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How to answer Q25 on i765 w i485 AOS from K1

By Alytes in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Alytes Apprentice

Alytes   31

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Filed: K-1 Visa Country: Nepal
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Hi again helpful folks!  We are filing the i765 with the i485.  We are confused about how to answer Questions 25 on i765 "Your current Immigration Status or Category".  My husband entered the US with a K1 visa, we got married, now we are filing the AOS paperwork.  His answer to Question 24 "Immigration Status at Your Last Arrival" is easy - K1.  But what is his current status?  Can we put something in the entry field like "K1 Fiance now married filing AOS i485"?  We know his Eligibility Category and answer to Question 27 is (c)(9).  But how does he answer Question 25?

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted (edited)
39 minutes ago, Alytes said:

Hi again helpful folks!  We are filing the i765 with the i485.  We are confused about how to answer Questions 25 on i765 "Your current Immigration Status or Category".  My husband entered the US with a K1 visa, we got married, now we are filing the AOS paperwork.  His answer to Question 24 "Immigration Status at Your Last Arrival" is easy - K1.  But what is his current status?  Can we put something in the entry field like "K1 Fiance now married filing AOS i485"?  We know his Eligibility Category and answer to Question 27 is (c)(9).  But how does he answer Question 25?

If 90 days haven't passed yet from his entry date, his current status is K1, so just K1 will be fine.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Alytes Apprentice

Alytes   31

Posted
Filed: K-1 Visa Country: Nepal
 Timeline
  • Author
Posted (edited)
6 minutes ago, arken said:

If 90 days haven't passed yet from his entry date, his current status is K1, so just K1 will be fine.

Well you just brought up an excellent point I hadn't even considered, so thank you.  We are filing a week after his 90-days expired.  We got married well inside the 90-days, but life delayed our filing of paperwork.  So...do I say "out-of-status"?  Or something else?

Edited by Alytes
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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
6 minutes ago, Alytes said:

Well you just brought up an excellent point I hadn't even considered, so thank you.  We are filing a week after his 90-days expired.  We got married well inside the 90-days, but life delayed our filing of paperwork.  So...do I say "out-of-status"?  Or something else?

Yeah, sth like  "out of status, pending i485"

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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