AOS I-485 Application Type

[crbabelgium 13]

Hi All,

First time posting on the site but long time viewer. I am a naturalized U.S Citizen (male). I got married to a French citizen in Dec after she had been in the U.S for over 2 months on a 6 month B-2 visa. She came to visit family friends in VA and also visited with me without intending to immigrate to the U.S permanently. We had spent part of our childhood together in France when I was very young (8 years - 11 years) but had not seen each other since 1991. After visiting with me, we fell in love and decided to get married. I have followed the guide here http://www.visajourney.com/content/i130guide2 and have collected all the documents/paperwork necessary. Basically everyting is ready to go but I am stumped on the following question below on I-485 Application Part 2 Application Type. I have answered it using the Other option. Can you tell me if this is answered correctly or if I should pick another choice instead?

clipping.tiff

[ManCharsey 254]

No. For her case (being that she came over as a tourist and you guys married and she's adjusting status) you would check the first box (a). So you file the I-130 and the I-485 concurrently. The I-130 and the fact that you are a US citizen is what gives her an immediately available priority date. Where it asks for alien number, you leave blank for I-864 and I-485 and fill in None for G-325 and I-130. Read all the instructions well and ask any questions you need so you get help and file it correctly. USCIS is very particular about the forms being filled out well and the required documentation/evidence attached per their instructions. Good luck!

[aleful 1,905]

hi

ditto, A a visa will be immediate available and that's why she can file concurrently the i130 and i485

[crbabelgium 13]

Thank you! I will change it to (a) and also ammend the I-130 and her G325A. It has been a long process to gather all the paperwork. For evidence of a bonafide marriage we have the following documents showing co-mingling:

a) She has been added to my work provided health insurance.

b) We have gotten a joint bank account together.

c) We are filing a joint federal tax return and we are applying for a ITIN for her. I used an IRS certifying Acceptance Agent (CAA) and have included copies of our tax return with IRS form W7 and the form the IRS CAA filled out.

Do you think this is enough evidence of a bonafide marriage or should we gather more evidence to include in our packet?

Thanks again for the quick replies.

[ManCharsey 254]

That should be good for the evidence but also include your marriage certificate, pictures of you together with friends and family. You will need more evidence for the interview so start collecting as many as you can. Utility bills in both your names, rental/lease agreements in both your names to establish sharing a common domicile.

[Erica & L 50]

A few affidavits from family and/or friends would also be beneficial for evidence!