I-485 Part 2 application type for F1 student?

[Saul 0]

My soon to be wife is an F1 Student, which option on the I-485 part 2 do we select?

part b. marriage after entering on k-1 fiancee within 90 days doesn't apply since she entered on a J1, and did an adjustment to F1 later.

Should it be part d. ?

PS I am a citizen by birth.

Thanks

[Saul 0]

My soon to be wife is an F1 Student, which option on the I-485 part 2 do we select?

part b. marriage after entering on k-1 fiancee within 90 days doesn't apply since she entered on a J1, and did an adjustment to F1 later.

Should it be part d. ?

PS I am a citizen by birth.

Thanks

Also if my fiancee's I-94 has her old address before we got married, should everything be done with our post marriage address?

[Saul 0]

WOW this is a mess, she went from J-1 with her entrance visa and dates and I-94, then changed to F-1 got a new I-94 but no new visa, F-1 I94 says expiration is "duration of status".

I am not sure which addresses, or which dates to use.

[dirtyweebesom 8]

Why would you choose part "d"? I'm assuming your wife was never granted asylum given that you never mentioned that.

I was on an F1 visa, married an American and then applied to adjust my status. In I-485, Part 2, I chose option "a". You will have to file form I-130 concurrently, though, if you choose this option.

As for the address, you need to use the one she's living at now, otherwise how will they be able to send the approval notice (NOA) back to her?! :-)

My I-94 also said "Duration of Stay" but for the part on I-145 where it asked for the expiry date I gave the expiry of my OPT work permit. I've heard of other people just putting "Duration of Stay" there, too, though. I don't know what's correct but I filed my forms nearly a month ago now, and I got my approval notice for all the forms I submitted, so I assume what I did wasn't wrong.

[Saul 0]

I didn't think d was the answer, but choice a is about "immigrant petition...... that has been approved," didn't seem to make sense either.

I have been looking at the guides for the various forms, and the examples, is there a guide which shows where the information for each section would be located? Like

"I-485 Section 1, the A#: is the bla bla bla yadda yadda # and can be found on the upper right corner of the I94 etc etc" You know what I mean??

[FortLaudy 10]

You say she is you "soon to be wife"? well you better hurry up and get married then, because she cannot file for adjustment of status just by the fact that she's your "fiance" , she has to be your spouse, then after the marriage you petition for your relative (her, your wife) with the filing of the I-130, so if she is "in status" on her F1 visa and only after you're married, your option should be:

a. An immigrant petition giving me an immiediately available immigrant visa number..... and the I-130 relative petition must be attached to the I-485.

understand?

[FortLaudy 10]

She should not have an alien number yet, unless she was working on OPT on her F1 visa. I left that part blank, or others might suggest write "none" if you have no aliean #. Read the instructions that go along with the forms thoroughly as you complete the forms, I know, it can get quite tricky....

[dirtyweebesom 8]

I didn't think d was the answer, but choice a is about "immigrant petition...... that has been approved," didn't seem to make sense either.

I have been looking at the guides for the various forms, and the examples, is there a guide which shows where the information for each section would be located? Like

"I-485 Section 1, the A#: is the bla bla bla yadda yadda # and can be found on the upper right corner of the I94 etc etc" You know what I mean??

"a" is the correct answer because the immigrant petition they are referring to is form I-130 which, as Shani682 said, you need to file at the same time as I-485 i.e. send them off to USCIS in the same envelope. Even though you are filing it at the same time, and so obviously won't yet have had it approved, "a" is still the correct answer.

As regards finding specific information, the USCIS guides and website are pretty useless. Your best bet is to look around on here, or ask questions if you're not sure. This is what I did before filing my forms, and it really helped a lot. I definitely wouldn't have known to pick answer "a" in Part 2 if people on here hadn't advised me.

She should not have an alien number yet, unless she was working on OPT on her F1 visa. I left that part blank, or others might suggest write "none" if you have no aliean #. Read the instructions that go along with the forms thoroughly as you complete the forms, I know, it can get quite tricky....

As regards the alien number, I was working on OPT and had some sort of number on my work permit, which looked like an alien number. This was what I put down on my forms but on my approval notices I have a completely new alien number. In other words, the number on the OPT work permit must not be your official alien number. On the other hand, it clearly didn't seem to matter that I marked it as my alien number.

[marie09 5]

WOW this is a mess, she went from J-1 with her entrance visa and dates and I-94, then changed to F-1 got a new I-94 but no new visa, F-1 I94 says expiration is "duration of status".

Hey Saul,

You mentioned your wife (to be?) Has 2 I-94's. I had 6 I-94's! (a lot of visa extensions!) When you do an in country visa extension or transfer you don't get any new visa, just a new I-94.

So just use the most recent I-94... Did she also get an I-20 when she switched to F1 status? as that will have her F1 status expiration date.

So long's you include copies of everything I don't think it matters if you put D/S or use an OPT or I-20 expiration date etc... If you have copies of everything attached they can always change it...

Totally agree with everything Dirtyweebesom and Shani682 said too - you got a lot of great advice

Have a wonderful wedding! My hubby and I started looking at the forms a few weeks before our wedding, reading them and making lists of what we needed... Made it easier to collect documents together. Order birth certificates etc... Good Luck!

[dirtyweebesom 8]

So long's you include copies of everything I don't think it matters if you put D/S or use an OPT or I-20 expiration date etc... If you have copies of everything attached they can always change it...

Yup, that's what I did. Gave them copies of everything I could think of - most recent I-20, I-94, copy of visa page on my passport, copy of my OPT work permit etc etc.

[Saul 0]

Thanks folks, and yes I realize we need to be married before filing anything, our plan is to file everything at once I485 and I130, like the day after we are officially married.

dirtyweebesom and marie09 thank you very much for the advice, my "A#" example was just to explain I was hoping to find a guide to the form, but that would be too easy for the US government.

As far as her I-94s she has two, one is most recent and current so we will use that one. And she has only her original entrance Visa. I will use the D/S for the dates since any other dates wouldn't really make sense.

I will definitely be asking a ton of questions, I'll just do my best to search thoroughly first.

thanks all

[Megha13 49]

On 11/29/2009 at 8:32 PM, Saul said:

Thanks folks, and yes I realize we need to be married before filing anything, our plan is to file everything at once I485 and I130, like the day after we are officially married.

dirtyweebesom and marie09 thank you very much for the advice, my "A#" example was just to explain I was hoping to find a guide to the form, but that would be too easy for the US government.

As far as her I-94s she has two, one is most recent and current so we will use that one. And she has only her original entrance Visa. I will use the D/S for the dates since any other dates wouldn't really make sense.

I will definitely be asking a ton of questions, I'll just do my best to search thoroughly first.

thanks all

Hi, can you please let me know which option did you choose for filling part 2 of I-485? Which option did you choose/