Step-by-Step Guide: How to File a Marriage-Based Green Card Petition (I-130 + I-485)
For the spouse of a U.S. citizen living in Medford, Massachusetts, the primary path to a Green Card without leaving the country is through a process called One-Step Adjustment or Concurrent Filing. This means submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence) at the same time.
However, recent policy shifts have introduced strict new procedural hurdles. U.S. Citizenship and Immigration Services (USCIS) now rejects any petition that does not use the 01/20/25 editions of the forms, requires separate payments for each application, and mandates that the sealed medical exam (Form I-693) be included in the initial filing.
While this increases the administrative work, the underlying path remains clear for those who file a perfect petition. Applications for immediate relatives of U.S. citizens are not subject to visa caps, meaning an error-free case proceeds without the long waits that affect other categories.
Brooks Law Firm helps couples manage these demanding federal requirements while accounting for the specific processing tendencies of the local Boston Field Office. If you have questions about adjustment of status, speak with a trusted Medford, MA green card lawyer today by calling (617) 245-8090.
Key Takeaways for Filing a Marriage-Based Green Card in Medford
- Strict new 2025 filing rules are non-negotiable. USCIS will reject your entire application package for using an old form edition, failing to include the sealed medical exam upfront, or paying the fees incorrectly.
- Eligibility for concurrent filing is not automatic. You must prove the petitioner is a U.S. citizen and that the beneficiary spouse entered the U.S. lawfully and is physically present here to be eligible for this process.
- Evidence of a bona fide marriage is the core of your case. USCIS prioritizes documents showing shared financial responsibilities, such as joint bank accounts, joint tax returns, and shared leases or property deeds.
Determining Eligibility for Concurrent Filing in Middlesex County
Simply being married to a U.S. citizen does not automatically grant the right to adjust your status from within the United States. Filing a concurrent I-130 and I-485 package when you are not eligible is a serious misstep that leads to lost government fees and, in some cases, places you at risk of removal proceedings.
The distinction between a U.S. citizen petitioner and a Lawful Permanent Resident (Green Card holder) petitioner is significant. If the sponsoring spouse is a Green Card holder, the beneficiary falls into the F2A preference category, which frequently has a multi-year backlog. In that scenario, you cannot file the I-485 until a visa number becomes available according to the State Department’s Visa Bulletin. Attempting to do so will result in a rejected application.
For residents of Medford and greater Middlesex County, here is a simplified checklist for concurrent filing eligibility.
- Petitioner Status: The sponsoring spouse must be a U.S. citizen to file concurrently.
- Beneficiary Location: The spouse seeking the Green Card must be physically present in the United States (for example, living together in your Medford home).
- Lawful Entry: The beneficiary spouse must have entered the U.S. lawfully. This means you were inspected and admitted or paroled by an immigration officer at a port of entry. Common examples include entering on a tourist visa (B-2), a student visa (F-1), or a temporary work visa (H-1B).
- The 90-day rule: USCIS applies a guideline known as the 90-day rule, which presumes that a temporary visa holder misrepresented their original intentions if they marry or file for a Green Card within 90 days of arriving in the U.S. While this presumption is overcome, it adds a layer of scrutiny to the case. We advise waiting more than 90 days from your last entry before filing.
You must also understand the local jurisdiction. While residents of Medford will have their interview at the Boston USCIS Field Office, all initial paperwork is mailed to a centralized USCIS Lockbox facility in either Chicago or Phoenix, depending on the mailing service used.
The Core Petition: A Deep Dive into Forms I-130 and I-485
The marriage-based Green Card application is a comprehensive package of petitions, applications, evidence, and supporting documents. Recently, USCIS has become less forgiving of small errors. Precision here is essential.
Form I-130, Petition for Alien Relative
This is the foundational form of your entire case. Filed by the U.S. citizen petitioner, its purpose is to prove that a legally valid marriage exists.
The newest version of the form includes more detailed questions about the beneficiary’s history and contains prominent warnings regarding the severe penalties for marriage fraud. It is the government’s first line of defense against non-bona fide relationships.
