW blog

November 1, 2014 at 2:12 pm

My husband purchased for your kit and I should say it is very helpful. You did a really good job 🙂

Now our all documents are around 750 pages. We know that we must use heavy clips or ACCO fastener to hold all of them together, however, we could not find neither a fastener nor a clips that could hold the whole 750 pages together!

I was wondering if you have any suggestion for us!

November 1, 2014 at 4:53 pm

Hi Saeedeh,

thank you for the purchase and your feedback, I appreciate it!

Regarding your question – I had to solve exactly the same problem. I didn’t find any appropriate fastener which could hold together so many pages. So I divided the whole application in two parts and put it in one package. There were also tabs on the bottom side going from 1 up so if somebody accidentally lose first part it should be clear that something is missing because numbers are not going from 1. Look at the picture in your purchased kit in Start guide – this package is from two parts, one part put on another.

Good luck to you guys!

January 29, 2015 at 12:17 pm

Question about the I-485 application: are you required to send your application to a particular service center (Vermont, CA, Nebraska, etc) based on your location or can you pick any center and take advantage of the shorter processing time of some of the centers? Thank you

January 29, 2015 at 2:03 pm

Hi Mariana,

thanks for your question. Unfortunately first option you suggested is correct (required to send your application to a particular service center) It is based on where you live and also if you file with I-140 or separately. Please check the current addresses here: http://www.uscis.gov/i-485-addresses Veronika, EB2 NIW team

January 29, 2015 at 3:03 pm

Thank you for your informative weblog. I have a question regarding I-485 filing.

My I-140 petition has been pending for approval since last month and I would like to file my I-485 ASAP. I have heard that sending the Form W2 and Tax Return documents for the past 3 years along with other documents would help the approval of I-485. This is my question: Does that really help the case to send the W2 and tax return documents? How about sending those documents for only the 2014 tax-year? Please notice that I have already provided all my paychecks.

January 29, 2015 at 3:12 pm

Hi Shaban, we didn’t send W2 and tax return documents, only paychecks and were approved quite fast. However, I have seen that some people send all of them.

January 29, 2015 at 3:17 pm

I really appreciate your prompt reply. Do you know by chance for what reason the tax return documents would be needed?

January 29, 2015 at 3:20 pm

good question – maybe they want to see that you paid taxes properly? But that is just my quick guess, in fact I have no idea and have no experience…

February 20, 2015 at 10:04 am

Hi, I was wondering – how long did it take for your I-485 to be approved? Do you have an idea of what typical times for I-485 processing are and if these vary according to filing category? It seems that I-485 approvals for EB2 applications take quite a long time sometimes, but I can’t tell if there is a difference between processing times for employer sponsored petitions vs NIW. Thank you!

February 20, 2015 at 10:24 am

Hi Iliyana,

our both I-485 petitions were approved in 57 days which was better than average. Processing time is definitely different in various categories, NIW seems to be faster than most of others. I didn’t check the latest data, but you can do it at official USCIS website by entering service center and type of application (check it here https://egov.uscis.gov/cris/processTimesDisplayInit.do ). Hope it helps.

Veronika, EB2 NIW team

February 25, 2015 at 3:11 pm

Great information. Thank you

July 19, 2015 at 2:31 pm

This web site is very useful to me. I self applied I-140 and got it approved. Now self filing for adjustment of status. I want to apply for my self and my son who is with me in the US ASAP. My question is there a time limitation before I should apply for my husband. This is because my husband is doing a job in my home country and do not plan to retire immediately and come and live here. Would I be able to add him to the green card after 2 or 3 years?

Thanks Anomaa

July 19, 2015 at 7:07 pm

first of all congratulations! And thank you for your feedback. Unfortunately, I don’t have experience with the situation you described. I am sorry.

July 24, 2015 at 6:05 pm

Hi Veronica,

Thanks for the reply. I am preparing for filing I-485 for my self and my son. I am relying on your website for self application. Thank you for sharing your experience. As for you and others information I cannot apply for my husband right now as he is not in the US. If I have to apply later I need to file I-130 again to include him.

July 24, 2015 at 7:22 pm

thank you very much for information. I appreciate it!

