How To Fill Out I-485 Adjustment Of Status Part 2
This is part two of “How To Fill Out Form I-485 Adjustment Of Status” post that I wrote last week. If you haven’t reviewed the first post, please go back and do so as it has additional information you need to know before you fill out I-485 application.
Adjusting status is a way for someone to become a U.S. permanent resident if they entered on a nonimmigrant visa or recently married a U.S. citizen. I won’t go into detail on who is eligible to adjust status because I covered this in part 1 or the series.
How To Fill Out Form I-485 Adjustment of Status
The following sections cover pages 3-7 of form I-485. This application process is quite complicated and will take some time to complete. Do not rush this! Be sure to double check each of your answers and that you’ve signed the form before submitting it to USCIS.
Later in this series we will also discuss the evidence you should include as well as the income requirement for the sponsor (or joint sponsor).
Part 1: Information About You (continued)
Question 24: Enter your current immigration status. This means the type of visa you entered the U.S. on but if it has changed since you entered the country, type your new status here.
Question 25a – 25c: Type the full name on form I-94 inside your passport. Even if you changed your name due to marriage you should enter the name on the actual I-94.
Part 2: Application Type or Filing Category
Question 1a – 1g: This section wants to know how you are eligible to adjust your status. For example, if you married a U.S. citizen and can now adjust status based on this marriage then you would select 1a. Family-based.
Question 2: Check this box if you are eligible to adjust as an immediate relative (spouse, child, or parent of US citizen) but have entered the country illegally or otherwise violated your immigration status.
- Entered the United States illegally;
- Worked in the United States illegally,
- Failed to maintain continuously lawful status,
- Entered under the Visa Waiver Pilot Program,
- Entered as foreign crewmen, and
- Entered as foreign travelers in transit without a visa.
If your case falls under any of the above, I highly recommend speaking with an experienced immigration attorney because it complicates your application.
Part 2: Application Type or Filing Category (continued)
Question 3: If you have filed for a different petition that needs to be approved before your adjustment of status can be processed, enter the receipt number here for that application. You can find the receipt number on the notice of action (NOA) that USCIS sent you after your submitted the application. Example: if you filed for VAWA you should submit that receipt number.
Question 4: If you are filing to adjust status as a non-immediate relative (such as sibling or spouse of green card holder) you can enter your priority date here. The priority date is listed on the notice of action (NOA) you received from USCIS.
Question 5a – 7: Enter the principal (or primary) applicant’s name , alien registration number and date of birth. You would be considered the principal applicant if you are the parent and your child is also adjusting status.
Question 8 – 9: Enter the principal applicant’s receipt number and priority date if these apply to your situation.
Part 3: Additional Information About You
Question 1: Check this box if you have ever applied for an immigrant visa abroad. Don’t get this confused with a nonimmigrant visa such as a tourist visa, student visa or work visa. An immigrant is a spouse or immediate relative visa.
Question 2a – 4: Type the address of the embassy or consulate where you applied for the immigrant visa. You must also include the final decision for the application and when the decision was made. If you selected “No” for question 1, you can skip to next question.
Question 5a – 6b: Enter you current physical U.S. address here. You can’t use a PO box so make sure it’s an actual street address. Then enter the date of residence (or how long you’ve lived there) in question 6.
Question 7a – 7h: Enter your previous address here. If you have lived in your current address less than 5 years, you must include all prior places you’ve lived going back 5 years. Note that this address doens’t have to be in the U.S. and a foreign address is acceptable too.
Part 3: Additional Information About You (continued)
Question 8a – 8b: Enter the dates of residency for question 7.
Question 9a – 10b: Enter your most recent address outside the U.S. and the dates of residency. This may or may not be same address as question 7.
Question 11 – 13: Enter the name, address and your occupation of your current employer. If you are not employed, type “unemployed” where it asks for employer name. You can also write “student” or “homemaker”.
Question 14a – 14b: Enter the dates of your employment, unemployment or student status.
Question 15 – 16f: If you haven’t been employed by your current employer for at least 5 years, you must also provide details on your previous employer. Enter the company name, address, your occupation and dates of employment.
Part 3: Additional Information About You (continued)
Question 19 – 22b: This section allows you to include a 3rd employer if necessary.
Part 4: Information About Your Parents
Question 1a – 1c: Enter the full legal name of your first parent. You can start with your mother or father.
Question 2a -2c: If the first parent’s name has changed after birth, enter their previous name or maiden name.
Question 3 – 8: Enter the first parent’s date of birth, select their sex and provide details on the city,/country of birth. You must also include their current residence if still living.
Question 9a – 9c: Enter the fill legal name of the second parent.
Question 10a – 10c: If the second parent’s name has changed since birth, enter their previous name here.
Question 11 – 16: Enter the date of birth, select their sex and provide the city/country of birth. You must also include their current residence if still living.
Part 5: Information About Your Marital History
Question 1: Select your current marital status. If you are not married, you are considered single.
Question 2: Select whether your current spouse is in the U.S. military.
Question 3: Enter the number of times you have been married. If you have divorced a previous spouse and are married again, you should enter the number 2.
Question 4a – 7: Enter the full legal name of your current spouse. If they were ever a green card holder, enter their Alien Registration Number (A-number). Enter your spouse’s date of birth in question 6 and when you got married in question 7.
Question 8a – 8c: Enter the location of your wedding/marriage ceremony. It doesn’t matter whether you had a wedding or not. Some people go to their local courthouse to get married.
Question 1o: Select “Yes” if your current spouse is also applying to adjust status with you. If not, select “No.”
Question 11a – 15: This section wants details on your previous marriage. Provide the ex-spouses name, date of birth, when you got married as well as where you were married. You must also include the date the marriage was officially terminated.
How To Fill Out I-485 Adjustment of Status (pages 8-12) Coming Soon.
Alright, we’ve made it through the first 7 pages of form I-485. Not too bad, right? Next, we will go through pages 8-12 of the adjustment of status application and show you exactly how to fill it out correctly.
If you found this I-485 tutorial helpful, please leave a comment and let me know!