AOS from h1b via marriage - I-485 questions: documentation of immigrant category; prior J-1 forms

[Gaspar1234 1]

My wife was in the US as a tourist as a child, again from 2016-2017 on a J-1 visa, went to her home country until 2020 when she came back on a F1 to do a master's, and after graduating got an h1b. We're adjusting status via marriage to me, a US citizen.

 

I'm struggling with a few questions on the I-485. Can anyone help with the following?

 

• The instructions say that you must provide "documentation of your immigrant category." The filing category I selected is family-based and "Spouse of a U.S. Citizen." Is the documentation then the confirmation of the h1b, like a form I-797A? Or would it be the marriage certificate?
• The instructions require "Evidence of continuously maintaining a lawful status since arrival in the united states." Is this for the current h1b? Or every time since she was a child on a tourist visa?
• Documentation Regarding J-1 or J-2 Nonimmigrant Exchange Visitor Status: what kind of documentation do we need to show she went back to her home country? She worked at a university for two years before applying for her F1 to do a MA in the US.

 

Thanks!

[OldUser 7,400]

57 minutes ago, Gaspar1234 said:

 

• The instructions require "Evidence of continuously maintaining a lawful status since arrival in the united states." Is this for the current h1b? Or every time since she was a child on a tourist visa?
•  

This is for the current status and since last entry

[Gaspar1234 1]

Any second thoughts on this? After looking over the I-485 instructions, I'm not sure this only applies to the last entry:

 

 

The acceptable evidence includes I-94 record for "admissions" (plural). Also, the I-797 document could cover a time span that includes multiple trips out of the country--that is our case. 

 

Perhaps more importantly, is an AOS application based on marriage to a US citizen even required to submit these forms? Doesn't seem to fit into any of the first four bullet points above. 

 

Any help on this would be greatly apprecaited!

[OldUser 7,400]

31 minutes ago, Gaspar1234 said:

Any second thoughts on this? After looking over the I-485 instructions, I'm not sure this only applies to the last entry:

 

 

The acceptable evidence includes I-94 record for "admissions" (plural). Also, the I-797 document could cover a time span that includes multiple trips out of the country--that is our case. 

 

Perhaps more importantly, is an AOS application based on marriage to a US citizen even required to submit these forms? Doesn't seem to fit into any of the first four bullet points above. 

 

Any help on this would be greatly apprecaited!

Yes, AOS requires submitting proof of entry with inspection. That would be I-94 issued at last entry.