Form I-485 Adjustment of Status

Form I-485, also known as the Adjustment of Status Application, is a crucial document in the green card application process. If she is eligible for a green card and comes to the United States on a valid temporary visa, she can use this form. By filling out Form I-485, she will be applying to become a permanent resident in the U.S., which is an important step toward getting her green card.

To change her immigration status and apply for a green card while still in the United States. She will need to fill out Form I-485. If she is already in the U.S., she can also submit both Form I-130 and Form I-485 together. This is known as “concurrent filing,”. Likewise, a process recognized by U.S. Citizenship and Immigration Services (USCIS).

Visa Used : K1| K2 | K3 | K4

If she is not in the United States, she can still apply for a green card using Form I-485, but through a different method called the “consular process.” Compare this to the “concurrent filing” here. This means she can apply from her home country. Likewise, to do this she will need to contact the U.S. embassy or consulate in Thailand. This is rare so speak to our immigration lawyer in Thailand about this.

To show that your Thai wife qualifies for a green card, she must provide additional documents along with Form I-485. These documents are essential to support her application:

Proof of Valid Visa:

She will need to include a copy of the visa she had when she entered the United States and the I-94 travel record. She can find this online as the I-94 is now an online process.

Proof of Nationality:

Provide a copy of her birth certificate as well as her Thai passport. The visa she arrived on would normally still be in the passport.

Financial Support Evidence:

Include copies of your recent federal income tax returns and pay stubs. This is filed with the Affidavit of Support, to demonstrate your financial ability to support her.

No Criminal Convictions:

If she has ever been arrested, provide a certified copy of the court record to show that there were no convictions.

Immigration Medical Examination Results:

She must undergo a medical examination by a doctor approved by USCIS. Use the Find a doctor tool on the USCIS website to locate an approved doctor in your area.

These documents serve two main purposes. First, they confirm that the sponsor is a valid U.S. permanent resident or citizen. Second, they prove the genuine relationship between you and the person sponsoring your green card application. Remember, all documents you submit to U.S. Citizenship and Immigration Services must be in English. If your documents are in another language, you need to obtain certified English translations to meet USCIS requirements.

If she has lost your original documents then she will need to provide new ones. The birth certificate may have been lost. She will need to ensure that the secondary evidence as it is called is again added to her immigration file in the US.

Make copies of everything again and submit this to the USCIS again. There are lockboxes and you can see how best to submit your documents to the area in which you live. The time taken will differ from one area to another.

When she applies for a green card (Form I-485), she can also submit applications for a travel document (Form I-131) and employment authorization (Form I-765) together. So, this allows her to receive both her Travel Document and Employment Authorization Document (EAD) in about six to eight months. The Travel Document lets her travel outside the U.S., and the EAD allows her to work legally while your green card application is being processed.

USCIS aims to decide on your green card application within 12-18 months. If your immigrant petition has been approved, you’ll receive your green card in the mail 30 days after the approval notice. If USCIS schedules a green card interview, you must attend the interview at a local USCIS office. During the interview, an officer will review your application and decide on your green card.

CR1 Visa: This is for spouses married for less than two years. It allows them to live in the U.S. for two years. Afterward, they must apply to remove the conditions on their residency. Yes, holders of a CR1 visa need to complete the process of Adjustment of Status (Form I-485) in the United States after entering the country. Upon entry, they are issued a conditional green card that is valid for two years. Before this conditional green card expires, the spouse must file Form I-485 to remove the conditions.

IR1 Visa: This is for spouses married for two years or more. It gives permanent resident status and is valid for 10 years. Note, that holders of an IR1 visa do not need to complete an Adjustment of Status (Form I-485) upon entering the United States. The IR1 visa is an immediate relative visa granted to spouses who have been married for two years or more. Unlike CR1 visa holders, IR1 visa holders receive a permanent green card upon entry to the U.S.

Both visas need similar documents and applications, but the main difference is how long the spouses have been married. The CR1 is temporary for two years, while the IR1 is permanent for 10 years.

Form I-130 called the Petition for Alien Relative, is used by U.S. citizens or permanent residents to bring their close family members to the U.S. It’s like an application that checks if their family relationships are real.

Form I-485, known as the Application to Register Permanent Residence or Adjust Status, is an application for a “green card,” which allows someone to live in the U.S. permanently. It’s based on the approved Form I-130, and it looks into any issues that might make someone ineligible for permanent residency.

Sometimes, these forms can be filled out at the same time if someone is eligible. But it’s always a good idea to talk to a specialist, like an immigration attorney, to make sure everything is done correctly for your specific situation.

How many people apply each year?

We don’t know the exact number of Form I-485 applications filed every year, but there are limits set by the U.S. Congress on how many immigrant visas can be given out annually. These limits also apply to the number of I-485 applications that can be submitted and approved each year. For example, in 2020, 838,800 applications were processed. To find the most accurate and current information, it’s best to check the official USCIS website. They provide data on different aspects of their work, like how many forms they receive, process, approve, deny, and have pending each month.

Firstly, it takes 2 to 3 weeks to receive the receipt of the application. Subsequently, allow 3 to 5 weeks to receive the appointment notice for biometrics, followed by 5 to 8 weeks to complete the biometric appointment. The process then advances to 12 to 16 weeks to obtain the employment authorization document (EAD). Moving forward, anticipate 4 to 10 months for the notice of the interview to be issued.

Following this, set aside 8 to 14 months to secure the permanent residence card, after completing the payment of the immigrant visa fee online. It’s important to note that these timelines are general estimates and may vary depending on the specifics of your case. Likewise see also the US visa for Thai wife on here.

For additional context, recognize that the adjustment of the status process typically takes longer than consular processing. Specifically, family-based applications generally take 8 to 14 months, with other application types often requiring more time. Moreover, if the sponsoring spouse is a U.S. citizen or a green card holder, the timeframe can extend to 12 to 27 months.

It’s crucial to acknowledge that these are general guidelines, and the processing times can be influenced by the unique details of your case. For the most accurate and up-to-date information, refer to the USCIS processing times for your specific form and office. Additionally, consult your receipt notice to identify your form, category, and office.