I-485 , Part 2- Application Type

[BoogieWoogie 0]

Situation:

Pretty straight forward actually except we're having a hard time finding the right selection due to the wording of the I-485 part 2.

My Fiance is a F-1 Student living in the US and about to adjust status.

On form I-485 I cannot see to find the best fit from their application types however the only one that seems close is selection B? Any suggestions?

Thanks everyone!

[skidivawannabe 2]

Situation:

Pretty straight forward actually except we're having a hard time finding the right selection due to the wording of the I-485 part 2.

My Fiance is a F-1 Student living in the US and about to adjust status.

On form I-485 I cannot see to find the best fit from their application types however the only one that seems close is selection B? Any suggestions?

Thanks everyone!

wait, your FIANCE? or your spouse?

If fiance, is a student eligible to adjust status????

If spouse, I'm assuming you're filing an i-130 concurrently - you may check "others", then type: filed concurrently w/ 130 petition by U.S Citizen spouse. Some people checked the first box too..."...visa number available immediately". I think that's okay too...Either should be okay.

***I had originally checked the first box, until a lawyer we had consulted with said we should check "others" - filed concurrently w/ i-130 petition by u.s.c spouse.

Edited February 25, 2010 by skidivawannabe

[BoogieWoogie 0]

Currently my Fiance , we are getting married March 14th =) ...

So my Spouse will be filing the complete packet, but our question was on the I-485 part 2; Application type. We will be filing all the documents at the same time, no documents individiually.

wait, your FIANCE? or your spouse?

If fiance, is a student eligible to adjust status????

If spouse, I'm assuming you're filing an i-130 concurrently - you may check "others", then type: filed concurrently w/ 130 petition by U.S Citizen spouse. Some people checked the first box too..."...visa number available immediately". I think that's okay too...Either should be okay.

***I had originally checked the first box, until a lawyer we had consulted with said we should check "others" - filed concurrently w/ i-130 petition by u.s.c spouse.

[fabulous02 1]

If you select option a, do you send in a copy of the I-130 form you are filing concurrently, as proof?

[skidivawannabe 2]

Currently my Fiance , we are getting married March 14th =) ...

So my Spouse will be filing the complete packet, but our question was on the I-485 part 2; Application type. We will be filing all the documents at the same time, no documents individiually.

I checked the forms. Part II is application type...

your options would be:

(A) "An immigrant petition..." or (H) Other basis of eligibility.

To make things clear, you are a USC?

Assuming you ARE a USC and you file the I-485 after March 14, you will also have to file for an I-130 - Petition for Alien relative with the I-485 because I'm not sure if students can adjust status. And yes, you will be sending the all applications to the Chicago Lockbox (please verify in the instructions) in one envelop or package.

Here's the Outline/Table of contents for the I-130

Check for I-130 Petition

Section A – Petition

A. Form I-130

Section B – Documents proving U.S Citizenship

B.1 Copy of U.S Birth Certificate

B.2 Copy of unexpired U.S Passport

Section C – Documents proving Family Relationship

C.1 Copy of Marriage Certificate

C.2. Passport Style Colored Photographs

C.2.a Photograph of Petitioner

C.2.b Photograph of Beneficiary

C.3. Completed G-325A – Biographic Information Forms

C.3.a Completed G-325A Form – U.S Citizen Petitioner (4 copies)

C.3.b Completed G-325A Form – Alien Spouse Beneficiary (4 copies)

C.4 Documents that prove a bona fide marriage

C.4.a Joint-financial resources/co-mingling of finances

C.4.b Other Documents Establishing ongoing marital union

and the outline for I-485

Check for I-485 application

Section A –Adjustment of Status

A. Form I-485

Section B – Initial Evidence

B.1 Copy of Foreign Birth Certificate

B.2 Copy of Passport and Visa

B.3 Passport Style Colored Photographs (2)

B.4 Report of Medical Exam

B.5 Completed G-325A Form (4 copies)

B.6 Completed I-864 – Affidavit of Support

B.6.a Copies of Sponsor’s W-2 forms (3 years) - - add your current 1040

B.6.b Letter from Employer of Sponsor

Each application had its own cover letter stating it was filed concurrently with the other application ( I-130 w/I-485, I-485 w/I-130) and the whole package had a main cover letter.

I hope I was able to help you. I'm sure other people had prepared their packages/applications differently, but when the lawyer checked this, he said it thorough.

[BoogieWoogie 0]

I checked the forms. Part II is application type...

your options would be:

(A) "An immigrant petition..." or (H) Other basis of eligibility.

To make things clear, you are a USC?

Assuming you ARE a USC and you file the I-485 after March 14, you will also have to file for an I-130 - Petition for Alien relative with the I-485 because I'm not sure if students can adjust status. And yes, you will be sending the all applications to the Chicago Lockbox (please verify in the instructions) in one envelop or package.

Here's the Outline/Table of contents for the I-130

Check for I-130 Petition

Section A – Petition

A. Form I-130

Section B – Documents proving U.S Citizenship

B.1 Copy of U.S Birth Certificate

B.2 Copy of unexpired U.S Passport

Section C – Documents proving Family Relationship

C.1 Copy of Marriage Certificate

C.2. Passport Style Colored Photographs

C.2.a Photograph of Petitioner

C.2.b Photograph of Beneficiary

C.3. Completed G-325A – Biographic Information Forms

C.3.a Completed G-325A Form – U.S Citizen Petitioner (4 copies)

C.3.b Completed G-325A Form – Alien Spouse Beneficiary (4 copies)

C.4 Documents that prove a bona fide marriage

C.4.a Joint-financial resources/co-mingling of finances

C.4.b Other Documents Establishing ongoing marital union

and the outline for I-485

Check for I-485 application

Section A –Adjustment of Status

A. Form I-485

Section B – Initial Evidence

B.1 Copy of Foreign Birth Certificate

B.2 Copy of Passport and Visa

B.3 Passport Style Colored Photographs (2)

B.4 Report of Medical Exam

B.5 Completed G-325A Form (4 copies)

B.6 Completed I-864 – Affidavit of Support

B.6.a Copies of Sponsor’s W-2 forms (3 years) - - add your current 1040

B.6.b Letter from Employer of Sponsor

Each application had its own cover letter stating it was filed concurrently with the other application ( I-130 w/I-485, I-485 w/I-130) and the whole package had a main cover letter.

I hope I was able to help you. I'm sure other people had prepared their packages/applications differently, but when the lawyer checked this, he said it thorough.

Thanks so much! , Yes I am a US citizen, and my Fiance (Wife as of March 14th) is here in the US. We will be filing every form for the whole AOS process together, 130,485, etc etc.. She is a Curently a F-1 Student right now but like I mentioned earlier soon to be wife. the only thing we had diffuculty with was the I-485 question part 2. So I'm guessing option "A" is the best choice as mentioned in your comment earlier which is a immigrant or my spouse adjusting for status to be a resident?

Thanks again!

[skidivawannabe 2]

A friend and a couple of other AOS applicants here in VJ ticked (A), I ticked (H) as advised by the lawyer. I had originally ticked (A) but the lawyer said, "we're still not sure if your petition is approved".

I guess it's really up to you

So far, I have not encountered any problems regarding the application, except for that RFE for federal tax.

Best of luck to you and your fiance.