quick question re: I-485 part 2

[MJhawk 0]

Application type?? which one would I check off. I'm thinking a. An immigrant petition giving me immediately available immigrant visa number that has been approved. I'm not sure can anyone clarify for me.

Oh and I'm applying for Adjustment of status through my Canadian visitor pass (since we don't get I-94 or VWP). Thank you

[Kathryn41 3,205]

Are you applying as the spouse of a US citizen? Is he/she filing the I-130 petition concurrently with your AOS? If yes to both those questions then you would check off a).

Just to be clear, you can't file for AOS because you are a Canadian visitor; you can file for AOS because you are married to a US citizen and entered the US as a visitor from Canada (with no prior intent of getting married when you entered).

[MJhawk 0]

Thanks for the reponse, I am now married to a USC and I am currently in the US. When I came here I had absolutely no intentions of staying here, when I came here he ended up proposing to me and after 3 months we decided to get married which was on Jan. 2, 2010.

[surfmania 0]

Hope that I am OK to join this topic with my question.

I am filling I-485 as well, I am US citizen and my wife is Japanese. We got married in Sept 2009 and she went back to Japan and came back a week ago with I-94. Yes, it is risky to process her GC with VWP, but we decided to go with this anyway.

As far as I see, I also need to click of "a", but in 'a' section, it says "Attach a copy of approval notice, or a relative, speical immigrant juvenile, or a speical immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved", I am not sure what I need to attach. copy of I-130?

Please advise.

MJhawk, I apologize if I interupted your conversation.

[daffydill 0]

You are eligible to file for I-130 (spouse of USC) and I-485 (Adjustment of Status) concurrently which is expensive but more streamlined.