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MrsBranue

i-485 part 2...what choice to use?

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

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MrsBranue Rookie

MrsBranue   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

My husband and I are starting the process of adjusting his status. He came to the states nearly 4 years ago on a work visa, and section 212e did not apply to him. We were married last month. On the I-485 part 2, where we are to specify the reason why he is adjusting his status from visa to green card, which option should we choose? We are inclined to choose option H and indicate that he is a J1 visa holder with exemption to section 212e. Are we correct in this assumption? None of the other options seem to fit us perfectly.

Oct. 2005- introduced by a mutual friend, hubby was living in Jamaica at the time, we become friends

Aug. 2007- hubby arrives to US on a J1 visa

May 2010- reconnected after losing touch for a few years, our relationship blossoms

Nov. 2010- hubby relocated to the Midwest so we can live together

Jan. 2011- I'm pregnant!

Feb. 2011- married on Valentine's Day!

AOS

3/14/11 Sent off I-485/I-130/I-765 to Chicago Lockbox

3/16/11 AOS package received

3/18/11 Text message notification that our package was received and I797 is coming in mail.

3/22/11 checks cashed

3/26/11 NOA1 hardcopy arrive for 1-485, I-130, I-765

3/31/11 biometrics letter arrives; appointment set for 4/25

4/7/11 biometrics walk-in; Indianapolis Field Office

5/12/11 EAD card arrived

6/3/11 Interview APPROVED!!!

6/16/11 Greencard arrived

Sep. 2011- expecting a baby boy!

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

It is Choice A. Read the parentheses part carefully. You are attaching a relative petition, which if approved, will make a visa number available to him. (Common question, don't worry).

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

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

Daniel B Apprentice

Daniel B   0

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

I also have the similar question, my wife is here in a b1/b2 visa, what section would I choose and if its other, how would i explain the reason?

Dec. 2009-Was introduced to who is now my wife

Mar. 2010-Started our relationship

July. 2010-She left to return back to Mexico

Nov. 18 2010- Entered US on B1/B2 visa

Jan. 2011-Got engaged

Mar. 5 2011-Got married in South carolina

Mar. 19 2011-Filed I-485, I-130, I-795

Mar. 21 2011- E-notification receiving of all forms

Apr. 1 2011- Went to civil surgeon for form I-693

Apr. 2 2011- Received NOA1 for all forms

Apr. 4 2011- Went back to receive form I-693

Apr. 4 2011- E-notification for a RFE on I-495

Apr. 6 2011- Received biometrics appointment date

Apr. 11 2011- Received RFE via mail.

Apr. 11 2011- Mailed out supporting documents needed for RFE.

Apr. 28 2011- Biometrics appointment in Norfolk, VA

May 10 2011- Received notice in mail for interview

May 21 2011- EAD approved!!

Jun 1 2011- received EAD card in the mail

Jun. 9 2011- Interview date for I-485

Jun. 9 2011- I-130 and I-485 approved!!!!!!!

Jun. 23 2011- Green card production via E-notification!

MrsBranue Rookie

MrsBranue   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted

It is Choice A. Read the parentheses part carefully. You are attaching a relative petition, which if approved, will make a visa number available to him. (Common question, don't worry).

Thank you very much! We did go back and read what was in parentheses. This part had us pretty confused when we filled out the paperwork earlier tonight. We then added a copy of hubby's Certificate of Eligibility for Exchange Visitor (J-1) Status that was stamped at the POE. Hopefully that will suffice what was being asked of us.

We have spent the last 5 hours completing these forms. (Ugh! I'll only be getting about 4 hours sleep tonight.) Since the I-693 arrived earlier this week and I already received my tax transcripts, all we have left to do are the passport photos. We can knock that out tomorrow after work and head to the post office to send this puppy off :)

Oct. 2005- introduced by a mutual friend, hubby was living in Jamaica at the time, we become friends

Aug. 2007- hubby arrives to US on a J1 visa

May 2010- reconnected after losing touch for a few years, our relationship blossoms

Nov. 2010- hubby relocated to the Midwest so we can live together

Jan. 2011- I'm pregnant!

Feb. 2011- married on Valentine's Day!

AOS

3/14/11 Sent off I-485/I-130/I-765 to Chicago Lockbox

3/16/11 AOS package received

3/18/11 Text message notification that our package was received and I797 is coming in mail.

3/22/11 checks cashed

3/26/11 NOA1 hardcopy arrive for 1-485, I-130, I-765

3/31/11 biometrics letter arrives; appointment set for 4/25

4/7/11 biometrics walk-in; Indianapolis Field Office

5/12/11 EAD card arrived

6/3/11 Interview APPROVED!!!

6/16/11 Greencard arrived

Sep. 2011- expecting a baby boy!

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Since you are adjusting status from a non-immigrant visa (the J1) based on marriage, you are filing the I-130 form along with the I-485. This form is what "gives you an immediately available immigrant visa number". You need the copies of the current visa along the application anyway, but the J1 is not what makes him eligible for an immigrant visa, it's the marriage.

Have you also checked to make sure his J1 visa does not have a home stay requirement attached to it, i.e. he is not required to return home after his J1 status expires?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

MrsBranue Rookie

MrsBranue   1

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted

Since you are adjusting status from a non-immigrant visa (the J1) based on marriage, you are filing the I-130 form along with the I-485. This form is what "gives you an immediately available immigrant visa number". You need the copies of the current visa along the application anyway, but the J1 is not what makes him eligible for an immigrant visa, it's the marriage.

Have you also checked to make sure his J1 visa does not have a home stay requirement attached to it, i.e. he is not required to return home after his J1 status expires?

Yes, his visa has "section 212e does not apply" written on it :)

Oct. 2005- introduced by a mutual friend, hubby was living in Jamaica at the time, we become friends

Aug. 2007- hubby arrives to US on a J1 visa

May 2010- reconnected after losing touch for a few years, our relationship blossoms

Nov. 2010- hubby relocated to the Midwest so we can live together

Jan. 2011- I'm pregnant!

Feb. 2011- married on Valentine's Day!

AOS

3/14/11 Sent off I-485/I-130/I-765 to Chicago Lockbox

3/16/11 AOS package received

3/18/11 Text message notification that our package was received and I797 is coming in mail.

3/22/11 checks cashed

3/26/11 NOA1 hardcopy arrive for 1-485, I-130, I-765

3/31/11 biometrics letter arrives; appointment set for 4/25

4/7/11 biometrics walk-in; Indianapolis Field Office

5/12/11 EAD card arrived

6/3/11 Interview APPROVED!!!

6/16/11 Greencard arrived

Sep. 2011- expecting a baby boy!

 
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