When the marriage-based I-485 application is approved, the petition obtains an adjustment of status. The approval of the I-485 means that the beneficiary has been approved for the permanent resident card. The card will be received a few weeks after the final interview date, depending on the officer’s decision to communicate with the USCIS to produce the card. If the applicant has not received a social security number, they can then apply for it. If the applicant has a social security, the condition on that is temporary. As such, they would be updating the social security office that they have been approved for a permanent resident card.
What Are Some Reasons That An I-485 Application Could Be Denied?
An I-485 application could get denied if the applicants’ marriage is deemed to be disingenuous. When the petitioners appear for the interview, the USCIS officer can easily figure out or understand whether the underlying reason for the wedding or marriage was genuine. That would be the sole purpose of appearing for an interview when it comes to the I-485 application.
Apart from that, there won’t be a direct denial based on supporting documents. The documentation is minimal compared to the other petitions or applications that are usually done, but it is important to make sure it’s properly documented with pictures, affidavits, the marriage certificate, and birth certificates. Everything should be properly submitted.
How Long Does It Take For The Marriage-Based I-485 Application To Be Approved?
When the residents apply for the I-485 application, the timeline depends on the local USCIS office availability for interview schedule/ appointments etc. and scheduled for the interview in the state where they reside. With the issue of the pandemic, there were no in-person interviews. They were on hold for a very long time. Now, they’ve started having in-person interviews again, but it is very limited with all of the requirements and mandatory safety measures. However, the average timeline to get approved is about eight months to one year.
If My Application For I-485 Is Denied, Should I Reapply Or Should I Appeal?
The decision to reapply or appeal will depend on the timeline. The timeline differs between filing an MTR and administrative appeal. The administrative appeal is longer than the MTR because the MTR goes to the same officer who reviewed the petition. The administrative appeal is different in terms of where it goes. Also, the I- 485 application fees are higher compared to the MTR fees. Therefore, the path to take on a denial will depend on the specifics of the case, the reason for the denial, and the additional supporting documentation that will be needed to substantiate an approval.
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