Documents for Spouse and Children in a Concurrent I-485 Filing

Who counts as a derivative and what they file

Under INA 203(d), a derivative is the spouse or unmarried child under 21 of the principal beneficiary at the time the I-485 is filed. "Child" here means the statutory definition used throughout immigration law — biological, step-, or adopted, subject to the usual timing and legitimation rules. A child who marries, or who turns 21 without protection, stops qualifying as a derivative and cannot be included on the principal's case.

Aged-out children

If a child is close to 21, or turns 21 between filing and adjudication, their eligibility depends on a Child Status Protection Act (CSPA) calculation, which adjusts a child's "CSPA age" using the I-140 pending time and the visa bulletin date. This calculation has produced different results depending on policy memos and court decisions over time, so do not rely on a rule of thumb here — check the current CSPA guidance on uscis.gov before deciding whether a nearly-21 child can be filed as a derivative.

Forms each derivative files

Each derivative who qualifies files their own set of forms, separate from the principal's:

• Form I-485 — a fully separate application with its own fee (confirm the current fee on uscis.gov; fees change periodically and derivative fees are not always identical to the principal's).
• Form I-864 or I-864A — the affidavit of support, discussed further in a later section.
• Form I-693 — a separate medical exam for each derivative, regardless of age.
• Form I-765 — if applying for a combo card (employment authorization).
• Form I-131 — if applying for advance parole alongside the combo card.

Each derivative's I-485 is a distinct filing with its own receipt number, so it can be approved, delayed, or subject to an RFE independently of the principal's case.

Core identity and relationship documents

Each derivative needs a set of civil documents establishing identity and relationship to the principal applicant, independent of the professional evidence built for the I-140.

Documents for every derivative

• Passport biographic page (photo/data page), even if the passport has expired
• Full birth certificate, listing both parents' names

Documents for a spouse

• Marriage certificate showing the marriage to the principal applicant
• If either spouse was previously married, certified copies of divorce decrees, annulment orders, or a death certificate showing legal termination of every prior marriage

Documents for a child

• Birth certificate showing the child's parents by name, matching the principal's or spouse's name exactly (or explaining any discrepancy — see Section 7)
• If the child is not the biological child of both the principal and spouse — a stepchild or adopted child — the marriage certificate creating the step-relationship, or final adoption decree

Translations

Any document not in English needs a full, word-for-word certified translation attached to a copy of the foreign-language original. The translator's certification statement should read substantially:

Building the relationship evidence packet

The marriage certificate establishes the legal fact of marriage; it does not establish that the marriage is bona fide and ongoing. Officers reviewing a spouse's I-485 look for a second, independent layer of evidence showing the couple actually shares a life together.

Secondary evidence to collect

• Joint bank or credit union statements (several months, not a single snapshot)
• Joint lease or mortgage documents, or utility bills showing both names at the same address
• Joint federal tax returns filed as "married filing jointly"
• Joint insurance policies — health, auto, life, or renter's/homeowner's — naming both spouses
• Dated, captioned photographs spanning different periods and events (wedding, holidays, family gatherings)
• Affidavits from friends or family attesting to the relationship, each signed and notarized

Organizing this evidence

Build this as its own labeled exhibit sub-set — separate from the principal's professional evidence (publications, letters, awards) — so the officer can find relationship proof without wading through NIW material. A common approach is a dedicated "Exhibit M — Bona Fide Marriage" tab with its own internal index, or a sub-lettered range (M-1, M-2, M-3) within the spouse's package.import.import1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c1c

Marriages that occurred abroad

If the marriage took place outside the United States, include a certified copy of the foreign marriage certificate with a full English translation and translator certification. If either spouse was previously married, add certified divorce decrees or death certificates proving that prior marriages were legally terminated before this one began — without this, the current marriage's validity cannot be confirmed on paper alone.

Medical exams, Form I-693, and vaccination records

Every derivative, including infants and young children, needs a separate Form I-693, Report of Medical Examination and Vaccination Record, completed by a physician on the USCIS list of designated civil surgeons. A principal petitioner's medical exam does not cover family members — each person schedules and pays for their own appointment.

Finding a civil surgeon

Use the "Find a Civil Surgeon" tool on uscis.gov to locate designated providers near each derivative's residence, since family members do not always live in the same city as the principal during the filing period. Confirm the fee and appointment requirements directly with the office, as these vary by provider.

