I-485 Part 2 Question

[abbys 0]

Hi,

My spouse and I are currently working on our CR-1 and aren't sure what needs to be put. He is here on the Visa Waiver Program and we got married on Monday, working to send in all of the paperwork before October 17th.

In the second part, it says:

I am applying for an adjustment to permanent resident status because:

a.) An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or a 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 spouses and children.

At first we put option B because it says spouse, but after reading further, it seems that we need to put option A because we are also filing the I-130. Which one is it??

[afortunada 182]

Something is not quite right with your information.

Is your spouse returning to his home country to complete the CR-1 visa? You do not file for AOS in this case.

[abbys 0]

Sorry. With all of the forms and information, I sometimes get my names confused....

He is not returning to Spain, we are working to change his status here so he will not need to return.

[lost_at_sea 995]

Your post is a little confusing - can we clarify - is your spouse returning to their home country while you file your petition (to get a CR-1) or are they not leaving? CR-1 is a visa, used for entering the USA - not needed if they're already in the USA and you're just doing a straight adjustment of status.

If they are leaving, planning to return on a visa, you shouldn't be doing the adjustment of status paperwork.

[afortunada 182]

Okay, in that case you are not applying for a CR-1 visa. You are simply doing an adjustment of status

And, not to scare you, but just be prepared to show why you needed to proceed as you have done (marry on VWP, then adjust status) as it is considered immigration fraud to have been planned in advance to do that. You may need to show what circumstances made you need to keep him here and adjust status.

[Pitaya 2,577]

~Moved from IR1/CR1Process to WST-based AOS Forum~

~Adjusting from AWP~

[Harpa Timsah 13,258]

Answer is A. You won't need to show a reason for doing this.

[afortunada 182]

Okay, in that case you are not applying for a CR-1 visa. You are simply doing an adjustment of status

And, not to scare you, but just be prepared to show why you needed to proceed as you have done (marry on VWP, then adjust status) as it is considered immigration fraud to have been planned in advance to do that. You may need to show what circumstances made you need to keep him here and adjust status.

I had an edit to this response typed out, but it wouldn't submit! Anyway, a few notes...

You will need to file I-130 and I-485 at the same time, called concurrent filing. Select the option that says "an immigrant petition giving me an immediately available number..." etc etc because your i-130 will be processed before your i-485 and visas are immediate for the spouse of a US citizen.

Edited October 5, 2016 by jacklynriquelme

[EM_Vandaveer 2,417]

Okay, in that case you are not applying for a CR-1 visa. You are simply doing an adjustment of status

And, not to scare you, but just be prepared to show why you needed to proceed as you have done (marry on VWP, then adjust status) as it is considered immigration fraud to have been planned in advance to do that. You may need to show what circumstances made you need to keep him here and adjust status.

No need to prove "why they needed to proceed as they have done". Intent alone is NOT a reason to deny an AOS application of an Immediate Relative of a USC, even if they did have intent which we do not know.