Quick Questions regarding I-485

[felipe2121 0]

So I am filling out my I-485 and had a couple of questions regarding the form, I already looked through the guides and took a look at the example I-485

form which is filled out for a K-1 visa holder:

I came here on a Tourist visa(Visa Waiver) and applied for a student visa which was denied after that I got married and I am now filling for the paperwork, so technicly I overstayed here, once I reiceived the denial notice of the student visa however I was told this wouldnt be a problem since its less then 180 days.

So:

On page #1 of the I-485 it says "Current UCIS Status" and "Expires on" what should I list here?

Then on page #1 it gives me a bunch of boxes to check under Application Type, what should I list here?

On page #2 it asks me the following "In what status did you last enter?"-I wrote down Visitor Visa Waiver However then it asks me for a Nonimmigrant Visa Number? Should I list my I-94 number? What should I list under "Date visa was issued" should I list the date I was admited?

Thank you for all the help hope everyone had a great thanksgiving.

Edited November 30, 2009 by felipe2121

[Otto 83]

** Topic is "Adjustment of Status from Work, Student, & Tourist Visas" related; moving thread there.

[FortLaudy 10]

So did you recently get married to a US citizen? is she petitioning for you? Filing I-130 for you? That's the first step and if you're completing I-485, you should file I-130 along with it.

On the visa waiver program, you get 6 months to stay from the date you enter, right? they normally stamp that date in your passport - the date by which you should leave. so that's the expiration date.. your F1 visa application was denied so none of the dates pertaining to it is relevant... You entered as a Visitor, so that's your current status.

I'm only assuming that you're married and that your wife will file I-130 for you (Petition for alien relative) as you're referring to the I-485, in that case the "Applicant Type" is "a"

You don't have a non- immigrant visa number as you did not receive a visa (visa Waiver program) and your F1 appliation failed (no visa, no visa number) write NONE.

Hope that helps, I know the process can be quite confusing, this website helps Enormously though, so read on!

[felipe2121 0]

So did you recently get married to a US citizen? is she petitioning for you? Filing I-130 for you? That's the first step and if you're completing I-485, you should file I-130 along with it.

On the visa waiver program, you get 6 months to stay from the date you enter, right? they normally stamp that date in your passport - the date by which you should leave. so that's the expiration date.. your F1 visa application was denied so none of the dates pertaining to it is relevant... You entered as a Visitor, so that's your current status.

I'm only assuming that you're married and that your wife will file I-130 for you (Petition for alien relative) as you're referring to the I-485, in that case the "Applicant Type" is "a"

You don't have a non- immigrant visa number as you did not receive a visa (visa Waiver program) and your F1 appliation failed (no visa, no visa number) write NONE.

Hope that helps, I know the process can be quite confusing, this website helps Enormously though, so read on!

Yes I recently got married to a US citizen in the United States, I came on a Visa Waiver which allows a 90 day stay, before the 90 day stay I went ahead and applied for a student visa which was denied due to the fact that you can not change your status on a Visa Waiver to a Student visa. After the denial I got married and I am about to file the I-130 along with the I-485, which also leads me to my next question would I have to file a I-485 Supplement A?, since I did overstay by 30 days once I reiceived the denial.

Any help is greatly appreciated

[felipe2121 0]

** Topic is "Adjustment of Status from Work, Student, & Tourist Visas" related; moving thread there.

Please move my posting back to Adjustment of Status (Green Card) from Family Based Visas since I am applying based on the marriage to a US citizen.

Thank you

[Otto 83]

Please move my posting back to Adjustment of Status (Green Card) from Family Based Visas since I am applying based on the marriage to a US citizen.

** No problem; this is likely the proper forum and is likely where you will get the best replies (more folks like yourself, adjusting status from visas other than family-based, i.e., not K-1/2, K-3/4) but will move it to "Adjustment of Status (Green Card) from Family Based Visas" if you prefer.

[FortLaudy 10]

As far as I understand from reading the big "NOTE" on the first page of the I-485A instruction page... in your case (married to a US Citizen and having entered legally and been inspected on entrance) you do not need to file this I-485A along with I-485. It seemed to me that this was meant as a legal means for people who entered illegally and want to remain in the country legally after marriage or having a US citizen child... Just be upfront if asked if you've overstayed and file ASAP before removal procedings are started... have you considered applying for an extension on your visa waiver?

[FortLaudy 10]

** Topic is "Adjustment of Status from Work, Student, & Tourist Visas" related; moving thread there.

Please move my posting back to Adjustment of Status (Green Card) from Family Based Visas since I am applying based on the marriage to a US citizen.

Thank you

You're not adjusting status from a family based visa (K1 etc.) your status is currently VISITOR according to immigration, so you should be posting in the adjusting of status from "work,student or visitor" status where you'll get better help.

[felipe2121 0]

As far as I understand from reading the big "NOTE" on the first page of the I-485A instruction page... in your case (married to a US Citizen and having entered legally and been inspected on entrance) you do not need to file this I-485A along with I-485. It seemed to me that this was meant as a legal means for people who entered illegally and want to remain in the country legally after marriage or having a US citizen child... Just be upfront if asked if you've overstayed and file ASAP before removal procedings are started... have you considered applying for an extension on your visa waiver?

The Visa Waiver can not be extended, worse case scenario I would just get a RFE from the USCIS and be told to file a I-485A correct?