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VisaJourney.com > General Family Based Immigration Topics > Adjustment of Status (Green Card) General Discussion

Krisnet55
I am applying for a green card for my wife. I am an American Citizen and am confused with the first question in part 2 that asks:

"I am applying for an adjustment to permanent resident status because:"

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

OR

B: my spouse or parent applied for adjustment of status or was granted lawful permanent residence
in an immigrant visa category that allows derivative status for spouses and children.


Im not sure if its A or B
pushbrk
QUOTE(Krisnet55 @ May 27 2008, 07:19 AM) *
I am applying for a green card for my wife. I am an American Citizen and am confused with the first question in part 2 that asks:

"I am applying for an adjustment to permanent resident status because:"

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

OR

B: my spouse or parent applied for adjustment of status or was granted lawful permanent residence
in an immigrant visa category that allows derivative status for spouses and children.


Im not sure if its A or B


It's your wife that's applying. You're helping. The answer is A. You attach the NOA2 approval notice for her I-130. If you haven't filed the I-130 the answer is the same but you file the I-130 concurrently with the I-485.

This is an AOS question for the AOS forum, not K3. Have you studied the AOS guides?
fwaguy
First of all.. You are NOT applying for a greencard for your wife... Your wife is applying for it herself (you are only preparing HER application).

You need to keep that in mind when answering the questions. The answer to your question is "A" because she is not applying based on her spuse or parent previously applying for AOS or LPR status. She is applying based on a marriage to a US citizen which provides her an immediately available visa (ie... no 7 -15 year wait).
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