The qualifications for a marriage-based I-485 are the same as the I-130 petition. The I-485 is called an adjustment of status. To be eligible for an I-485, the petitioner has to be in the United States. That’s a very minimal mandatory requirement.
What Documents Do We Need To Apply For The Marriage-Based I-485 Application?
When it comes to applying for an I-485, the documents are very similar to the I-130. However, if the applicant is on a K-1 visa, fiancé visa, they have other criteria. In most cases, it happens that the beneficiary is on a fiancé visa and there is some preparation that goes into filing their documents, which includes an I-485 form.
If the applicant is already married, the marriage certificate has to be submitted. In addition to the marriage certificate, it is helpful to do a medical. It’s not a mandatory requirement to do the medical at the time you’re filing the I-485, but our office specifically recommends it. By including the medical with the I-485, you won’t have to wait for an RFE. When an RFE comes in, it breaks the timeline. The timeline is extended 90 days. Even though we work around it by submitting it earlier, it still happens. The officer has to get it back based on the priority of the date that it was received. They have to go into the cycle. That is why we advise including a medical with the I-485. Moreover, starting February 20th, 2020, the form I-944, Declaration of Self-Sufficiency has to be included as well. It is a very detailed form.
Each applicant has to submit the I-944. The I-944 specifies the applicant’s assets, credit, and credit history. Some applicants might not have a credit history established if they are on a temporary visa. In those cases, we submit a statement stating why it is not included. The applicant also has to include whether they have some form of health insurance and what their education is.
In July 2020, the court handed an injunction on the form stating that it should not be mandatory because of the pandemic. It state that the applicants are not in a position to submit all of their assets and credibility. The purpose of the form is to show that the applicants are not a burden to the US government. That’s part of the process of the green card. The petitioner has to prove that they will never be a burden on the government. The latest update on the injunction, as of January 7th, 2021, is that the USCIS issued the mandatory requirement of including the I-944 in the I-485 application.
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