Confused on I-130 and I-485 filing

[Ccooper 0]

Hi,

So I am a US citizen married legally married to a British citizen. We previously filed a K-1 visa, unfortunately all paperwork was approved and the interview wasn't given till after the marriage ceremony. That visa was no longer valid. After we were married in the US, I filed a I-130 along with my husbands I-485 concurrently. We received our letters saying they got all of our forms. My husband received the letter to get his biometrics. We just got in the mail, that he needs to get his medical (which we figured, but we had submitted all the medical info form our K-1 hoping they would use it....silly us!), but then it also said we need to submit Supplement A-485, which is known as the 245i. I really don't understand what the 245i is for. I am completely confused on why this needs to be submitted. My husband is currently in the US on a visitor visa. Can anyone please shed some light on this for me!!! HELP

Courtney

[Hypnos 6,576]

Without seeing the full text of the letter you received, it's likely what they said was that they need to see either: (i) proof of legal entry (copy of I-94, passport stamps, etc.) or (ii) I-485A supplement. The I-485A is not appropriate for your case and you do not qualify for it, so (i) is the way to go.

You may want to post the full text of the letter (with personal information redacted) to be sure of this.

Edited December 4, 2012 by Hypnos

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum; concurrent filing of an I-130 and I-485 begins the AOS process from one of the afore mentioned visas.

[Ccooper 0]

Without seeing the full text of the letter you received, it's likely what they said was that they need to see either: (i) proof of legal entry (copy of I-94, passport stamps, etc.) or (ii) I-485A supplement. The I-485A is not appropriate for your case and you do not qualify for it, so (i) is the way to go.

You may want to post the full text of the letter (with personal information redacted) to be sure of this.

Hi,

Thanks for your help, the letter says:

Submit one of the following:

1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form 1-94 Arrival/Departure record, Form I-512 with completed arrival stamp, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

or

2. File the 245 (i)

Now if he is on a visitor visa, would we just have to send in a copy of his passport stamp??

[Ccooper 0]

Hi,

So I am a US citizen married legally married to a British citizen. We previously filed a K-1 visa, unfortunately all paperwork was approved and the interview wasn't given till after the marriage ceremony. That visa was no longer valid. After we were married in the US, I filed a I-130 along with my husbands I-485 concurrently. We received our letters saying they got all of our forms. My husband received the letter to get his biometrics. We just got in the mail, that he needs to get his medical (which we figured, but we had submitted all the medical info form our K-1 hoping they would use it....silly us!), but then it also said we need to submit Supplement A-485, which is known as the 245i. I really don't understand what the 245i is for. I am completely confused on why this needs to be submitted. My husband is currently in the US on a visitor visa. Can anyone please shed some light on this for me!!! HELP

Courtney

The letter says:

Submit one of the following:

1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form 1-94 Arrival/Departure record, Form I-512 with completed arrival stamp, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

or

2. File the 245 (i)

Now if he is on a visitor visa, would we just have to send in a copy of his passport stamp??

[hmh33 117]

Hi,

Thanks for your help, the letter says:

Submit one of the following:

1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form 1-94 Arrival/Departure record, Form I-512 with completed arrival stamp, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.

or

2. File the 245 (i)

Now if he is on a visitor visa, would we just have to send in a copy of his passport stamp??

Is he really on a B-1/B-2 visitor visa or is he on the visa waiver program? If he actually has a B-1/B-2 visa then he should also have a small white form I-94 and you should send a copy of that. If he's on the visa waiver program then send a copy of the stamp in his passport with a note saying "Visa waiver program, no I-94" and preferably include a copy of his ESTA receipt.

It is super important to use precise, correct terminology both when discussing your case on these forums and in your communication with USCIS.

[Ccooper 0]

Is he really on a B-1/B-2 visitor visa or is he on the visa waiver program? If he actually has a B-1/B-2 visa then he should also have a small white form I-94 and you should send a copy of that. If he's on the visa waiver program then send a copy of the stamp in his passport with a note saying "Visa waiver program, no I-94" and preferably include a copy of his ESTA receipt.

It is super important to use precise, correct terminology both when discussing your case on these forums and in your communication with USCIS.

Hi,

He is on a I-94 w nonimmigrant visa waiver. So he just needs to send in the copy of passport stamp and the note?? Thanks for your help!

Court

[hmh33 117]

Does he have a small green form I-94W? If he has, he should send a copy of that as proof of status. But those aren't usually issued to people traveling on the visa waiver program anymore unless they enter at a land border rather than by air. If not, don't say he's on "I-94W" or USCIS will want to know where his form I-94W is!

[Ccooper 0]

Does he have a small green form I-94W? If he has, he should send a copy of that as proof of status. But those aren't usually issued to people traveling on the visa waiver program anymore unless they enter at a land border rather than by air. If not, don't say he's on "I-94W" or USCIS will want to know where his form I-94W is!

They give the forms electronically now. He filled on out and its valid for two years. So its in a database somewhere!

[hmh33 117]

Right, he filled out an ESTA application electronically, it was approved, he travelled on the visa waiver program and does not have an I-94 nor an I-94W. Send the photocopy of the entry stamp in the passport, write a note on it saying "Visa Waiver Program, no I-94", and if possible include a printout of his ESTA receipt. It's not complicated, it's just important to get the details exactly right.

[Ccooper 0]

Right, he filled out an ESTA application electronically, it was approved, he travelled on the visa waiver program and does not have an I-94 nor an I-94W. Send the photocopy of the entry stamp in the passport, write a note on it saying "Visa Waiver Program, no I-94", and if possible include a printout of his ESTA receipt. It's not complicated, it's just important to get the details exactly right.

Thanks