Form I-130A, Supplemental Information for Spouse Beneficiary
This form must be completed by the spouse who is seeking the Green Card. It provides USCIS with biographical and employment history for the last five years. While the signature is not required if the spouse is in the U.S. and filing concurrently with the I-485, it is a good practice for them to sign it anyway to avoid any potential issues.
Form I-485, Application to Register Permanent Residence or Adjust Status
This is the application for the Green Card itself. Under the 2025 mandate, you must use the edition dated 01/20/25; all previous versions will be rejected outright. This form contains a long series of inadmissibility questions covering everything from criminal history and past immigration violations to public charge concerns. Answering these questions incorrectly, even by accident, has severe consequences for your case.
Form I-864, Affidavit of Support
The Affidavit of Support is one of the most common sources of Requests for Evidence (RFEs), which delay a case for months. The U.S. citizen sponsor must prove their income meets at least 125% of the Federal Poverty Guidelines for their household size. Although the cost of living in the Medford and Greater Boston area is high, this does not change the federally mandated income threshold.
A key component of this form is proving the sponsor’s domicile, meaning they live in the U.S. and intend to maintain that residence.
Form I-693, Report of Medical Examination and Vaccination Record
In a major process change, the sealed I-693 medical exam must now be submitted with the initial I-130/I-485 package. Previously, applicants could bring this to their interview. Failing to include it now will result in processing delays or potential denial. You must have this examination completed by a USCIS-designated Civil Surgeon.
As of January 2025, the specific COVID-19 vaccination requirement has been lifted, but all other standard vaccination requirements remain strictly enforced.
Ancillary Forms: I-765 (Work Permit) & I-131 (Travel Permit)
Along with the main application, you may file Form I-765 for an Employment Authorization Document (EAD) and Form I-131 for Advance Parole, which allows you to travel abroad while the case is pending. A notable recent change is that USCIS now charges separate filing fees for these applications; they are no longer included for free with the I-485 filing fee.
Proving the Bona Fide Marriage: Your Evidence Strategy
The fundamental assumption that USCIS operates under is that a marriage for immigration benefits is fraudulent until proven otherwise. So, that means you and your spouse are entirely responsible for proving that your marriage is genuine, or bona fide.
A marriage certificate proves your marriage is legally recognized, but it does not prove it is valid for immigration purposes. To do that, you must provide compelling evidence that you have combined your lives, particularly in financial and legal matters. This commingling of lives is the cornerstone of a strong case.
Building a strong case means prioritizing documents that show shared responsibility and a life built together. Your goal is to create a documentary record of your relationship.
- Financial Commingling: This is the strongest category of evidence. It includes joint bank account statements, joint federal and state tax returns (which are very persuasive for showing a shared life in Medford), adding your spouse to your health insurance, and holding joint credit cards.
- Joint Residency: Proof that you live together is another primary form of evidence. This includes a joint lease for an apartment in Medford or Somerville, a deed to a property with both names, or utility bills addressed to both of you at the same address.
- Life Documentation: While photos from your wedding and vacations are helpful, USCIS gives more weight to legal and financial documents. However, items like life insurance policies naming each other as beneficiaries, children’s birth certificates showing both parents, and joint car titles or insurance policies are highly effective.
To provide context for your evidence, consider drafting a personal statement that outlines a timeline of your relationship. You may also gather affidavits (sworn written statements) from friends and family in Massachusetts who attest to the authenticity of your marriage.
The Medford & Boston Field Office Timeline: What to Expect
After filing your petition, the process moves through several distinct stages. While national averages exist, processing times are specific to the field office handling your case. For Medford residents, this is the Boston Field Office located in the JFK Federal Building.
Step 1: The Receipt Notices (Weeks 2-4)
Shortly after mailing your package, you will receive several Form I-797C, Notice of Action, documents in the mail. These are your official receipt notices, each with a unique case number. These notices confirm that USCIS has accepted your case for processing and serve as proof of your pending status.
Step 2: Biometrics Appointment (Month 1-2)
Next, the beneficiary spouse will receive a notice for a biometrics appointment. This will likely be scheduled at the Application Support Center (ASC) in Lawrence or Boston. At this short appointment, USCIS will take your fingerprints, photograph, and signature for background and security checks.
