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
Photos
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
- Annuities
- 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:
- diphtheria
- tetanus
- pertussis
- polio
- measles
- mumps
- rubella
- rotavirus
- haemophilus influenzae type b
- hepatitis A
- hepatitis B
- meningococcal
- varicella
- pneumococcal
- influenza
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.
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.
Hi juneyi1, yes I was H4 visa holder, my husband H1B.
Hello,
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?
Thanks.
Hi Jim,
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…
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,
Hi ebb,
we submitted all in one package with cover page on top describing that there are two petitions inside.
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!
Hi Mark,
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
Hello,
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!
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!
Hi,
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
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
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.
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.
I really appreciate your prompt reply. Do you know by chance for what reason the tax return documents would be needed?
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…
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!
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
Great information. Thank you
Hi Iliyana,
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
Hi Anomaa,
first of all congratulations! And thank you for your feedback. Unfortunately, I don’t have experience with the situation you described. I am sorry.
Veronika, EB2 NIW team
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.
Anomaa
Anomaa,
thank you very much for information. I appreciate it!
Veronika, EB2 NIw team
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
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
Hi,
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
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.
Veronika
EB2 NIW team
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
Hi Kevin,
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.
Veronika
EB2 NIW team
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.
Hi Sant,
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
Hello
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.
Hi Rami,
I don’t have direct experience with filing I-485 for kid, I am sorry.
Veronika
Founder of EB2 NIW project
Thanks Veronika.
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.
Hi Jas971,
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!
Veronika
Founder of EB2 NIW project
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?
Hi Amir,
honestly I don’t know and didn’t do any deep research regarding this matter. I am sorry I cannot give any advice.
Veronika
Founder of EB2 NIW project
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?
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.
Veronika
Founder of EB2 NIW project
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).
Hi Jose,
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.
Veronika
Founder of EB2 NIW project
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.
Hi Lycdaine,
we didn’t submit any of these. Just marriage certificate as a proof.
Veronika
Hi,
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
Hi Mario,
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!
Veronika
Founder of EB2 NIW project
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!
Hi Ravi,
I am sorry I don’t have direct experience with this…
Veronika
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
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?
Thank you/
Hi Angel,
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.
Veronika
Founder of EB2 NIW project
Thank you!
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 ?
Hi ASA,
I am not allowed to provide direct legal advice about your case. I don’t have my own experience either. I am sorry…
Veronika
Thank you!
Hi Veronika,
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!
Hi Andrew,
I checked “b.” (as a wife of primary applicant). Please do not take this as a legal advice. This is just what I did.
Good luck!
Veronika
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. 🙂
Hello,
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!
Hi Sri,
we didn’t do that. But please don’t take it as a legal advice, your situation might be different.
Veronika
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?
Hi Daniel,
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
Veronika
Hello,
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?
Thank you,
Hi Yones,
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.
Good luck!
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.
Hi Ivan,
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.
Thank you!
PS: I sent you an email so we can communicate directly
Veronika
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
Hi Ivan,
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.
Hope it helps.
Kind regards,
Veronika
Dear Veronika,
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
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
Thank you
Hi Naga,
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!
Veronika
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.
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.
Veronika
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?
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
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
Hi Jacques, you might want to check steps at official website here. I don’t have personal experience with this, we applied from US.
Veronika