Are you confused about when you will be granted a transition from temporary to permanent residency in the US after applying for form I-485? If yes, why not go for knowing, How long I 485 processing time to make informed decision for the accommodation in the United States. The post is about revealing the processing requirements for form I 485; please know.
The article explains the standard processing time for the I-485 application. Additionally, you will learn about application costs and the critical differences between I-130 and I-485. So, you can just hook on to this tutorial to make your process error-free.
USCIS Form I-485: What is it?
Technically, the logic says you are here not to collect info about the form I-485; you know about it from its purposes and benefits to the privileges it grants in the United States. Even then, a brief explanation will give you a better understanding of when you must wait to adjust your status through the USCIS specialised form.
I-485 form, popularly known as Application to Register Permanent Residence or Adjust Status. Simply put, it is a document through which you adjust your immigration status, get a green card, and become a permanent US resident. However, the only condition is the eligibility criteria. If you meet the USCIS criteria, you will get the one you want and continue living in the State.
However, you must not know, but you must approve form I-130 before proceeding to I-485. The former brings you to the United States by revealing your relationship with the US citizen sponsoring you, while the latter gets you a green card. You will learn in the later section.
Difference between I-130 and I-485
As you know, US immigration rules are one of a kind; they require a focused mind and undivided attention to absorb them smoothly. Similarly, when you talk about the I-130 vs. the I-485, they are different but go hand in hand. You cannot neglect one and focus on the other. Here are some primary differences between the two forms; glance at them:
- Purpose
I-130, known as a Petition for Alien Relative. As the name indicates, the form serves the purpose of introducing a foreign spouse. What happens is that a US sponsor, who is also a US citizen, files this form, clarifying an authentic relationship (marriage or family-based) between a U.S. citizen or lawful resident and the applicant.
I-485, known as an Application to Register Permanent Residence or Adjust Status, is a form that ensures you will get your green card and permission to live in the United States as a permanent resident. This document is vital in transitioning or adjusting your status from a temporary visa holder.
- When to File
I-130 justifies your relationship with your US citizen; it is applied first. On the other hand, I-485 helps you get a green card, but it is applied only after the former is approved.
Food for Thought: Sometimes, both USCIS forms are filed together, which is known as concurrent filing.
Can I-485 Be Filed Before or During I-130?
No, you cannot file I-485 before I-130. You must wait until the I-130 gets approved and explain your relationship with the person you sponsor in the US. Can I File I-485 while I-130 is pending? In any case, if the I-130 gets delayed, you can file the I-485.
Additionally, there is an exception too. What happens is that there are situations when both forms are filed together through concurrent filing. The case is rare if the applicant links to a US citizen as a spouse, child, or parent and lives in the US.
The benefit is that concurrent filing accelerates the process of USCIS analysing both forms, gathering evidence, and making informed decisions.
How Long Does It Take for the I-485 to Be Approved?
The idea of processing time for the I-485 application gives immigrants who want to change their status in the United States from temporary to permanent residents a sense of peace. Generally, the processing time for I-485 takes 10–23 months to approve.
The answer is that the processing time for an application depends on its type, the field office of USCIS, and the filing process, whether separate or concurrent.
Family-based will take longer than employment-based applications.
The location of the USCIS field office has different speeds in processing the I-485 application.
Concurrent filing usually cuts processing time in some cases as compared to filing both forms separately.
Applicants can check the processing times on the USCIS website for a better estimate.
Cost of Form I-485
The cost of the I-485 form is approximately $1,440. There are several chances that fee waivers or other reductions will occur; however, you must keep an additional budget for expenses like biometrics or fingerprinting. Furthermore, those over 79 or those under 14 who file with a parent pay lower fees.
Read More: If You Overstay Student Visa and Marry What Happens? Consequences and Solutions
Supporting Documents for the I-485
If you are waiting for your I-130 to get approved and you file for I-485, here are some valuable vital insights regarding the documents you must collect before applying.
Collect a valid visa copy and I-94 travel record.
Essential documents, passport and copies, birth certificate, etc.
Sponsor’s pay stubs, tax returns, and the Affidavit of Support as financial proof.
Applicant must have clear medical test reports from a doctor that USCIS approves.
Pro Tip: If the abovementioned documents are missing, you can also use secondary evidence. For example, you can make available affidavits from relatives if a birth certificate is absent.
Over to You
Knowing how long it takes to process I-485 is essential, for it gives you the power to decide what to do next, living in the US or not. Generally, you do not need to leave the country, but the process is tricky. From filing a Petition for Alien Relative to the Adjusting Status Application, you must remain careful and keep all your documents and information up-to-date to navigate i-485.
FAQs
Do you need i130 approved then apply i485?
In most cases, yes, you need an approved i130, then proceed to apply for an i485.
Can I-485 be approved before I-130?
No, i485 cannot be approved before i130. However, there is a rare chance that when you file through concurrent filing, the i485 gets approved while the i130 remains pending.
Can I file I-130 and I-485 together online?
No, you cannot file i-130 and i-485 online because USCIS currently allows only certain application types for the service. So, it is better for you to submit both applications by mail.
Should I drop a class if I filed an I-485?
Dropping class is not necessary when you file for i-485. You must stick to your temporary visa and continue your responsibilities until your form for a green card is approved. Dropping otherwise will impact your visa status.