Step 3: The Quiet Period & Work Authorization (Months 3-6)
After biometrics, there is a long period with few updates. During this time, you should receive the Employment Authorization Document (EAD or work permit), if you filed Form I-765. EAD processing times currently average 3-6 months. Once the EAD is received, your spouse can legally work in Massachusetts and obtain a Social Security Number.
Step 4: The Interview at the JFK Federal Building (Months 12-18)
The final step for most is the marriage-based Green Card interview. Processing times at the Boston Field Office for this stage are currently around 12 to 18 months.
Boston-based USCIS officers are known for their thoroughness. If the officer has any doubts about the marriage’s validity, they may choose to separate you and your spouse for questioning. If your marriage is less than two years old at the time of the approval, your spouse will be granted Conditional Permanent Residency, which comes with a two-year Green Card. You will then need to file another petition, Form I-751, to remove those conditions 90 days before the card expires.
How Brooks Law Firm Manages Your Immigration Case
Our process is designed to build a strong, approvable case from the very first day, anticipating and addressing potential issues before a government officer ever sees your file.
1. Your First Contact With Our Law Firm
When you first call us, our initial conversation is focused on screening for eligibility. We quickly assess your situation to identify any potential red flags, such as prior visa overstays, a criminal record in Massachusetts, or previously filed marriage petitions that could complicate your case.
2. Our Attorney Contacts You
We then schedule a deep-dive strategy session. This is where we review your complete immigration history and the evidence of your marriage. Our goal is to find any gaps or weaknesses in your case and develop a strategy to strengthen them before you file.
3. We Provide an Initial Assessment & Document Collection
Based on our assessment, we give you a customized checklist of every document needed for your I-130 and I-485 petitions. We check for inconsistencies, like ensuring the addresses on your driver’s licenses match your bank statements and lease agreement.
4. We File the Perfection-Checked Petition
Instead of just sending a stack of forms, we assemble a comprehensive and professionally organized Immigration Petition. We draft detailed legal cover letters that act as a roadmap for the USCIS adjudicator, guiding them through your evidence and preempting common questions or Requests for Evidence. We manage all the logistical details, including the new separate filing fee requirements and proper mailing to the correct USCIS Lockbox.
FAQ for Marriage-Based Green Cards in Medford
Can my spouse work in Medford while our green card application is pending?
Yes, but only after they receive their Employment Authorization Document (EAD). This is obtained by filing Form I-765 with the main Green Card application. Current processing times for an EAD are approximately 3-6 months. Do not work before the EAD card is physically in hand.
What happens if we move from Medford to another town during the process?
You are legally required to notify USCIS of your new address within 10 days of moving by filing Form AR-11, Alien’s Change of Address Card. This can be done online. Failure to update your address leads to missed notices, interview appointments, and potentially the denial of your case.
My spouse entered the U.S. without a visa (EWI). Can we still file?
Generally, no. A person who entered without inspection (EWI) is not eligible to adjust their status from within the U.S. They must typically return to their home country for an immigrant visa interview. This process typically requires an I-601A waiver for the unlawful presence, which is a complicated legal matter. You should consult with an attorney immediately in this situation.
What is the minimum income requirement for a sponsor in Massachusetts?
The income requirement is not set by the state but by the federal government. A sponsor must show an income of at least 125% of the Federal Poverty Guidelines for their household size. For a household of two (the sponsor and the immigrant spouse), this is approximately ~$25,550, though this figure is updated annually. If the sponsor’s income is insufficient, a joint sponsor may be used.
Let’s Secure Your Future in the United States
Filing for a Green Card is presenting a legal argument to the U.S. government that your family deserves to stay together in this country. One error on a Form I-485 or a missing tax document for the Affidavit of Support delays a life together by years or, in the worst cases, triggers removal proceedings.
Brooks Law Firm understands the stakes. Our practice focuses on handling the intricacies of federal immigration law. We ensure every petition we file is rigorous, fully compliant with the latest 2025 mandates, and built to withstand USCIS scrutiny for a clear path to approval.
Don’t leave your family’s future to chance. Let us handle the legal work so you may focus on building your life together.
To begin your marriage-based Green Card process, contact a Medford, MA immigration lawyer at (617) 245-8090.
