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deli12

Ready to file AOS papers, however not sure if we should file I-485A form as well...Please HELP!!!

By deli12 in Adjustment of Status from Work, Student, & Tourist Visas

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deli12 Rookie

deli12   0

Posted
Filed: Other Country: France
 Timeline
Posted

Hello All,

I am a new member and found quite a bit of information on the forums, however what I have not been able to locate is, do I need to fill out an I-485A form?

My husband and I got married on 11/09/2006. His B-2 visa expired on 12/05/2006. Since he is currently out of status, do we also need to file form I-485A and pay the $1,000 fine? If so, which box do I check on question #1 as he does not fit into any of the categories. See choices below:

1. I am filing supplement A to form I-485 because:

I am the beneficiary of a visa petition filed on or before January 14, 1998

I am the beneficiary of a visa petition filed on or after January 15, 1998, and on or before April 30, 2001

I am the beneficiary of an application for labor certification filed on or before January 14, 1998

Thanks in advance for your replies.

I am the beneficiary of an application for labor certification filed on or after January 15, 1998, and on or before April 30, 2001

Inky Grand Master

Inky   1,111

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I believe you also need to file the I-130 with the AOS and not just the AOS. Might be wrong tho.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Nope.

You file I-130, I-485, and I-765 concurrently. No $1,000 fine and no I-485A.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted

The I-485A form is used for those eligible to file under 245i. This means that an approvable visa petition was filed before 04/30/2001. So it does not really have anything to do with overstay. Short answer, no you don't need it. :)

Best of luck!

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

deli12 Rookie

deli12   0

Posted
Filed: Other Country: France
 Timeline
  • Author
Posted

The I-485A form is used for those eligible to file under 245i. This means that an approvable visa petition was filed before 04/30/2001. So it does not really have anything to do with overstay. Short answer, no you don't need it. :)

Best of luck!

Thanks katgirl. What a relief to not have to shell out an extra $100 bucks!

 
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