2. Preparation of USCIS Forms

The adjustment of status process requires the completion of at least 4 forms. There are two additional forms which can be completed but are not required. The required forms are Forms: I-130; I-485; I-864; and G-325A(2). The optional forms are Forms: I-765; and I-131. *There is no reason not to file these now since there is no additional USCIS filing fee.

Form I-765 is an application for Employment Authorization. This application will provide your fiance with an Employment Authorization Document (EAD) which will allow him to work in the U.S. pending adjudication of adjustment of status petition. Typically, your fiance will be able to obtain an EAD within 90 days after the petition is filed. Because there is no longer an additional filing fee required if the I-765 is filed concurrently with the I-485 there is no reason not to apply for an EAD.

Form I-131 is an application for a travel document. This application will provide your fiance with a travel document which will allow her to depart the U.S. and return during the adjudication of the petition for adjustment of status. If you fiance plans to depart the U.S. in the 12 to 18 months following filing of the adjustment of status petition you should apply for a travel document. If she departs the U.S. without a travel document she will likely not be able to return to the U.S. The I-131 also no longer requires a separate filing fee if submitted with an I-485.

You may need to refer to your spouse's visa and I-94 to gather information to complete this form. A sample visa and I-94 are attached for your reference.

All of the forms you will need to complete this step in the process are attached below.

*NOTE: From G-325a is the same form you completed for the initial USCIS petition. If you have copies of the form you submitted before you may use these again but the signatures must be original.

Form G-325A
Form I-485
Form I-130
Form I-765
Form I-131
I-864