I-485 questions

[NikkiR123 35]

hello again , apologies for all my questions , please can someone assist with my questions?, i am filing as a spouse of a US citizen,

 

 

1. Part 1  

 no. 24. What is your current immigration status  (if it has changed since your arrival) what do I answer?. I was in a B2 and then I married , I had overstayed my visa .

 

2.  Part 2

Application and Filing Category on form I-485  i selected Family -based  2.a. Immediate relative spouse of US citizen . Further down the form it says "are you applying for adjustment of status based on the Immigration and Nationality act" section 245(i) , I checked  'Yes" and the it says if you answered YES , you must have selected a family based immigrant visa category fill out the rest of this application AND supplement A to form  I-485 Adjustment of status under section 245(i) (supplement A ) WHAT IS SUPPLEMENT A???

3. Part 8 General Eligibility and Inadmissibility

no 17. Have you ever violated the terms or conditions of your nonimmigrant visa?  I got married on a B2 visa, my husband and I decided to get married 4 months after I arrived, something we had not planned . So do i answer YES or NO?

 

4. Part 8

No. 51a   Are you the spouse or child of an individual who EVER 

Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed , advocated, planned or prepared any kind of the following:

hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosives to harm another individual or cause substantial damage to property

My husband the US citizen  was involved in an incident in which a weapon was used  is this question pertaining to the US citizen spouse?  do I answer YES and explain the incident? 

 

thank you all

 

 

[arken 4,197]

1. List as is: B2 overstay or out of status.

2. Check No.

3.  Yes not because you married on B2 status but because you overstayed.

4. Your spouse is the USC so yes it's applicable to him. If he used weapon for any of those actions listed, you say Yes. If it was for defense, No should be good imo.

[NikkiR123 35]

17 hours ago, arken said:

1. List as is: B2 overstay or out of status.

2. Check No.

3.  Yes not because you married on B2 status but because you overstayed.

4. Your spouse is the USC so yes it's applicable to him. If he used weapon for any of those actions listed, you say Yes. If it was for defense, No should be good imo.

Thank you for you help . Regarding the overstay , is that going to effect me getting approved? 

[USC4SPOUSE 506]

27 minutes ago, NikkiR123 said:

Thank you for you help . Regarding the overstay , is that going to effect me getting approved? 

@NikkiR123 your overstay is "forgiven" because you married a US citizen. Once you get your NOA for the I-485, that serves as proof that you applied for AOS, and allows you to remain in the US until you're process is adjudicated. 

 

[NikkiR123 35]

46 minutes ago, USC4SPOUSE said:

@NikkiR123 your overstay is "forgiven" because you married a US citizen. Once you get your NOA for the I-485, that serves as proof that you applied for AOS, and allows you to remain in the US until you're process is adjudicated. 

 

Thank you so much , much appreciated.

[USC4SPOUSE 506]

@NikkiR123, I would probably seek legal advice on the last question you asked - regarding the incident with the gun. I would have an attorney word the incident for you. That's my 2 cents.

[Demise 1,337]

23 hours ago, NikkiR123 said:

hello again , apologies for all my questions , please can someone assist with my questions?, i am filing as a spouse of a US citizen,

 

 

1. Part 1  

 no. 24. What is your current immigration status  (if it has changed since your arrival) what do I answer?. I was in a B2 and then I married , I had overstayed my visa .

 

2.  Part 2

Application and Filing Category on form I-485  i selected Family -based  2.a. Immediate relative spouse of US citizen . Further down the form it says "are you applying for adjustment of status based on the Immigration and Nationality act" section 245(i) , I checked  'Yes" and the it says if you answered YES , you must have selected a family based immigrant visa category fill out the rest of this application AND supplement A to form  I-485 Adjustment of status under section 245(i) (supplement A ) WHAT IS SUPPLEMENT A???

 

3. Part 8 General Eligibility and Inadmissibility

no 17. Have you ever violated the terms or conditions of your nonimmigrant visa?  I got married on a B2 visa, my husband and I decided to get married 4 months after I arrived, something we had not planned . So do i answer YES or NO?

