Does the spouse automatically file the I-485 jointly or separately?

The adjustment of status process can seem complex, especially when it involves including close family members, such as the spouse. It is quite common to have doubts about how to submit the I-485 (Adjustment of Status) forms for each family member, particularly when the primary applicant is using an EB-2 NIW visa.

In the case of the EB-2 NIW, the primary petitioner must submit their own adjustment of status application through the I-485 form. The spouse, as a dependent, also needs to submit an individual I-485 form – that is, each person must have their own completed and submitted form. Although the couple may send the forms simultaneously as a “family package,” the spouse is not automatically included just by association with the primary applicant.

In summary, the spouse must be included in the application, but this is done by filling out and submitting an individual I-485 form. It is important to remember that, when preparing the documentation, the couple needs to prove the relationship through valid evidence, such as marriage certificates and other documents that attest to the authenticity of the relationship. All documentation must strictly follow the criteria and requirements established by United States immigration laws.

Furthermore, it is essential for applicants to comply with the country’s immigration laws. Seeking information from reliable sources, such as the official U.S. Citizenship and Immigration Services (USCIS) website and guidance issued by American authorities, is crucial to avoid misunderstandings. It is also prudent to have the support of specialized professionals – avoiding miracle solutions or unfounded promises propagated by marketing campaigns – to ensure that the entire process is conducted correctly and securely.

Each case is unique and, therefore, the correct organization of all information and respect for legal requirements are crucial steps for the success of the adjustment of status process. Staying well informed and proceeding with caution helps avoid future problems and contributes to a smoother processing of the immigration procedure.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.