Dilema on Filling I-485 A Supplement.

[felipe2121 0]

Ok so, some people said that I need to file it and other say that I dont????

Here is my situation:

I came to the USA May 4th 2009 on a Visa Waiver(German Citizen), before my status was up I ended up filing for a Student visa which was denied due to the fact that you can not change your status from a visa waiver to a student visa. About 3 weeks later after getting denied I got married to my girlfriend who is a US citizen both of us currently live here in the USA.

I am almost done with my packed and wonder if I should send in the I-485 A, but I am confused as some people have told me I dont.

So do I have to submit it or not? What if I send it without it, and then USCIS decides that I need one would I get RFE and submit it at a later time?

Any input is appreciated.

Thanks

[felipe2121 0]

Any help would be appreciated as I am about to submit my packet.

[TayRivers 4]

You do not need to file the I-485A just the I-130 & I-485 and supporting forms.

Tay

[felipe2121 0]

You do not need to file the I-485A just the I-130 & I-485 and supporting forms.

Tay

The main reason I ask is beacuse on the instruction page it reads:

"Who May Use Supplement A to Adjust Status to That of LPR Under Section 245(i)?"

F.Aliens admitted as nonimmigrant visitors under section 212(l) of the Act or under the Visa Waiver Program;

If I submit my package without it and would later require it, I would just reiceive a RFE and wouldnt have to pay for the I-130/I-485 again right?

Thanks

[beng_and_carl 0]

so, did you submit one? i am organizing the paper works for my cousin. his situation is he overstayed here as a tourist visa holder.

coz we're confused on this statement that if you are adjusting as a spouse of a US citizen, you do not need to file the form.

but, if you became out of status in the US, you need to file the form and pay the penalty. this is very confusing!

[JERIII 8]

so, did you submit one? i am organizing the paper works for my cousin. his situation is he overstayed here as a tourist visa holder.

coz we're confused on this statement that if you are adjusting as a spouse of a US citizen, you do not need to file the form.

but, if you became out of status in the US, you need to file the form and pay the penalty. this is very confusing!

The I-485A form is only used for people filing under an amnesty program that has now expired. It is very unlikely that you should file it. It is not used for people who have simply overstayed. But, when in doubt, read the instructions for the form on the USCIS website.