adjustment of status I130 or II485

[Wetyn 0]

Questions?

I was granted permanent resident based on an immigrant visa. But before my I485 was approved I added additional evidence of my marriage and also birth of my daughter in my application.

I have to say that my wife lived in the US for 3 years and we get married just before her visa expired. I was in my green card process but she had to go back to Canada. Now she has been hired back in the US.

They both were living out of the US in Canada as they are Canadian citizen.

My wife is now in the US with an H1b visa and my daughter (14 Month old) with an H4 visa.

I need to file an adjustment of status for both of them.

1. What for should I use (I485 only or I130 also)?

2. Should I file a separate I485 for my daughter also since she is only 16 months old?

[payxibka 10,047]

Questions?

I was granted permanent resident based on an immigrant visa. But before my I485 was approved I added additional evidence of my marriage and also birth of my daughter in my application.

I have to say that my wife lived in the US for 3 years and we get married just before her visa expired. I was in my green card process but she had to go back to Canada. Now she has been hired back in the US.

They both were living out of the US in Canada as they are Canadian citizen.

My wife is now in the US with an H1b visa and my daughter (14 Month old) with an H4 visa.

I need to file an adjustment of status for both of them.

1. What for should I use (I485 only or I130 also)?

2. Should I file a separate I485 for my daughter also since she is only 16 months old?

separate application are needed for every intended resident regardless of age.....

Edited May 31, 2009 by payxibka

[Wetyn 0]

No my daugther is born in Toronto Canada while her mother in canada.

Should I only file I485?

Questions?

I was granted permanent resident based on an immigrant visa. But before my I485 was approved I added additional evidence of my marriage and also birth of my daughter in my application.

I have to say that my wife lived in the US for 3 years and we get married just before her visa expired. I was in my green card process but she had to go back to Canada. Now she has been hired back in the US.

They both were living out of the US in Canada as they are Canadian citizen.

My wife is now in the US with an H1b visa and my daughter (14 Month old) with an H4 visa.

I need to file an adjustment of status for both of them.

1. What for should I use (I485 only or I130 also)?

2. Should I file a separate I485 for my daughter also since she is only 16 months old?

separate application are needed for every intended resident regardless of age.....

[payxibka 10,047]

What is the basis for the status adjustment... If you are not a USC... I don't see how they can just adjust....

No my daugther is born in Toronto Canada while her mother in canada.

Should I only file I485?

Questions?

I was granted permanent resident based on an immigrant visa. But before my I485 was approved I added additional evidence of my marriage and also birth of my daughter in my application.

I have to say that my wife lived in the US for 3 years and we get married just before her visa expired. I was in my green card process but she had to go back to Canada. Now she has been hired back in the US.

They both were living out of the US in Canada as they are Canadian citizen.

My wife is now in the US with an H1b visa and my daughter (14 Month old) with an H4 visa.

I need to file an adjustment of status for both of them.

1. What for should I use (I485 only or I130 also)?

2. Should I file a separate I485 for my daughter also since she is only 16 months old?

separate application are needed for every intended resident regardless of age.....

[Wetyn 0]

I am a permanent Resident , I am not a citizen. I just read the I485 instructions where it says #17 " based on derivative status as the spouse or child of another adjustment applicant or person granted permanent residence based on issuance of an immigrant visa. ........file your application with the application of the other applicant............or with evidence that your spouse or parent was granted permanent residence based on an immigrant visa.."

What is the basis for the status adjustment... If you are not a USC... I don't see how they can just adjust....

No my daugther is born in Toronto Canada while her mother in canada.

Should I only file I485?

Questions?

I was granted permanent resident based on an immigrant visa. But before my I485 was approved I added additional evidence of my marriage and also birth of my daughter in my application.

I have to say that my wife lived in the US for 3 years and we get married just before her visa expired. I was in my green card process but she had to go back to Canada. Now she has been hired back in the US.

They both were living out of the US in Canada as they are Canadian citizen.

My wife is now in the US with an H1b visa and my daughter (14 Month old) with an H4 visa.

I need to file an adjustment of status for both of them.

1. What for should I use (I485 only or I130 also)?

2. Should I file a separate I485 for my daughter also since she is only 16 months old?

separate application are needed for every intended resident regardless of age.....

[Anh map 2,098]

What visa did you hold and later get LPR status from?

Edited May 31, 2009 by Anh map

[Wetyn 0]

I hold succesfully J1 (3 times) h1B (4 years) and now my green card.

What visa did you hold and later get LPR status from?

[JERIII 8]

What is the basis for the status adjustment... If you are not a USC... I don't see how they can just adjust....

I think they probably can.

OP- you were married at the time you got your green card, which was employment-based and derived from your H1-B, correct?

If so, then I think they can adjust via what is sometimes called "following-to-join" This is available to certain LPR, who receive their green cards not via marriage.

However, I have no idea how this works, especially with a spouse who is already in the US.

The original poster really needs to consult a lawyer.