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questions about filling the form I-485

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1)what should we check on the part 2 on the form I-485 (type of application ) when the petition I-130 not approved yet and our status is k-3

2)we have enough assest and more than 5 times poverty guide line do we still need tax return

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Filed: IR-1/CR-1 Visa Country: Peru
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1)what should we check on the part 2 on the form I-485 (type of application ) when the petition I-130 not approved yet and our status is k-3

2)we have enough assest and more than 5 times poverty guide line do we still need tax return

I had a similar issue and the immigration officer in the Charleston, SC office told me that it would still be the I-130 petition because that is the one permanent residence eligibility will be based off of. So instead of submitting a NOA2 copy which you obviously won't have because the petition is still pending, just submit a NOA1 copy and that would suffice. Oh, and you will definitely still need to submit a tax return as evidence that your assets do exceed the poverty guideline, however, only the most recent year (2007) is required, but you can submit the previous 3 years if you think it will help.


I-130/CR1 visa

04/23/2007--NOA1 Date from CSC

10/15/2007--NOA2 Date, FINALLY!!

I-129F/K-3 visa

05/23/2007--NOA1 date, currently at NBC (MSC)

10/15/2007--APPROVED!!! (NOA2 Date)

11/09/2007--I-129F petition forwarded to U.S. Embassy in Lima, Peru

12/12/2007--interview in Lima, Peru...VISA APPROVED!!!

12/26/2007--POE was Miami, FL and final destination was Charlotte, NC

I-485/AOS and I-765/EAD

3/18/2008--NOA1 Date from MSC

4/08/2008--biometrics appointment

5/07/2008--I-765/EAD approved

5/14/2008--EAD received in the mail (albeit wrong birth year)

9/30/2008--AOS Interview...AOS APPROVED and I-551 stamped in Passport!!!

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1)yes we have noa1 for i-130 and noa2 for k-3 ,do we still check the box that says (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.)

2)we do not have any tax return for last 3 years but we have evidence for the assest (like bank statment).

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1)yes we have noa1 for i-130 and noa2 for k-3 ,do we still check the box that says (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.)

2)we do not have any tax return for last 3 years but we have evidence for the assest (like bank statment).

You either need tax returns or attach a letter stating a GOOD reason for not having filed.

Assets, unless cash in the bank, aren't as desirable as records of steady employment.

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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