What to bring to the exam

1. Government-issued photo ID and passport.
2. Complete immunization records, including childhood vaccination cards for children — the civil surgeon uses these to determine what, if anything, is still needed.
3. Any prior chest x-ray reports or records of tuberculosis treatment, if applicable, since the civil surgeon may request these instead of repeating imaging.
4. A copy of the I-485 receipt or filing information if requested by the office.

Handling the sealed envelope

The civil surgeon returns the completed Form I-693 in a sealed envelope. Do not open it. An opened or tampered envelope can be rejected on filing. Keep each derivative's sealed envelope with their individual filing package, not mixed in with other family members' documents.

Validity window

Form I-693 has a limited period during which USCIS will accept it as valid at filing and adjudication. Check current USCIS policy guidance on Form I-693 validity before scheduling exams, and sequence appointments across the family so no derivative's exam expires before the case is decided.

Financial support: Form I-864 and the underlying evidence

The principal petitioner completes Form I-864, Affidavit of Support, to sponsor the spouse and each child. One I-864 can cover multiple derivatives if they are all immigrating with the same sponsor, but each derivative's I-485 packet should contain its own copy of the same I-864 plus its supporting evidence. If the principal's income doesn't meet the threshold alone, a joint sponsor can file a separate I-864, or a household member can file Form I-864A to have their income counted toward the principal's total.

Supporting evidence to include

• Most recent federal tax return (Form 1040) with all W-2s and 1099s attached, or an IRS transcript.
• An employment verification letter stating job title, salary, and start date, on employer letterhead.
• If income alone is insufficient, evidence of assets (bank statements, retirement accounts, property) that can be converted to cash within one year.
• If using a joint sponsor, that sponsor's own tax documents and employment letter, filed under their own I-864.
• If using I-864A, the household member's tax documents and a signed I-864A itself, attached to the sponsor's I-864.

Check the current poverty guidelines on uscis.gov before assembling this evidence, since the applicable income threshold depends on household size and changes periodically.

Who files what

Building a per-derivative filing index and exhibit list

Each family member's package needs its own internal index, distinct from the principal's, so an officer can pull any single derivative's file without cross-referencing the whole submission.

File-naming convention

Use a consistent pattern for every scanned or printed document:

LASTNAME_FIRSTNAME_FORM_ExhibitLetter_DocumentName.pdf

Examples:

• GARCIA_MARIA_I485_ExhibitA_BirthCertificate.pdf
• GARCIA_MARIA_I693_ExhibitC_MedicalExam.pdf
• GARCIA_JUAN_I485_ExhibitB_PassportBioPage.pdf

Keep exhibit letters sequential within each derivative's own set (A, B, C...); do not share letters across family members.

Worked exhibit table

Assembly order

Place the principal's I-140/I-485 package first, tabbed and indexed. Behind it, insert each derivative's complete set in its own tabbed section, ordered spouse first, then children by age. Each derivative's set should open with its own I-485 and its own exhibit index page.

Master cover index

At the very front of the full filing, include a one-page master index listing every family member, their relationship to the principal, and the forms filed on their behalf (I-485, I-864/I-864A, I-693, I-765, I-131), so the whole submission's structure is visible at a glance.

Common errors that trigger RFEs on derivative filings

Most RFEs on derivative cases trace back to a handful of repeated mistakes. Check each package against this list before submission.

1. Missing I-140 reference. Each derivative's I-485 must cite the principal's I-140 receipt number (or a copy of the approval notice if already issued). Filing a derivative petition with no reference to the underlying case is a routine cause of delay.
2. Name mismatches. A spouse's maiden name on a birth certificate but married name on a bank statement, or a transliterated name spelled differently across documents, invites scrutiny. Use one consistent legal name across every form and attach a name-change document (marriage certificate, court order) where the name differs from a civil document.
3. Missing or incomplete translations. Any foreign-language document without a certified English translation attached will be treated as unsupported.
4. Expired I-693. If one derivative's medical exam is completed months before the others, check that its validity period, per current USCIS policy, still covers the expected adjudication window for the whole family unit.
5. Missing I-864A. When a joint sponsor's household income is combined with the sponsor's own income to meet the support threshold, the household member's I-864A must be included; its absence undermines the entire affidavit of support chain.
6. Unpaid ancillary fees. Each family member requesting a combo card (I-765/I-131) needs their own fee accounted for separately from the I-485 fee — confirm current amounts on uscis.gov before assembling the filing fee summary.