Petition for Immigration

Difference Between Form I-130 and I-485

Form I-130 and Form I-485 are both critical forms used in the U.S. immigration process, but they serve different purposes and are part of different stages in the process of obtaining lawful permanent residency.

Form I-130, Petition for Alien Relative

• Purpose: Form I-130 is used by U.S. citizens or lawful permanent residents (green card holders) to establish a qualifying relationship with a foreign national relative whom they want to help immigrate to the United States.

• Function: This form is essentially a petition to the U.S. Citizenship and Immigration Services (USCIS) requesting recognition of the relationship to a spouse, parent, sibling, or child. The approval of this form is the first step in the family-based immigration process and does not grant any immigration status by itself.

• Outcome: The approval of an I-130 petition allows the foreign national relative to apply for a visa or adjust status, contingent on visa availability as determined by their priority date and visa category.

Form I-485, Application to Register Permanent Residence or Adjust Status

• Purpose: Form I-485 is used by an eligible foreign national already in the United States to apply for lawful permanent resident status (green card) without having to return to their home country to complete visa processing.

• Function: This form is used to adjust an individual’s immigration status from nonimmigrant (temporary) to immigrant (permanent) while the applicant is inside the United States. It is used following the approval of a qualifying immigrant petition (like Form I-130) and when an immigrant visa number is immediately available.

• Outcome: The approval of an I-485 application grants the applicant lawful permanent resident status in the United States, along with a green card. It is the final step in the process of becoming a permanent resident through adjustment of status.

Key Differences

• Usage Context: Form I-130 is a petition filed by a U.S. relative to establish a familial relationship necessary for immigration. In contrast, Form I-485 is an application used by the immigrant to change their status to a permanent resident while in the U.S.

• Who Files: Form I-130 is filed by the U.S. citizen or permanent resident sponsor. Form I-485 is filed by the foreign national seeking to adjust their status.

• Related Processes: Often, after an I-130 is approved, and if the beneficiary is in the U.S. and an immigrant visa is available, they may then file Form I-485 to adjust their status to a permanent resident. If outside the U.S., the beneficiary would instead undergo consular processing.

The Immigration Process for I-130

Step 1

Complete the Application for Form I-130 (Petition for Alien Relative)-immigration documents from your spouse

Form I-130 (Petition for Alien Relative): The first step in sponsoring your spouse for immigration is filing Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between you (the petitioner) and your spouse (the beneficiary).

Step 2

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Marriage Certificate: Obtain a certified copy of your marriage certificate. This document proves the legal validity of your marriage.

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Step 3

Supporting Documents for Form I-130:

Along with Form I-130, you will need to submit supporting documents, which may include:

Copies of your spouse's birth certificate.
Copies of your marriage certificate.
Evidence of any previous marriages and their termination (divorce decrees, death certificates, etc.), if applicable.
Proof of your U.S. cit

Supporting Documents for Form I-130:

Along with Form I-130, you will need to submit supporting documents, which may include:

Copies of your spouse's birth certificate.
Copies of your marriage certificate.
Evidence of any previous marriages and their termination (divorce decrees, death certificates, etc.), if applicable.
Proof of your U.S. citizenship or lawful permanent resident status (e.g., copy of your U.S. passport, birth certificate, naturalization certificate, or green card).

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Step 4

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Step 3

Affidavit of Support (Form I-864): Once Form I-130 is approved, if your spouse is immigrating to the U.S., you will need to file Form I-864 (Affidavit of Support) to demonstrate that you have sufficient income or assets to support your spouse financially.

The Immigration Process for I-485

Step 1

Before beginning the Form I-485 application process, ensure that you meet the eligibility criteria for adjustment of status to lawful permanent resident (green card holder). Common eligibility factors include:

You are physically present in the United States.
You have an approved immigrant petition (such as Form I-130, Form I-140, or another

You are physically present in the United States.
You have an approved immigrant petition (such as Form I-130, Form I-140, or another immigrant petition).
An immigrant visa number is immediately available based on your priority date (for family-based or employment-based categories).
You are admissible to the United States (i.e., you do not have disqualifying factors such as certain criminal convictions, immigration violations, etc.).

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Step 2

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Gather the required documents:

Required documents typically include:
- Passport-style photos (as per USCIS specifications).
- Copy of your birth certificate (with certified translation if not in English).
- Copy of passport biographic page.
- Copy of Form I-94, Arrival/Departure Record (if applicable).
- Form I-693 (Report of Medical Examination and Vacc

Gather the required documents:

Required documents typically include:
- Passport-style photos (as per USCIS specifications).
- Copy of your birth certificate (with certified translation if not in English).
- Copy of passport biographic page.
- Copy of Form I-94, Arrival/Departure Record (if applicable).
- Form I-693 (Report of Medical Examination and Vaccination Record), completed by an authorized civil surgeon.
- Form I-864 (Affidavit of Support) if required (from the sponsor).
- Any other supporting documents specific to your immigration category (such as marriage certificate, employment authorization documents, etc.).

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Step 3

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Fill Out the Form: Complete Form I-485 accurately and completely. The form includes sections for personal information, immigration history, and details about your eligibility category.
Review for Accuracy: Double-check all information before submitting. Ensure that all answers are truthful and consistent with other supporting documents.
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Fill Out the Form: Complete Form I-485 accurately and completely. The form includes sections for personal information, immigration history, and details about your eligibility category.
Review for Accuracy: Double-check all information before submitting. Ensure that all answers are truthful and consistent with other supporting documents.
Sign the Form: Sign and date Form I-485 where indicated. If you are under 14 years old, a parent or legal guardian must sign on your behalf.

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Step 4

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Receive Appointment Notice: After USCIS receives your application, you will receive a notice to attend a biometrics appointment at a designated Application Support Center (ASC).

Attend Appointment: Attend the biometrics appointment as scheduled. At the appointment, your fingerprints, photograph, and signature will be collected for background check purposes.

Attend Interview (if required)

Receive Interview Notice: Depending on your specific case, USCIS may schedule you for an interview at a USCIS field office.
Prepare for the Interview: Gather any additional requested documents and review your application thoroughly. Be prepared to answer questions about your eligibility, background, and supporting documents.
Attend the Interview: Arrive on time for your interview appointment. An immigration officer will review your application, ask questions to verify information, and make a decision on your case.

Receive Decision

Wait for Decision: After the interview (if applicable), USCIS will issue a decision on your Form I-485 application.
Receive Green Card: If approved, you will receive your green card (Form I-551) as proof of your lawful permanent resident status. USCIS will mail your green card to the address you provided on Form I-485.

Additional Considerations:

Work Authorization and Travel Document: You may file Form I-765 (Application for Employment Authorization) and/or Form I-131 (Application for Travel Document) concurrently with Form I-485 to request work authorization and/or permission to travel while your Form I-485 application is pending.

Immigration Experts are certified immigration consultants and not attorneys. We do not provide legal advice or represent clients in court. Our services include assisting with filling out paperwork and procedural guidance on immigration matters only. Clients are encouraged to consult with a licensed attorney for legal advice and representation in complex immigration matters or legal proceedings. Reliance on the consultation services provided by Immigration Experts is solely at your own risk.

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