Do I need an I-485 form? 17 Answers as of January 26, 2012

Best wishes upon your marriage and the upcoming birth of your baby. The filing of a Form I-130 merely seeks to have the USCIS make a determination that you and your husband are living together in a bona fide marriage, and USCIS approval does not confer a right to remain in the U.S. A Form I-485 is an application seeking to have the USCIS grant Lawful Permanent Resident status (issue a "Green Card"). Generally, a U.S. citizen and his/her spouse concurrently file both applications. Multiple other documents also must be filed, including an Affidavit of Support, Background Information forms, medical examination results, photographs, birth documents, evidence of the bona fide nature of the marriage, etc. The process can be complex and can present a "minefield" for the unprepared. Last week, the USCIS's Atlanta Field Office (which handles marriage-based cases for Georgia and Alabama) announced that it has the highest rate of "continued" cases - those that are not finally adjudicated at the adjustment of status interview among all the districts in the U.S. It is common for the USCIS to have a 9-month delay in cases that are "continued" due to lack of documentary evidence or other errors, and of course lack of documentary evidence and other errors also can lead to a denial of an application. Especially since you are not thoroughly familiar with the adjustment of status process, it would be wise to engage an immigration attorney to represent you and your soon-to-be husband.

Approval of the I-130 Petition by USCIS establishes that the existence of the relationship between the petitionary and beneficiary has been satisfied (e.g., US citizen spouse-alien spouse). If a temporary visitor who becomes an I-130 beneficiary does not also file the application to change status (I-485), he or she would risk being out-of-status (a serious violation) by remaining in the US past the expiration of their entry visa. Filing the I-485, together with the sponsor's form, places that individual on stand-by during the approval/denial process toward obtaining Legal Permanent Residency. Achieving this objective is not as simple as just filing forms, however. It is important to realize that only a competent attorney can help filers ensure accuracy and completeness as well as avoid legal pitfalls, unnecessary complications and waste of time.

Yes, you do need to file the I-485 Adjustment of Status form. By filing this form, you are basically requesting permission from the USCIS to be able to adjust your status from "visitor" to a permanent residentbased upon marriage. If you plan to work here in the USA, you should also apply for an Employment Authorization request as well.

Yes, the I-485 form to adjust your status (assuming that you came to the U.S. legally, i.e. with a proper visa).

Yes, you will need the I-485 and all the supporting documentation to be submitted to the USCIS concurrently. You will also need to undergo a medical examination and you will have to have evidence that you did not have immigrant intent at the time you entered the US as a visitor as that may harm your chances of getting a green card.

That would entirely depend if you qualify to adjust status.

Yes. He can also get his work authorization. You should invest in an attorney so he can work legally and get drivers license ASAP.

Yes if you came in legally. The. 485 is what gives you status so you have to file both the I-130 and I-485 together.

Yes you do. You need to file a packet that is referred to as the I-485 packet. It contains a lot of other forms and information that you will need to file together with the I-130. In my opinion, you should find a competent attorney to carry out this process for you. This is something that will affect you for the rest of your life so, do not take it lightly. Find a professional and you will not have to worry about it.

If you want to apply for adjustment of status and stay here to obtain status, then file the form. But I do recommend you see an immigration attorney to discuss any eligibility issues Before you file. There may be issues you don't see that could result in denial or worse.