AOS Form I-485 Questions

[jilwrinkle 0]

Okay... My wife arrived on a K-3 / CR-1 visa. Apparently as this is an immigrant visa, there is no I-94 stapled in her passport. Unfortunately, this leaves me with a bunch of blanks on the I-485 that I need help filling in:

Question 1: Part 1, Information About You. I-94#. Should I put N/A? Or all zeros? Or "none"?

Question 2: Part 2, Application Type. I assume it is "a." as I have an NOA-2 approval of an I-130 form.

Question 3: Part 3, Processing Information. "Give your name exactly as it appears on your Form I-94, Arrival-Departure Record". I know my wife's name obviously, but should I put something here, or just "N/A"?

Question 4: Part 3, Processing Information. "In what status did you last enter?" Not sure what to put here.

Question 5: Part 3, Processing Information. "Nonimmigrant Visa Number". My wife has an immigrant visa. Should I put the immigrant visa number here? Or just "N/A"?

[Inky 1,110]

Go to your nearest airport with a customs section and get an I-94. She should have been given one on entry. You need to include a photo copy front and back of the I-94 with the AOS package.

[kcoyclay1 98]

Didnt she fill it out on the plane? That's proof that she entered legally. Did they stamp her passport? Use that as evidence when you go to the airport to get a copy of the I-94. All the best v

[ceadsearc 516]

Wait, did she arrive on a K3 or a CR-1? They are two different marriage visas but only on the K3 must AOS be completed.

[baron555 934]

Wait, did she arrive on a K3 or a CR-1? They are two different marriage visas but only on the K3 must AOS be completed.

Correct, CR-1s are granted a GC upon arrival.

[VanessaTony 3,567]

Did she arrive on a CR-1 or a K3? As was stated she doesn't need to AOS if she arrived on a CR-1. Have a look at her visa and the stamp in her passport.

[Brother Hesekiel 2,236]

Okay... My wife arrived on a K-3 / CR-1 visa. Apparently as this is an immigrant visa, there is no I-94 stapled in her passport. Unfortunately, this leaves me with a bunch of blanks on the I-485 that I need help filling in:

If your wife arrived with a CR-1 visa, she is a Green Card holder since before she even left the airport building. Why would you file for AoS? What would a Green Card holder be trying to adjust to?

You are confused, very confused. Put down the pen. Walk away from the form, you don't need to do a thing for almost 2 years now.

[jilwrinkle 0]

If your wife arrived with a CR-1 visa, she is a Green Card holder since before she even left the airport building. Why would you file for AoS? What would a Green Card holder be trying to adjust to?

You are confused, very confused. Put down the pen. Walk away from the form, you don't need to do a thing for almost 2 years now.

Yes, I am confused... definitely confused. My wife does have a CR-1. It says so right in her passport on the entry stamp. Okay... my questions are then narrowed to:

1. Does she need an I-94 form in her passport if she has a CR-1 visa?

I'll figure out the rest later and get back to you all with any questions. Thanks everyone for your answers.

[ceadsearc 516]

No. LPRs don't get I-94s. Since your spouse arrived on a CR-1 they were an LPR from the moment they arrived. No AOS is needed.

[VanessaTony 3,567]

Yes, I am confused... definitely confused. My wife does have a CR-1. It says so right in her passport on the entry stamp. Okay... my questions are then narrowed to:

1. Does she need an I-94 form in her passport if she has a CR-1 visa?

I'll figure out the rest later and get back to you all with any questions. Thanks everyone for your answers.

She DOESN'T file an I-485. She is already a legal permanent resident. She should get the actual greencard in the mail soon and the stamp in the passport acts as a temporary one.

PLEASE read more. You obviously don't understand the process. She is a GC holder for 2 years. Once you receive the card check the expiry date. If it's a 2 year GC she needs to file ROC 90 days before the card expires and no sooner.

Edited January 6, 2012 by Vanessa&Tony

[ceadsearc 516]

Agree with Vanessa&Tony but just want to double check - it is a CR-1 NOT a K-3 she has, right? In another post you asked about going abroad when she entered on a K-3. What, if anything, she needs to do from this point on depends completely on whether she has a CR-1 or a K-3 visa.

[Harpa Timsah 13,258]

If she has no I-94 chances are she had a CR-1 and is now a Permanent resident.

[VanessaTony 3,567]

Agree with Vanessa&Tony but just want to double check - it is a CR-1 NOT a K-3 she has, right? In another post you asked about going abroad when she entered on a K-3. What, if anything, she needs to do from this point on depends completely on whether she has a CR-1 or a K-3 visa.

Post #8 he said CR-1. I get the feeling he filed both then looked to see what would happen either way and got all caught up in the K3 stuff and didn't realise Cr-1 would need all that.