another I-485 question

[mlal 0]

Alright i'm sorry that i have another "duh" question about the I-485, but we are almost done thanks to everyone's help

Ok so my husband came over on the vwp at the end of march, it ends at the end of june....we filled out the I-485 and when we looked over it tonight we realized for part 2 "I am applying for an adjustment to permanent resident beceause"we marked "b" my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

However when we re read it, i think that means if me the usc had been granted permanent residence.

So my question is if he came over on the vwp which box should we mark?

Thanks everyone for your help

[Harpa Timsah 13,258]

A.

[mlal 0]

Thank you so much for your quick reply

[grrrrreat 109]

Alright i'm sorry that i have another "duh" question about the I-485, but we are almost done thanks to everyone's help

Ok so my husband came over on the vwp at the end of march, it ends at the end of june....we filled out the I-485 and when we looked over it tonight we realized for part 2 "I am applying for an adjustment to permanent resident beceause"we marked "b" my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

However when we re read it, i think that means if me the usc had been granted permanent residence.

So my question is if he came over on the vwp which box should we mark?

Thanks everyone for your help

B isn't right. B is for spouses of people who are becoming lawful permanent residents, where the category permits derivative LPR status for spouses and children (i.e., the alien is allowed to become an LPR and also get LPR status for her spouse and children). This is usually employment related and some family preference categories, because there is no such thing as derivative status for immediate relatives (and a spouse is an immediate relative).

A is accurate because you are filing a I-130 petition that will give you an immediately available visa number. Immediate relative petitions give you an immediate visa number because there's no quota or waiting period (as there is for other categories).