 

4. Part 8

No. 51a   Are you the spouse or child of an individual who EVER 

Committed, threatened to commit, attempted to commit, conspired to commit, incited, endorsed , advocated, planned or prepared any kind of the following:

hijacking, sabotage, kidnapping, political assassination, or use of a weapon or explosives to harm another individual or cause substantial damage to property

My husband the US citizen  was involved in an incident in which a weapon was used  is this question pertaining to the US citizen spouse?  do I answer YES and explain the incident? 

 

thank you all

1. B-2 overstay

2. Check no. 245(i) is an older section of law that allowed otherwise ineligible individuals (e.g. Entered without inspection or were out of status and trying to adjust via something other than an immediate relative petition or similar path where an overstay is forgiven, to adjust if they were petitioned for on or before April 30th, 2001).

3. You overstayed, so yes.

4. The answer here is no, this question comes from the "terrorist activity" ground of inadmissibility as defined in INA 212(a)(3)(B). Your husband is most likely not a terrorist, and even if he was, this thing's only applicable to non-citizens. Since it's not applicable to him even if he was interred at ADX Florence, you're not a "spouse or child of an individual who ...".

Edited May 26, 2021 by Demise

[NikkiR123 35]

22 hours ago, Demise said:

1. B-2 overstay

2. Check no. 245(i) is an older section of law that allowed otherwise ineligible individuals (e.g. Entered without inspection or were out of status and trying to adjust via something other than an immediate relative petition or similar path where an overstay is forgiven, to adjust if they were petitioned for on or before April 30th, 2001).

3. You overstayed, so yes.

4. The answer here is no, this question comes from the "terrorist activity" ground of inadmissibility as defined in INA 212(a)(3)(B). Your husband is most likely not a terrorist, and even if he was, this thing's only applicable to non-citizens. Since it's not applicable to him even if he was interred at ADX Florence, you're not a "spouse or child of an individual who ...".

Thank you so much , I appreciate it , I apologize my English is not great , but I'm still not understanding 

 

22 hours ago, Demise said:

1. B-2 overstay

2. Check no. 245(i) is an older section of law that allowed otherwise ineligible individuals (e.g. Entered without inspection or were out of status and trying to adjust via something other than an immediate relative petition or similar path where an overstay is forgiven, to adjust if they were petitioned for on or before April 30th, 2001).

3. You overstayed, so yes.

4. The answer here is no, this question comes from the "terrorist activity" ground of inadmissibility as defined in INA 212(a)(3)(B). Your husband is most likely not a terrorist, and even if he was, this thing's only applicable to non-citizens. Since it's not applicable to him even if he was interred at ADX Florence, you're not a "spouse or child of an individual who ...".

Thank you so much , I apologize as my English is not great but I'm still not understanding what this means fill out the rest of this application AND supplement A to form  I-485 Adjustment of status under section 245(i) (supplement A ) WHAT IS SUPPLEMENT A

So the last part is no applicable to him as he is a born us citizen  and definitely not a terrorist? 

 

 

thank you 

 

 

 

 

 

 

 

 

Edited May 27, 2021 by NikkiR123
Added question

[NikkiR123 35]

23 hours ago, USC4SPOUSE said:

@NikkiR123, I would probably seek legal advice on the last question you asked - regarding the incident with the gun. I would have an attorney word the incident for you. That's my 2 cents.

Thank you very much 

[Rocio0010 5,635]

5 hours ago, NikkiR123 said:

Thank you so much , I appreciate it , I apologize my English is not great , but I'm still not understanding 

 

Thank you so much , I apologize as my English is not great but I'm still not understanding what this means fill out the rest of this application AND supplement A to form  I-485 Adjustment of status under section 245(i) (supplement A ) WHAT IS SUPPLEMENT A

So the last part is no applicable to him as he is a born us citizen  and definitely not a terrorist? 

 

 

thank you 

 

 

 

 

 

 

 

 

You’re going to mark “no” on question 2 so no need for supplement A.

To qualify for Section 245(i) adjustment, individuals must have had an immigrant visa petition or labor certification application¹ filed on their behalf on or before April 30, 2001.

 

[NikkiR123 35]

30 minutes ago, ra0010 said:

You’re going to mark “no” on question 2 so no need for supplement A.

To qualify for Section 245(i) adjustment, individuals must have had an immigrant visa petition or labor certification application¹ filed on their behalf on or before April 30, 2001.

 

Gosh, thank you so much , I appreciate it