Part II on I-485

[thwapmekrz 0]

My husband originally arrived to the US under a J-1 visa. We met, fell in love and recently married.

We are currently filling out all the required paperwork for the USCIS (I-130, I-765, I-864, Biographical forms....and the lovely I-485). Of all the Forms we are completing, the only one we have a big question with falls under Part II (Application Type) of the I-485. We sought advice on "Just Answer" and honestly, I do not feel it is correct. We are receiving conflicting information for several sources, and I was curious to get input from those who have been in (or are in) a similar circumstance.

I am a born US citizen, which is why I do not feel like we would fall under Box 'b.' However, we don't feel like we fall under Box 'a' either. We are just struggling with what to select to ensure we don't get delayed (or denied! )

Anyone willing to share some personal (or professional) insight that might relate to our situation would be sincerely and greatly appreciated!

G

[discoverusa 277]

The answer is A, because when I 130 is approved it will give visa number immediately available. As the guides suggest you submit both forms concurrently ( I 130, I 487, etc).

Just make sure he doesn't have two years home residency requirement with his J 1 visa.

[discoverusa 277]

You can also search or ask specific questions at: avvo.com.

[aleful 1,905]

A

he will have an approvable i130 to file adjustment of status

[thwapmekrz 0]

Everyone -- THANK YOU for sharing this information. We assumed it was 'A', but after receiving the information from the immigration attorney from JustAnswer.com stating to select 'B' we were confused. That has since been cleared up, and your replies make me feel much better.

THANK YOU, THANK YOU!

Best of luck to everyone going through the same process

[Pitaya 2,577]

~Moved from Family-based AOS Progress to WST-based AOS Progress Forum~

~AOS from J-1 visa~