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Documentation for Application Based on Marriage to a U.S. Citizen
Applicants will file these forms directly with the USCIS, not through the Office of International Services. As such, individuals filing such petitions may wish to seek the counsel of an immigration attorney. The information following may be used to understand the general process, but does not constitute legal advice.
Forms:
Forms can be downloaded at the USCIS website.
Travel:
Once you submit the I-485 and related documentation, there will be a wait before you receive permanent residence. During this time, you will probably have travel restrictions. See Travel Outside the U.S. after Application for Immigrant Visa.
Employment:
See section on Work Authorization, below.
Procedure:
Send the I-485 application with all required documentation to the USCIS office in Chicago. Chicago will provide a receipt and will forward the application to the National Benefits Center (NBC) in Missouri. Use the address below and indicate “I-485” on the envelope. Keep a copy of everything you send.
USCIS
P.O. Box 805887
Chicago, IL 60680-4120
For Courier Service:
USCIS
Attn: FBAS
427 S. LaSalle—3rd Floor
Chicago, IL 60605-1098
You will later be sent a notice with instructions about having your fingerprints taken. Eventually, you will receive a notice with an interview date and time. Both husband and wife must appear at the interview. Once permanent residence is approved, you will be sent the laminated Permanent Resident card within a few weeks.
If you move at any point during processing of your application, it is very important to notify USCIS of your new address. Most USCIS letters are not forwarded or held by the postal service. Call the USCIS Customer Service Line at 1-800-767-1833 to report your new address. Persons in F and J status should also notify OIS of any address change; persons in other visa statuses must file form AR-11.
Documentation for Permanent Residence Application Based on Marriage to a U.S. Citizen
Personal check(s), money order(s), or certified check(s) may be used, payable to the Department of Homeland Security.
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Form I-485 (Application for Permanent Residence): $1010 fee for spouse. $600 for each child under 14 filing with parent. Staple the check for the fee to the form. Check box (a) in Part 2 of the form. Supplement I-485A is not required unless you are in the U.S. illegally.
The fee covers biometrics (fingerprints) and any applications for employment and travel authorization (see “Work Authorization” and “Advance Parole” below).
- Two color photographs of husband and two color photographs of wife, following these instructions. Print names on reverse side in pencil, place in a separate envelope or plastic bag and staple the envelope to the I-485.
- Birth certificate of beneficiary showing parents’ names (photocopy). Passport is not acceptable as birth certificate.
- Form I-864: “Poverty guidelines” listing minimum income requirements are on the USCIS forms site just after I-864EZ.
- Report of medical examination (sealed)(I-693) completed by a certified USCIS Civil Surgeon. Students and spouses may use the designated Civil Surgeons at the Health Center. USCIS provides USCIS provides links to the vaccination requirements and certified Civil Surgeons at the I-693 form page.
- Photocopy of passport ID page, expiration page, and all U.S. visa pages.
- Photocopy of both sides of I-94: Statement of all prior periods of stay and visa status in the U.S. including copies of related documents if possible (I-20s, DS-2019/IAP-66s, I-797s), and Exchange Visitor waiver letter, if applicable.
- Form I-130 (Petition for Alien Relative): ($355 fee)
- Birth certificate, naturalization certificate, or ID page of passport of U.S. citizen spouse (photocopy).
- Civil marriage certificate (photocopy).
- Divorce decree(s) and/or death certificate(s) from all prior marriages for petitioner and beneficiary (photocopies).
- Form G-325A (Biographic Information) for both husband and wife. All four (4) pages are required. Complete on-line and the four pages will print.
- Cover sheet listing all documentation.
Work Authorization
If you wish to obtain work authorization while the I-485 application is pending, you may send an application along with the I-485 application or you may file it later. Complete Form I-765, (Application for Employment Authorization). Download page 10 only. Staple an envelope with two additional photos to the lower left of the I-765. Mark (c)(9) in question #16. If you are applying for authorization after filing the I-485, also include a copy of your USCIS I-485 receipt notice and a copy of your passport ID page.
Authorization should be granted within 90 days.
Fee for initial application and any renewal is covered by the I-485 fee. Those who filed their I-485 before the July 31, 2007 fee increase must pay a fee of $340 for any application or renewal of employment authorization.
Advance Parole (travel authorization)
If you wish to have travel authorization while the I-485 application is pending, you may file Form I-131 with the I-485 application or you may file it later with a photocopy of the receipt notice. See “Travel after Application for Immigrant Visa.”
Fee for initial application and any renewal is covered by the I-485 fee. Those who filed their I-485 before the July 31, 2007 fee increase must pay a fee of $305 for any application or renewal of advance parole.
K-1 applicants
K-1 applicants will have already provided some of the above documentation as part of their I-129K petition. They do not need to submit birth certificates, death or divorce decrees, G-325A (Biographic Information) for the U.S. spouse, I-130 (Petition for Alien Relative), or medical examination.
Translator’s Certificate
Any document not in English must be translated and accompanied by a translator’s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the [ _ ] language into English and that the attached/above is an accurate translation of the original [birth/marriage/other] document.
Signature
Name of translator
Address & Telephone
Last updated February, 2008
Indiana University