Veronika, EB2 NIw team

September 7, 2015 at 6:17 pm

Hi The NIW and green card application are two different process?. I should pay to the lawyer first for an aproved NIW and next pay for the application of the green card? Thank you

September 7, 2015 at 6:44 pm

Hi Carolina,

NIW green card might be submitted in “two rounds” – 1) I-140 and 2) I-485. Or it might be submitted together, it is up to you. We did I-140 first because in case of denial we wouldn’t lose money paid for I-485 (potentially could save thousands of dollars). You can also decide if you want to pay lawyer or do it by yourself. We created this website to show people how we did it without lawyer. Don’t hesitate to ask anything you need, I am here to help.

Veronika EB2 NIW team

September 11, 2015 at 1:31 pm

I am trying to put together I-485 application for me and my husband, with me as the primary applicant. We are planning to apply cross-chargebility as my priority date is not current. Do you have any packages for that? How much is your usual package? I am trying to make sure I have the correct legal language in my petition letter.

Thank you, Sanjeevani

September 11, 2015 at 8:38 pm

Hi Sanjeevani,

here is our DIY package:

https://www.eb2niw.com/niw-do-it-yourself-kit/

which is currently $99.

I don’t have direct experience with cross-chargeability because we had priority date current. However, I have read at a few lawyers’ websites that they request applying for cross chargeability in petition letter submitted with I-485 and explain why. They add also supporting evidence in the form of translated birth certificate of spouse, marriage certificate etc. (we did this anyway in our application too). They also recommend using bright-colored cover page of the whole application package and cross-chargeability request in bold lettering on it.

I have seen these recommendations at multiple attorney firm websites and couple forums as well (NOT an official information from USCIS). Please note, that I am not a lawyer, I just quoted what I have read there. Don’t take this as an legal advice what to do.

Hope it helps. Don’t hesitate to ask in case of any other questions.

October 21, 2015 at 3:00 pm

I just noted your website. And appears to be very useful for a common immigrant. Have some questions specific to my case.

I have approved I-140 (EB2 from previous employer. current didnt start yet). Have more than 12 years of experience. Have MBA from best institutes and MS (with full scholarships) as well as BE. Had very good (and long) industrial experience. Depending on project, salary (was among top 1%). Not much publications. Planning to start company within same field with friend (I cant because I am on H1b). He has already registered company.

Do you think I should apply under NIW? Does your kit provides some guidance for situations like mine. Please feel free to leave a message on email id. Thanks, KB

October 21, 2015 at 8:15 pm

thank you for sharing your credentials, I appreciate it!

However, I am not a lawyer and thus I am not allowed to give anyone my opinion on particular case. You can try to send your credentials to several law firms, just google “free niw evaluation”. They usually do this initial consultation for free. They might say “no” to you which doesn’t necessarily mean that you don’t have a chance. I know people who were refused by lawyers but were successful. But it might give you an idea how hard it will be.

I am allowed to give just general information – NIW is not tied to specific employer so for many people it is a good option when employer cannot sponsor their green card.

I think that you can also find valuable to read all our blog posts which I wrote about the whole process. This should give you some idea if this is a good option for you. I know it is overwhelming, there is a lot to read. You might find useful our ebook which is better organized ( https://www.eb2niw.com/niw-petition-how-to-guide/ ). Let me know if you have any other questions.

January 22, 2016 at 8:17 pm

Thank you verrryy much!!! The invaluable information on your website guided us (my wife and I) to successfully petition for the NIW and subsequently permanent resident. We literally followed all the tips and and information that you provided. We submitted our I-140 on August 28, 2014. I was the primary petitioner (I included my wife), and we received I-140 approval notice on May 14, 2015 (that was a long wait). We submitted our I-485 and other documents on June 10, 2015 and received approval notice on August 24, 2015 after going for cliometric ; permanent card mailed on September 2, 2015 and we received our PERMANENT RESIDENT CARDS on September 5, 2015. GOD IS GOOD.

We are truly grateful. Please keep up the good work; you are making a difference in people’s lives.

January 22, 2016 at 8:42 pm

what a great news, congratulations! Thank you very much for your message, we are really happy for both of you guys! Also it is very heart warming to know that we helped you a bit to reach it, amazing!

Enjoy your freedom 🙂

Veronika Founder of EB2 NIW project

March 15, 2016 at 11:48 pm

I have a question regarding filling an I-485 for a minor.

My daughter is 7 years old and I am confused on which box to check in section 5 (signature). Can I check the first box of the applicants statement or check the interpreter statement ?

Also, do I have to sign part 6 of the form being the person who prepared the form on my daughter’s behalf.

I am really confused and would appreciate some walkthrough on my question.

Best regards and thanks.

March 16, 2016 at 1:15 pm

I don’t have direct experience with filing I-485 for kid, I am sorry.

