AOS from F-1 Student, Marriage Based I-485 Part 2: What is my application type?

[winterjane 0]

I am an F-1 student on OPT, but currently unemployed (there's a 90 day unemployment time allowed during OPT). My husband is a US citizen and I'm filing I-485 to adjust my status.

I don't fall on any of the situation listed under Part 2 "Application Type" of I-485 form (12/16/08 version). Should I check "h" (other basis of eligibility) then explain it myself?

------------------------------The application types listed on I-485 are as the followings:------------------------

I am applying for an adjustment to permanent resident status because (check one):

a. An immigrant petition giving me immediately available immigrant visa number that has been approved.

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

c. I entered as a K-1 fiance of a US citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiance.

d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

e. I am a native or citizen of Cuba admotted or paroled into the US after January 1, 1959, and thereafter have been physically present in the US for at least one year.

f. I am the husband, wife or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admotted or paroled in to the US after January 1, 1959, and thereafter have been physically present in the US for at least one year.

g. I have continuously resided in the US since before January 1, 1972.

h. Other basis of eligibility (for example, I was admitted as a refuge, my status has not been terminated, and I have been physically present in the US for one year after admission)

I am already a permanent resident and am applying to have the date I was granted permanent residence adjusted to the date I originally arrived in the US as a nonimmigrant or parolee, or as of May 2, 1964, whichever date is later, and (check one):

i. I am a native or citizen of Cuba and meet the description in (e) above.

j. I am the husband, wife, or minor unmarried child of a Cuban and meet the description in (f ) ablve.

---------------------

Anyone knows which one I should check?

Thanks a lot!

[marie09 5]

A

I think `A' also covers if your relative is concurrently filing a I-130 for you that will make an immigrant visa number immediately available to you. True in the case of a spouse.

Good Luck to you

[winterjane 0]

A

I think `A' also covers if your relative is concurrently filing a I-130 for you that will make an immigrant visa number immediately available to you. True in the case of a spouse.

Good Luck to you

Thanks for your reply!

My husband and I are both in the US, so I'm not sure if I-130 will give me an immigrant visa since I'm already in the States?

[marie09 5]

My husband and I are both in the US, so I'm not sure if I-130 will give me an immigrant visa since I'm already in the States?

I applied for AOS within the US too - from a work visa. I checked box A too and so far no problems. My husband is also a US citizen. And from what I read spouses of US citizens automatically get assigned an immigrant visa number. Though we dont get a visa as we are in country and do not need one - we get a green card.

Im sure you will get more confirmation from other posters soon too. Good Luck

[marie09 5]

These past threads should help you too:

http://www.visajourney.com/forums/index.php?showtopic=230556

http://www.visajourney.com/forums/index.php?showtopic=157436

[winterjane 0]

These past threads should help you too:

http://www.visajourney.com/forums/index.php?showtopic=230556

http://www.visajourney.com/forums/index.php?showtopic=157436

Thanks a lot for your information, Marie09!

[radacos 0]

BTW, you are sending the I-130 at the same time as the I-485, right? The two applications need to be processed together. Since you are already in the US, the I-130 makes it possible for you to apply to change your status right away, but they are both necessary for AOS.