I-485 Application Type- NEED HELP

[Andreas_and_Tracey 0]

HI there!

I'm filling out the I-485 now and am confused about the second part: application type.

im NOT a K1/K3 so its not c).

"I entered as a K-1 fiancé(e) of a United States citizen whom I married within 90 days of entry,or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approvalnotice and the marriage certificate)."

my usc wife is filing I-130 while i AM IN THE USA. so i guess im B)

"my spouse or parent applied for adjustment of status or was granted lawful permanent residencein an immigrant visa category that allows derivative status for spouses and children"

because a) would suggest the I-130 is already approved but we will file that as one package.

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

please help me here urgent!

Andy & tracey

[scorpio232 0]

HI there!

I'm filling out the I-485 now and am confused about the second part: application type.

im NOT a K1/K3 so its not c).

"I entered as a K-1 fiancé(e) of a United States citizen whom I married within 90 days of entry,or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approvalnotice and the marriage certificate)."

my usc wife is filing I-130 while i AM IN THE USA. so i guess im B)

"my spouse or parent applied for adjustment of status or was granted lawful permanent residencein an immigrant visa category that allows derivative status for spouses and children"

because a) would suggest the I-130 is already approved but we will file that as one package.

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

please help me here urgent!

Andy & tracey

If your I-130 has already been approved.... Then you do not need to file the AOS your green card is coming in the mail. You do not have to adjust status.. You are an Immigrant with a permenant resident card now... Unless you have to go to the Interview out of the U.S.. Once you do that when you come back your greencard will be in your hands... I am trying to see what you are trying to say....

If your wife is filing the I-130 while you are in the U.S.. Then you need to mark... © (9)

Edited March 23, 2006 by scorpio232

[Andreas_and_Tracey 0]

If your I-130 has already been approved.... Then you do not need to file the AOS your green card is coming in the mail. You do not have to adjust status.. You are an Immigrant with a permenant resident card now... Unless you have to go to the Interview out of the U.S.. Once you do that when you come back your greencard will be in your hands... I am trying to see what you are trying to say

nope we beginn(!) filling both right now. nothing approved yet. the guide for the I-130 says file noth together. so i dot know which application type i should mark in the I-485

[scorpio232 0]

If your I-130 has already been approved.... Then you do not need to file the AOS your green card is coming in the mail. You do not have to adjust status.. You are an Immigrant with a permenant resident card now... Unless you have to go to the Interview out of the U.S.. Once you do that when you come back your greencard will be in your hands... I am trying to see what you are trying to say

nope we beginn(!) filling both right now. nothing approved yet. the guide for the I-130 says file noth together. so i dot know which application type i should mark in the I-485

Now I understand you are filing the I-485 now with the I-130? You arrived on the K1 Visa and got married correct? If so, then you mark C box

And along with that you need to file the I-131 advance parole if you wish to leave the country while it is pending... this way you are not considered abandoning your petition... File the I-765 For the EAD Card.. Your temporary permit is only for 90 days so if you wish to work you need to file this too.

You need first explain how you got into the U.S and got married.. If you are not a K1 or K3 then you need to mark ( H ) and type the reason you qualify for the change. Say you came on a tourist visa and you was going to return but your fiance wanted to marry and you did and she does not want you to leave so you are filing for change of status because you have a pending I-130...

Edited March 23, 2006 by scorpio232

[chocolaterie 0]

you are adjusting from a visitor's visa. I do believe you would check a. "an immigrant petition giving me... if approved." You are filing all the forms concurrently. So if the I-130 is approved in this package, it will give you an available visa number for your 1-485.

[scorpio232 0]

Mark H and type pending I-130 spouse of U.S Citizen .arrived on B-1 status

You arrived in the U.S on a Non Immigrant Visa.. or the Visa Waiver Program for citizens that does not need a tourist visa to enter the U.S.. You got married in Las Vegas and you do not wish to leave. Your wife is filing the I-130 with your I-485....

You must mark ( H ) and type you have a pending I-130 Spouse of U.S Citizen that is filed jointly with the I-485. And it ask your status of entry you put your tourist visa number or I-94 number from your POE card in your passport. and send a photo copy of it with the petition.

[Inlove_tx 0]

Andreas_and_Tracey:

If you're filing the Relative Petition concurrently with your I-485, check "H" and write:

"I'm filing this application with a complete Relative Petition (I-130) which, if approved, would make an Immigrant Visa Number immediately available to me".

Good luck!

[eau_xplain 2]

I filed AOS from B1/B2 and we submitted I-130 with our I-485. For eligibility, we checked (a) which clearly states:

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.)

If you look at the instructions that come with the form, the very first basis under WHO MAY FILE states:

> An immigrant visa number is immediately available to you based on an approved immigrant petition; or

> You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved wouldmake an immigrant visa number immediately available to you.

Edited March 23, 2006 by eau_xplain

[chocolaterie 0]

btw i forgot to mention good luck!

[anutka 0]

I filed AOS from B1/B2 and we submitted I-130 with our I-485. For eligibility, we checked (a) which clearly states:

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.)

If you look at the instructions that come with the form, the very first basis under WHO MAY FILE states:

> An immigrant visa number is immediately available to you based on an approved immigrant petition; or

> You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved wouldmake an immigrant visa number immediately available to you.

I agree with this - 'a' should be checked eau_xplain explained it. But to make sure call the immigration, explain your situation and they will tell you. We were told to check 'a' (AOS from B1/B2)