Which Visa to enter the country when using I-485?

[Aqid 1]

One thing I noticed is that most of the immigration lawyer websites use form I-485 rather than consular filing when filing for a green card. I'm an LPR myself and have plans to file I-130 for my (foreign) spouse, but am debating how I could get her in the US so we'd have to spend less time apart (even if not allowed to work). It says that the requirements for using I-485 are that you entered the US legally, but I think entering using an ESTA might look very sketchy and might get us denied. What would be the correct visa to enter the US that form I-485 is designed for? That is the part that confuses me.

[OldUser 6,642]

Hi @Aqid you cannot plan AOS when using non-immigrant visa or ESTA to enter the US, this is immigration fraud.

 

I-130 is the right path. Once your wife gets it approved, she'll get immigrant visa and will have GC after entering the US with all the rights you have.

 

You can visit her and she can visit you while I-130 is pending.

 

 

Edited March 20, 2023 by OldUser

[Aqid 1]

Hi! Thanks, that's what I thought too! But, for which Visa is I-485 designed then? Only for K3's?

[Lil bear 4,201]

1 minute ago, Aqid said:

Hi! Thanks, that's what I thought too! But, for which Visa is I-485 designed then? Only for K3's?

K1 fiance, others in the US on student, work visa, others whose situation changed after entering ( no prior intent) and who now need to adjust their status 

[Aqid 1]

Gotcha, thanks for answering that!

[OldUser 6,642]

6 minutes ago, Aqid said:

Hi! Thanks, that's what I thought too! But, for which Visa is I-485 designed then? Only for K3's?

Imagine somebody comes to study at a US college, 4 year program on student visa. After 3 years of being in the US they meet somebody and decide to get married.

 

They can then adjust status while studying at college.

 

Also I-485 is used when entering the US on K-1 fiance visa.

Edited March 20, 2023 by OldUser

[pushbrk 12,878]

You probably read lawyer pages about green cards instead of spouse visas.  An immigrant spouse visa, is an immigrant visa process that results in a green card.  The I-485 is for an adjustment of status from within the USA, that also results in a green card.

[Daphne . 1,853]

You already received all the correct answers and, as a Dutchie myself, your spouse would be miserable doing the AOS because she wouldn't be able to work of leave the US (think about emergency back home, etc.) until she has her work and travel authorization. I can only imagine that your spouse has an independent life in the NL, and being stuck in the US without  being able to do much of anything would not be ideal.. 

[Chancy 6,241]

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