A quick I-485 form question

[blackmountain 0]

I got married here in US and and applying AOS here. What do I pick in Part-2, Application Type? A little help would be appreciated.... Thanks.

[Kez/JWolf 6]

You will need to tell us a bit more about what type of visa you came on before we can give you the correct answer.....

or

Fill in your timeline

Kez

[blackmountain 0]

You will need to tell us a bit more about what type of visa you came on before we can give you the correct answer.....

or

Fill in your timeline

Kez

I came with an F-1 visa. I graduated while ago but still have student visa until september 31, 2007. Would that help?

[Kez/JWolf 6]

Then yes A would be the one to tick.... you are filling an I-130 along with the AOS so an visa number is immideatly available to you...

Kez

[blackmountain 0]

Then yes A would be the one to tick.... you are filling an I-130 along with the AOS so an visa number is immideatly available to you...

Kez

Thank you so much. I appreciated.

[Nyte 1]

My attorney selected "Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper." Then marked, "Married to a USC"

[Kez/JWolf 6]

My attorney selected "Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper." Then marked, "Married to a USC"

Then your attorney was wrong.... lets hope you dont get it returned or denied...

Kez

[Nancy2015 2]

My attorney selected "Other basis of eligibility. Explain. If additional space is needed, use a separate piece of paper." Then marked, "Married to a USC"

Then your attorney was wrong.... lets hope you dont get it returned or denied...

Kez

A lot of people make the same mistake, but you would hope attorneys know better...

[Nyte 1]

In our case (My wife is adjusting from F-1), I believe he made the correct decision. Box "a" states: "an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or relative, special immigrant juvenile or specialimmigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

Since we have not had an approved immigrant petition, this doesn't appear to apply to us (as it would if say we had done the k-1 route prior to entry into the US.)

Anyway. Hope he made the right choice!

[CB82 0]

In our case (My wife is adjusting from F-1), I believe he made the correct decision. Box "a" states: "an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or relative, special immigrant juvenile or specialimmigrant military visa petition filed with this application that will give you an immediately available visa number, if approved)

Since we have not had an approved immigrant petition, this doesn't appear to apply to us (as it would if say we had done the k-1 route prior to entry into the US.)

Anyway. Hope he made the right choice!

Adjusting status from F-1, you would have to file I-130 concurrently with the I-485. Therefore Box A would have been right. I'm adjusting from B2 and thats what we did.

[Nancy2015 2]

(A) an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or 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)

When someone is adjusting from F-1, B-1, H-1B or other non-immigrant visas, this applies. The wording could have been better, because when you send an I-130 concurrently with an I-485, your relative petition technically isn't yet approved. However, if you read more into this - Attach a copy of... [a] relative... visa petition filed with this application that will give you an immediately available visa number, if approved - that's the key. When you file your I-485, you attach a relative visa petition (I-130) to it, and if this I-130 is approved, an immigrant visa number will be immediately available to the intending immigrant.