A permanent residence application is termed an Application to Register Permanent Residence or Adjust Status (form I-485). At present, the filing fee is $1070. Separate filing fee for child(ren) (under 14 $635) and (14 and over $1070). The fee includes an Application for Travel Document (form I-131), Application for Employment Authorization (form I-765) and a… Read More
FAQs about the Permanent Residence Process
What is Biometrics (Fingerprinting)?
The foreign spouse is sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse.
What is an Application for Travel Document?
An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United… Read More
What is an Application for Employment Authorization?
An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the… Read More
Does the foreign spouse have to be married to file a permanent residence application?
Yes. The U.S. citizen and foreign spouse must be legally married at the time of filing.
Can a foreign spouse file a permanent residence application if their spouse is unemployed?
Yes. There is no USCIS requirement that the foreign spouse’s U.S. citizen spouse be employed in order to file a permanent residence. However, in order for the USCIS to issue permanent residence, evidence must be presented that the U.S. citizen spouse is able to financially support a foreign spouse. If the U.S. citizen spouse is… Read More
Can a permanent residence application be filed by a same-sex foreign spouse?
Yes. The eligibility to file a permanent residence application by a same-sex foreign spouse will be determined according to the immigration laws applicable to an opposite-sex spouse. If the same-sex foreign spouse is married to a permanent resident (as opposed to a U.S. citizen) then the same-sex foreign spouse can only file the application when… Read More
Why does the foreign spouse of a permanent resident wait longer to obtain permanent residence than the foreign spouse of a U.S. citizen?
The foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on… Read More
Can the foreign spouse of a permanent resident file a permanent residence application?
Yes. If the spouse is a permanent resident (as opposed to a U.S. citizen) then the foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
What are the requirements for the foreign spouse’s child to file a permanent residence application?
The foreign spouse’s child must be physically present in the United States. The foreign spouse’s child must have entered the United States legally. The foreign spouse was legally married to the U.S. citizen before the child(ren) reach the age of 18. The USCIS approves the permanent residence application while the child is under 21 and… Read More
