i485 question about an adjustment to permanent resident

[smilecow 0]

hello..

I am looking for your insight.

I came to the U.S 5 or 6 yrs ago as a b-2 visitor and changed my status as a f1 student.

My dad got an American citizenship about 7 yrs ago and he applied for i-130 for me . Now I got approval.

Because my dad has been retired, my sister is going to be my sponsor.

I need to send the forms of i485, i765. i864, g325a for a green card myself.

Now I have two questions.

I have to choose one of the check box for my situation on part 2 of i485.

a. an immigrant petition giving me an immediately available immigrant visa number has

been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile,
or special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)

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 spouse and children.

Now I got confused which one I have to pick?

Thank you so much

[Hypnos 6,578]

This is answered in the FAQ: http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

Are you under 21? If not, are you still in a valid F-1 status?

Edited February 1, 2015 by Hypnos

[kzielu 1,151]

And if not, what is your priority date and in what category are you applying ?

[aleful 1,905]

hi

ditto, we need more information to see if you really do qualify for adjustment of status in the US

age, when was the i130 filed for you, country of origin, if you still have a valid student visa

[smilecow 0]

right now I am 29 yrs old. I am still in a valid f1 status. i130 was applied on June 28,2007 in USA.

When it was applied, I was 22.

[smilecow 0]

When it was applied, I was in USA..

I realized that my father was not a citizen at that time . He had a green card only.

I am South Korean.

Thank you so muuuuch for your replies.

[aleful 1,905]

hi

so you have been here legally all those 7 years? if so, then your priority date is current and you can adjust status in the US. but you cannot be illegally in the US for not one day

[smilecow 0]

yes. I have been living in the US legally since I came..

so my case is a or b on part 2 of i485 ?

a. an immigrant petition giving me an immediately available immigrant visa number has

been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile,
or special immigrant military visa petition filed with this application that will give you an
immediately available visa number, if approved.)

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 spouse and children.

one more question.. the instruction about i864 says that the sponsors need to turn in 6 month pay stubs.. Do I have to? some people say that only 1 or 2 pay stubs are fine

Edited February 1, 2015 by smilecow

[aleful 1,905]

hi

A, you have an approved i130 and you must send a copy of the approved i130 with the adjustment packet

[aleful 1,905]

you won't the i864 is for your petitioner, mom or dad who filed for you

usually 2 paystubs are enough, some send in 6 months worth of paystubs

[smilecow 0]

again!! Thank you soooo much, aleful.

When you say a copy of the approved i130, it means " the document" in the photo?

I read the instruction and it says a copy of an approval notice that make a visa number immediately available to you

Edited February 1, 2015 by smilecow

[Hypnos 6,578]

As I linked above:

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status

Q: On the I-485 part 2, what application type should I select?

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

[smilecow 0]

" an approval notice that make a visa number immediately available to you" is the document in the photo?

[aleful 1,905]

hi

yes, send a copy of the document above with the adjustment of status packet

normally children over 21 cannot adjust in the US, they will go through consular processing, so a copy of the i130 above went to the NVC, center that processes cases that will go through consular processing, your mom or dad might receive a letter from them to start the process. they must call the NVC or send an email stating that you will be adjusting status in the US

[Hypnos 6,578]

normally children over 21 cannot adjust in the US

Hogwash.

Anyone can adjust status in the US provided:

(i) A visa number is immediately available to them.

AND

(ii) They have maintained a lawful nonimmigrant status in the US the entire time they have been here, unless they are an immediate relative of a US citizen - in which case they must only have entered the US legally, they do not need to have necessarily maintained their nonimmigrant status.

In this case, a visa number is immediately available to the OP (due to the approved I-130 for which the priority date is now current) and they have maintained status, first in B-2, then in F-1.

USCIS will request the approved I-130 back from the NVC themselves when the I-485 is filed with a copy of the I-130 approval notice. The case will then proceed as a concurrent filing.