I-485 and concerns

[Robinhood21 2]

Hello people,I have few concerns for I-485.

My wife submited the form I-130 few weeks ago,we received NOA1 by text and email a week ago and yesterday we received by regular mail the hard copy of NOA1 (I-797c).

Now we are ready to submit the form I-485 and these are my concerns since I am the benefitiary:

- I was reading the instructions for I-485 and never says anything about submit evidence of Bona Fide Marriage,correct???

- How many passport pictures do I have to include in the package in total??

Please and thank you in advance for any help,suggestions and/or advise.

[Pitaya 2,577]

~Moved from Fam.-based AOS to WSTourist-based AOS Forum~

~Adjusting from tourist visa~

[Robinhood21 2]

@ Pitaya....why don't you delete yourself and stop harassing people and forums???

My AOS is based on my wife's petition.

[DeKi 10]

@ Pitaya....why don't you delete yourself and stop harassing people and forums???

My AOS is based on my wife's petition.

@Robinhood21

The moderators actually perform a valuable service, including filing threads in the correct forums, so no need to get upset. Your message is still available on the site and the idea is to post it to the peers who are in a similar situation to yours so that they can give advice/opinions.

Now, I wanted to reply to your questions, but it is a little difficult to know your exact situation since you have not filled out a timeline and some other critical details. I understand that your adjustment of status (AOS) petition is based on being married to a US citizen (USC), but it is not clear whether you came in on a fiance visa or were already in the US (and, if so, in what status you were at time of marriage).

Many people (myself included) fill out I-485, I-130, I-131, I-765 together (concurrent filing), and attach multiple passport photos for this reason. The I-485 on its own requires only two photos (See p. 3, item 4 of the instructions ).

Regarding your other question, yes, the I-485 based on an already filed I-130 does not require additional evidence for the bona fide nature of the marriage. Presumably you already submitted all those with the original I-130. (The required and suggested items of evidence are listed on pp. 2-3 of that form's instructions, under the heading "What Documents Do You Need to Prove Family Relationship?".)

Edited October 16, 2015 by DeKi

[Pitaya 2,577]

OP: It seems that during your nine-day tenure here at the forum you may have a misunderstanding of the rationale for the various AOS forums.

On page 2 of Form I-485, Part 3. Processing Information, What will be your answer to the question, "In what status did you last enter?"

For a better understanding of this point, please read the pinned thread at the top of this forum page: http://www.visajourn...ment-of-status/ HTH.

Good luck on immigration journey.

[Robinhood21 2]

OP: It seems that during your nine-day tenure here at the forum you may have a misunderstanding of the rationale for the various AOS forums.

On page 2 of Form I-485, Part 3. Processing Information, What will be your answer to the question, "In what status did you last enter?"

For a better understanding of this point, please read the pinned thread at the top of this forum page: http://www.visajourn...ment-of-status/ HTH.

Good luck on immigration journey.

Visitor,20 years ago

[DeKi 10]

Visitor,20 years ago

Hmm, still unclear -- so you entered as a visitor (B-1, B-2 or combined?) and overstayed for 20 years?

[DeKi 10]

Hmm, still unclear -- so you entered as a visitor (B-1, B-2 or combined?) and overstayed for 20 years?

Sorry, I meant your wife (the AOS applicant) entered...

[Robinhood21 2]

Sorry, I meant your wife (the AOS applicant) entered...

- I said my wife submitted the I-130 because she is the petitioner.

- Yes,I came here as visitor 20 years ago.

What part is unclear???

[DeKi 10]

I already addressed your specific questions, so maybe there is no point in continuing this conversation, but as the person who has engaged with you here, I should say that your posts "sound" kind of angry -- this is not the best approach when asking for advice. Most of us join this community to provide information and support for each other, so please try to match the tone of the forums.

Again, what was not clear is what exact status (visa type and being in or out of status) you are adjusting FROM (looking at your original post, I now remember that you are the foreign spouse and your wife is the USC). There are some details in the process that differ based on that, which is why there are two different threads here for people adjusting from family-based visas (not the same as permanent residency, or green card, for which you are now applying) and those adjusting from other, typically non-immigrant, visas. This is also why the moderator moved your original post and why we were asking for clarification and why in general it is best to fill out a timeline with some of these details. If you do this, 1) responses to any questions you post are more likely to be directly applicable to your full situation and 2) each of our entered milestones in the process helps make the average timelines a tad more accurate and everybody on the site benefits from that.

I hope this is helpful.

Edited October 21, 2015 by DeKi

[Robinhood21 2]

I already addressed your specific questions, so maybe there is no point in continuing this conversation, but as the person who has engaged with you here, I should say that your posts "sound" kind of angry -- this is not the best approach when asking for advice. Most of us join this community to provide information and support for each other, so please try to match the tone of the forums.

Again, what was not clear is what exact status (visa type and being in or out of status) you are adjusting FROM (looking at your original post, I now remember that you are the foreign spouse and your wife is the USC). There are some details in the process that differ based on that, which is why there are two different threads here for people adjusting from family-based visas (not the same as permanent residency, or green card, for which you are now applying) and those adjusting from other, typically non-immigrant, visas. This is also why the moderator moved your original post and why we were asking for clarification and why in general it is best to fill out a timeline with some of these details. If you do this, 1) responses to any questions you post are more likely to be directly applicable to your full situation and 2) each of our entered milestones in the process helps make the average timelines a tad more accurate and everybody on the site benefits from that.

I hope this is helpful.

I'm sorry if it sounds angry but I'm not,that's why I dislike to have important conversations trough texts or emails,because can lead to missunderstanding.

Now I tried to be clear when I posted and I tried to answer your questions and don't be ofended but I think you was confused,in the original post I state that my wife submited I-130 and the form I-130 is for the petitioner (US Citizen) and you replied....

- Sorry,I ment your wife (the AOS applicant) entered.....

To the best of my knowledge,the AOS is for the beneficiary/immigrant.

I came here 20 years ago with a tourist Visa,I overstayed and by the time I submited the AOS I was OOS (out of status).

I don't know why the moderator moved my post,in the forum that I posted it state....

"Discussion on filing for Adjustment of Status (AOS) to become a permanent resident in America"

Thank you and again I'm sorry for the missunderstanding.

[Elf 146]

I came here 20 years ago with a tourist Visa,I overstayed and by the time I submited the AOS I was OOS (out of status).

I don't know why the moderator moved my post,in the forum that I posted it state....

"Discussion on filing for Adjustment of Status (AOS) to become a permanent resident in America"

Thank you and again I'm sorry for the missunderstanding.

The site has two forums for people going through AOS to become permanent residents. This is because, as DeKi explained, the procedure is slightly different depending on the visa with which you originally entered the US.

Adjustment of Status (Green Card) from Family-Based Visas is for people who entered the US on a K-1, K-2, K-3 or K-4 visa, i.e. as the fiancee or spouse of a US citizen, or the minor child of a fiancee or spouse.

Adjustment of Status From Work, Student or Tourist Visas is for people who entered the US on just about any other nonimmigrant visa,e.g F-1 student, J-1 exchange visitor, H1-B employee, B2 tourist.

You entered the US on a tourist visa, so even though you are adjusting on the basis of marriage to a US Citizen, you'll be following the process for people adjusting from a work, student or tourist visa. You posted in AOS from Family-Based Visas, so the moderator correctly moved your post to AOS from Work, Student and Tourist visas. If your post is in the correct forum, those who see it are more likely to have directly relevant experience and knowledge that they can share with you, so you will get more accurate and helpful responses.