I 485 Clarifications: AOS from marriage to US citizen

[dlee1243 0]

Hi all,

 

I have a couple of clarification questions regarding filling out I 485.

 

1) I cam to the US as a F1 student, did OPT and now on H1B visa. As a result, I currently 2 paper forms of I94, one from 2012 when I was a F1 student, and the most recent I94 received when I got my H1B visa. My question is, when they ask for expiration date on I485, what should I put? Do I put D/S, which is on the I94 that I used when I entered the US? Or 6/30/2019, which is on my newest I94? Or can I put D/S then 6/30/2019? 

 

2) Should I send in copies of both the old and newest I94? The old one has the entry stamp on it so I am thinking I will need that.

 

3) When I read I485 instructions, it asks for evidence of continuous lawful stay in the US: I94, I20, I797, etc. Would I need to attach theses documents? I am finding some conflicting information that the spouse of a US citizen does not need to, but based on what I read, all family-based applicants need to include them.

 

I apologize for many questions, but you all are so helpful! Thanks so much in advance!

[azblk 338]

1. Use the expiry date on newest i-94.

2. I-94 is used to show you were inspected/paroled into the US and as such can adjust status. Send both and let them sort it out.

3. You dont need to show continuous legal status as the spouse of a US citizen.

[dlee1243 0]

Thank you so much for the help. For Question 3, could you point me to the language that says spouse of U.S. citizen does not need to submit those documents?

 

This is what I am reading, which made me think I need to include those documents:

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference
category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees
under the Diversity Visa Lottery program.
Acceptable evidence may include, but is not limited to, copies of the following documents:
A. Form I-797 approval notices for all extensions and changes of nonimmigrant status;
B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions;
C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language
Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational
Students, including all pages containing notations by authorized school officials;
D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages
containing notations by authorized exchange visitor program officials; or
E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer).

[azblk 338]

2 hours ago, dlee1243 said:

Thank you so much for the help. For Question 3, could you point me to the language that says spouse of U.S. citizen does not need to submit those documents?

 

This is what I am reading, which made me think I need to include those documents:

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2): applicants applying under a family-based preference category or an employment-based preference
category; special immigrant religious workers, Afghan or Iraqi nationals, and international broadcasters; and selectees
under the Diversity Visa Lottery program.
Acceptable evidence may include, but is not limited to, copies of the following documents:
A. Form I-797 approval notices for all extensions and changes of nonimmigrant status;
B. Form I-94 Arrival-Departure Record, including printouts of paperless I-94 admissions;
C. Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language
Students, or Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status - For Vocational
Students, including all pages containing notations by authorized school officials;
D. Form DS-2019 (formerly IAP 66), Certificate of Eligibility for Exchange Visitor (J-1) Status, including all pages
containing notations by authorized exchange visitor program officials; or
E. Passport page with an admission or parole stamp (issued by a U.S. immigration officer).

The spouse of a USC adjusts status under 245(a)

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB.html