March 16, 2016 at 7:47 pm

Thanks Veronika.

March 27, 2016 at 8:51 am

My i 130 was aproved and my husband is the one who filling for me, the i485 that i need to apply and send out what do i need to send with it. Im so nervous maried for 10years im just now applying for my green card.

March 28, 2016 at 11:04 am

we have DIY kit for I-485 where we show how our whole application looked like including all documents and additional forms. You can find it here : https://www.eb2niw.com/i-485-do-it-yourself-kit . Note: we did this after approval of I-140 and it might be slightly different than for I-130. Good luck!

April 4, 2016 at 6:37 pm

Hi, I have recently realized that I have mistakenly filled form 1040 for my tax return (1040 is for residents and non-residents should fill 1040-NR) throughout these years (for 2012, 2013, and 2014). I have not yet filled my 2015 tax return forms. Is that going to be an issue? What should I do regarding that?

April 4, 2016 at 9:35 pm

honestly I don’t know and didn’t do any deep research regarding this matter. I am sorry I cannot give any advice.

May 13, 2016 at 8:01 pm

Dear Veronika

I have a doubt regarding the section 3c in the form I-485, I’m a member of three professional organizations, do I have to include those?

May 13, 2016 at 9:08 pm

Hi Mariluz,

my husband put there “None”. But honestly, I cannot tell you what is correct in your particular case (only lawyers can give direct legal advice). Sorry about that, hope you understand.

August 18, 2016 at 4:54 pm

Hi friends, i am in the United States thanks to a B1/B2 Visa. Can i apply for a EB2 NIW? And…Can i include to my wife as a dependent if she has not a legal status? (I do).

August 19, 2016 at 8:10 am

to become eligible for EB2 NIW, these criteria must be satisfied by primary applicant:

Advanced degree professional OR Exceptional ability (one of these two)

AND all these three

1. NIW requirement – substantial intrinsic merit 2. NIW requirement – national in scope 3. NIW requirement – national interest

Please note, that it takes time to gather all the evidence and prepare the whole petition.

December 15, 2016 at 9:37 pm

Hi, just a quick question.. we are about to send our I-485 application and im just wondering if pictures of us or picture on our wedding is also required in this application? Thank you.

December 15, 2016 at 9:43 pm

Hi Lycdaine,

we didn’t submit any of these. Just marriage certificate as a proof.

February 1, 2017 at 11:06 am

I have an O1, and applied for NIW last October (i-140 alone). My current O1 sponsor (biotech start-up) can’t maintain my position. My plan is to file I-485 before my O1 employment terminates. My understanding is that I can stay in the US and look for a new job with the I-485 filed but I-140 not granted? The other option is to file a O1 extension with a new sponsor after the I-485 being filed, my current position being terminated but the I-14o is not being granted. Thanks for you suggestion, advise! Best, Mario

February 1, 2017 at 7:52 pm

applicant even MUST stay in USA once he submit I-485. USCIS abandon green card application if applicant leaves the country before decision (or before he gets Advanced parole for travel purposes). Extending O1 after submitting I-485 might not work, but check with the lawyer. Sorry for losing your job and good luck!

February 8, 2017 at 5:14 pm

The I-140 petition that was filed by my company got approved (EB1C), but now my company is unable to fund my I-485. I have 2 questions in this context:

1. Can I do a self-petition? 2. What is the time constraint of filing I-485 from the date of I-140 approval?

Appreciate your guidance. Thanks!

February 9, 2017 at 2:54 pm

I am sorry I don’t have direct experience with this…

May 16, 2017 at 12:43 pm

Hello I’m trying to put together all supporting documents to go with my application. I’m filing I 130, I485, G325, I 693, 1 864, > 765 AND > 131. So far I counted 8 passport pic of my spouse, 2 of me. 3 copies of spouses identification page, 2 copies of marriage certificate, copy of their work permit, 2 copies of 1 94 *back and front* copy of my naturalization certificate, copy my passport, and copy of 3 years tax returns

May 28, 2017 at 3:39 pm

Your website is very helpful! Thanks for the good job. Is 2 photo passports sufficient for concurrent filing (and refer to the photo in each form type that requires passport photo), or should I use as many pictures as each form type requiring pictures demands?

May 31, 2017 at 8:23 pm

it depends what forms do you submit. I always checked official instructions for the particular form (google “uscis [number of form] instructions”) and if it says they want 2 photos I put it close to the form. Note: this is NOT a legal advice, only my personal experience.

