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Filing I-485 and I-130 together...not sure how to answer Part 2 of I-485

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Hi Everyone...

I'm new to this forum, and hoping to get some advice from you all as I complete my applications for AOS. I'm currently on H1B, and my wife is a USC. We're filing the I-485 and I-130 together and we're stumped on question 2 on the I-485. It says, "I am applying for an adjustment to permanent resident status because...."

I checked "h" and explained..."Married to a US Citizen and filing I-130 concurrently." I'm not sure this is the correct choice, although a friend of mine who is an immigration attorney told me that was correct. However, I have also been told that option "a" would be appropriate in my case. Help anyone? Thanks!

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Filed: Lift. Cond. (apr) Country: Ghana
Timeline

When i filed my AOS i choose option "A", and in the blank space wrote "I'm married to a USC". I was adjusting from a tourist Visa. If you read the instructions, option "A" will be the likely option to pick.

AOS From B2 Journey

8/13/10: AOS Package Sent

8/16/10: Package Received at Chicago Lock Box

8/26/10: Checks Cleared and Case Transferred to NBC

8/30/10: NOA Text/ Email and Hard Copy

8/31/10: Case Status Appears On USCIS Site

9/9/10: I-130 I-485 I-765 Touched

10/5/10: Called USCIS abt "No Bio Letter" / Service Request

10/13/10: Hard Copy Service Request

10/20/10: I-765 I-485 Touched

10/21/10: I-765 I-485 Touched Again :-)

10/23/10: Biometric Letter Received For Nov 15 App

11/15/10: Biometric Appointment

11/15/10: EAD Approved..... I-485 & I-765 Touched

11/16/10: Card Production Ordered.....I-485 & I-765 Touched

11/19/10: Card Production text and email received again for I-765. I-765 Touched

11/23/10: EAD Received

11/29/10: Applied for ID and SS card

12/04/10: SS card and AOS Interview Letter received

01/04/11: AOS Interview..APPROVED!!!

01/13/11: Green Card Received

ROC JOURNEY

10/09/12: ROC Filed

10/12/12: Package delivered to VCS

10/17/12: Check cashed, but no NOA1 yet.

10/20/12: NOA1 hardcopy received. Dated 10/15/12

11/09/12: Biometrics Notice

12/04/12: Biometrics Done

01/04/13: 2yr GC expires

04/26/13: RFE :-(

05/22/13: REF Response Mailed

06/06/13: Text and Email update: Card production ordered!!!

06/10/13: USCIS update about card mailed!

06/12/13: CARD RECEIVED!!! dancin5hr.gif

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Filed: Citizen (apr) Country: Canada
Timeline

moved from AOS from a family visa forum to AOS from a work, student & tourist visa forum as OP is adjusting from a work visa

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: Citizen (apr) Country: Spain
Timeline

We really need to "pin" this answer to the top of this forum: it has to be one of the most frequently asked questions here.

The correct answer is "A." No further explanation needs to be written. As the relative of a US citizen, an immigrant visa number will be immediately available to you if the application is approved. All the "or"s in the part in parentheses are so confusing.

The relevant part in parentheses should read, "Attach ... a relative ... petition filed with this application that will give you an immediately available visa number, if approved." That relative petition is the I-130. Be sure you send them both (I-130 and I-485 in the SAME envelope when you file these concurrently!)

Hope this helps.

Good luck!

AJ

Our Timeline (AOS from VWP with short overstay):

Day 00: 19 Sep 2010 AOS package (I-485, I-130, I-131, I-765) sent to Chicago Lockbox

Day 18: 07 Oct 2010 Biometrics appointment letter received for 29 Oct 2010 (dated 01 Oct 2010)

Day 19: 08 Oct 2010 Walk-in biometrics (took about 10 minutes)

Day 47: 05 Nov 2010 Received letter (dated 01 Nov 2010) for Interview on 07 Dec 2010

Day 68: 26 Nov 2010 I-131 TOUCHED: AP approved

Day 73: 01 Dec 2010 I-765 TOUCHED: EAD approved

Day 76: 04 Dec 2010 AP received

Day 79: 07 Dec 2010 Interview at 1 p.m. (took maybe 15 minutes): RECOMMENDED FOR APPROVAL!

Day 82: 10 Dec 2010 EAD received (dated 01 Dec 2010)

Day 83: 11 Dec 2010 "WELCOME TO THE UNITED STATES OF AMERICA" letter received (dated 07 Dec 2010)

Day 90: 18 Dec 2010 GREEN CARD IN HAND! (dated 07 Dec 2010)


Day 000: 27 Nov 2012 ROC package (I-751) sent to California Service Center

Day 005: 03 Dec 2012 Received hard copy of NOA (dated 28 Nov 2012)

Day 244: 29 Jul 2013 Biometrics appointment letter received for 07 Aug 2013 (dated 27 Jul 2013)

Day 247: 01 Aug 2013 Walk-in biometrics (took about 25 minutes)

Day 308: 01 Oct 2013 Received approval notice for ROC (dated 24 Sep 2013)

Day 317: 10 Oct 2013 GREEN CARD IN HAND!

 

Day 000: 16 Sep 2017 N-400 filed online

Day 007: 23 Sep 2017 Biometrics appointment scheduled for 12 Oct 2017

Day 024: 10 Oct 2017 Walk-in biometrics (took about 10 minutes)

Day 059: 14 Nov 2017 Received notice that Interview scheduled for 19 Dec 2017

Day 066: 20 Nov 2017 Received hard copy of Interview notice (dated 14 Nov 2017)

Day 094: 19 Dec 2017 INTERVIEW (PASSED!)

Day 145:  08 Feb 2018 OATH CEREMONY

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Yep! Correct choice is "A" as Caeremonarius explained.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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