June 6, 2017 at 7:20 am

June 21, 2017 at 5:40 pm

My employer filed I-140 NIW for me. The Adjustment of status (I-485) was not filed in parallel. Now that I am thinking about leaving the current employer and get another job. Would I be able to file the Adjustment of status (I-485) on my own, if I have the NIW approval ? What if the NIW approval was sent to the employer and I do not have a copy of it ? And all what I have is the petition receipt number ?

June 22, 2017 at 12:52 pm

I am not allowed to provide direct legal advice about your case. I don’t have my own experience either. I am sorry…

June 22, 2017 at 10:20 pm

July 15, 2017 at 3:45 pm

Your blog is extremely helpful, and I appreciate it very much. I have a simple (and possibly silly) question: In Part 2 of the I-485 (Application Type or Filing Category), obviously we check the box that says Alien Worker, Form I-140 for the principal applicant, which is my wife (her I-140 NIW is currently pending, but should be approved soon). However, what box do we check for the spouse’s (ie. me) I-485? Do we check the same box, or another one? My instinct is to check the same box, but I’m not sure.

Thanks so much!

July 15, 2017 at 6:09 pm

I checked “b.” (as a wife of primary applicant). Please do not take this as a legal advice. This is just what I did.

July 15, 2017 at 6:44 pm

Hmm… I think the I-485 form may have changed since you filed yours. There is no “b” option. Ha ha!

I really appreciate you taking the time to reply. 🙂

July 24, 2017 at 10:24 am

Your website is extremely helpful. I wanted to ask if you had filed the I-134 form for either of you for the Adjustment of Status application. I can’t understand whether my husband (the EB2 NIW applicant) needs to send the I-134 or if I (as his spouse) need to file it. I am on a J2 visa, and I do have a job. I would really appreciate it if you could help me out. Thank you!

July 25, 2017 at 8:31 am

we didn’t do that. But please don’t take it as a legal advice, your situation might be different.

November 1, 2017 at 3:06 pm

My petition got approved before I got married , now I’m married and my wife is in the US, she came on an F-1 visa but she has been out of school for some times. Can I still petition for her?

November 2, 2017 at 2:30 pm

I don’t have direct experience with this. This info might be helpful for you: https://www.uscis.gov/family/family-green-card-holders-permanent-residents

January 7, 2018 at 8:58 am

I already filled I-485, but I forgot to send my recent salary information. I just gave them the employment letter which my sponsor mentioned how much I am paid.

Do you think that there is any issue? Can I update my case and send my recent salary documents?

January 7, 2018 at 7:30 pm

I am not a lawyer, so I am not allowed to give legal advice (=tell you what is best for you). We had a letter from employer with a salary. USCIS might request additional documents if they need them.

February 24, 2021 at 5:18 pm

Dear Veronica,

I’ve purchased your I-485 DIY package but it seems that form I-944 is filled incorrectly. As I understand you didn’t file this form for your AOS because it didn’t exist back in 2013. Did you verify this form with an immigration lawyer? You did a nice job preparing this DIY package, but since I needed an example of filled form I-944 and it seems incorrectly filled at the very beginning, I’m not sure I can use it as a credible source to prepare my case.

February 24, 2021 at 7:38 pm

thank you for the purchase and feedback!

Could you please specify what is incorrectly filed in I-944 form?

Immigration lawyer reviewed the whole kit, but certainly it is possible that me or him can miss something. Or your situation might be different too – this is important to keep in mind.

Please let me know what did you find so I can double check, consult with an attorney and potentially make correction.

PS: I sent you an email so we can communicate directly

February 25, 2021 at 2:45 pm

Dear Veronika,

Thank you for the prompt reply.

Here are my concerns related to I-944: Part 2, 1.A. You didn’t mark answers to Yes/No questions. It may be stupid to answer yes to the question “Does this individual live with you?”, when it related to yourself, but as I understand you cannot leave this question unanswered in the form anyway as they may count Yes marks to get the total number of people in the household.

Part 3, 1. As I understand you need to list the income for all the household members from Part 2. 1. But you put only self. I’d expect Self in A., the spouse in B., with the same total income from tax returns, if you filled jointly, and child in C. with “Not required to file a tax return” and explanation smth like “dependent under 21 years old”.

My main confusion with this form is similar to the Yes/No answers from P1,1.A. It misses the N/A option. For example, You have answered No to Part.3 questions regarding an additional income (Q 2, 4), but then also answer No to Q7 “Is any of the additional income …” which implies that you have this additional income. Similar situation with Q20 if you answered No to Q16 why would you answer the question about Medicaid again? Same for Qs 25 and 26 it seems that the right answer is N/A not Yes/No.

Also, should I put N/A in fields that are not applicable to me or leave them blank? I see that you left such fields blank, but there is an info that you should not leave blank fields and should put N/A because USCIS started to reject cases with empty fields in the forms.

Sincerely, Ivan

February 25, 2021 at 9:17 pm

regarding your questions:

Part 2, 1.A. yes as you said, it didn’t make sense to say that I live with myself, but if you feel it is more proper to check something then do it

Part 3 income – not all members have income – in this case wife was on H4 visas and no income was allowed so it wasn’t listed there. Even in case of jointly filed taxes.

I did ask lawyer if should I file N/A everywhere he said no. Again if you feel it is more appropriate please do so.

In my form Q2 and Q4 ask “does any of the income” not any of additional income… maybe you have a different version of the form, this can happen. In Q16 and Q20 I answer no I didn’t receive it and if they ask again I provide that answer again – it was a little bit different question so I answered. Q25 and Q26 there is no option N/A in my form, only yes or no and I chose No because I didn’t do the things which were mentioned. Yes they are N/A but it is also true If I answer No.

Please understand, that you need to always reflect your own situation which might be different. The kit is an example only.

Kind regards,

February 26, 2021 at 11:22 am

Thanks to our conversation, I think I got a better understanding of the forms, let me comment on your reply, so other readers can use our arguments when preparing their forms.

“Part 2, 1.A. yes as you said, it didn’t make sense to say that I live with myself, but if you feel it is more proper to check something then do it” – I wish it was about my feelings. But hopefully, you are right and I’m just being overcautious.

“Part 3 income – not all members have income – in this case wife was on H4 visas and no income was allowed so it wasn’t listed there. Even in case of jointly filed taxes.” – Being on H4 visa doesn’t make you exempt from filing taxes, you still can get taxable income from investments and interest, etc. Moreover, the example provided in the DIY package contradicts your argument: the principal applicant’s I-944 contains only his income, and the derivative applicant’s ( wife on H4 visa) I-944 contains the same income but listed as only her taxable income.

“In my form Q2 and Q4 ask “does any of the income” not any of additional income… maybe you have a different version of the form, this can happen.” – My bad, the Q7 is related to Q6, but not to Q2 and Q4, however, my question is valid with the correction, because there is no additional income listed in the answer to Q6.

“Q25 and Q26 there is no option N/A in my form, only yes or no and I chose No because I didn’t do the things which were mentioned. Yes they are N/A but it is also true If I answer No.” – I wish there was a N/A option in the form, but I believe that you are right that No can be used.

Thank you, Ivan

March 24, 2021 at 3:20 pm

Hi Veronica, I have an approved I-140 in NIW category. I am from India and my priority date is not current. Once my PD becomes current, do I need support from my employer for filing I-485 or I can file it myself (similar to NIW)? I am not sure if my employer is going to support for I-485 so I am thinking if I can do this step independently

March 25, 2021 at 1:38 am

I do not have direct experience with you situation, I am sorry. If you submitted NIW by yourself (not sponsored by employer) you should be able to continue, otherwise I am not sure. I wish you good luck!

January 2, 2023 at 6:03 pm

Hi there. Do you know what happens when a person with a valid L-1B work visa (and spouse and children with L2 visa) do a self petition to EB2-NIW? The idea would be not need to wait for the employer to initiate the Green Card “conversion”, once this kind of procedure doesn’t generates a x-impact issue when the company starts the green card process by themselves. Any thoughts? Thank you.

January 2, 2023 at 9:14 pm

Hi Marcelo,

I don’t have such experience by myself, but I have heard about people having multiple green card applications in process at the same time.

February 12, 2023 at 6:45 am

Hello, I have a question. Do I need to file out supplement form A along with form i-485 when filing for adjustment on the basis of i-140 NIW?

February 12, 2023 at 9:13 pm

Hi Michael,

we did not have to file supplement A.

Disclaimer: This is not legal advice, I am not a lawyer and you need to make your own decision.

Veronika, founder of EB2 NIW project

April 18, 2023 at 1:41 pm

Hi, I have a question. Can you send me information or explain to me the consular EB2 NIW? I want to present from another country. Best Jacques

April 19, 2023 at 5:28 pm

Hi Jacques, you might want to check steps at official website here . I don’t have personal experience with this, we applied from US.

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