AOS: Canadian Application Type Query

[Autumnal 25]

I am asking this on behalf of two friends who do not have access to the forum, and as I cannot recall the answer myself, I am hoping some of the forum members could help.

Situation: Canadian friend comes down to visit his longtime American girlfriend over Thanksgiving (late November) with intention to stay for the long weekend only. A major, very unexpected personal situation suddenly arises before he intends to go back, and they end up getting wed in a civil ceremony in the American's home state of Michigan later that week. He has remained in the US since then while she recuperates.

He is applying for an AOS together with a petition: I-485/I-130.

In part two of the application, which category does he select?

B) My spouse or parent applied for AOS? She is a US citizen born in the US, not an immigrant.

H) Other basis of eligibility?

If H, what should the explanation be? Simply that they concurrently filed the I-130 and he entered the US with intentions to go back home to Canada, but the disclosed circumstances led them to unexpectedly marry and they were never intending to at the time?

Thanks.

[payxibka 10,044]

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.)

it makes more sense when you read it with without the added or, or language

Edited December 31, 2008 by payxibka

[Autumnal 25]

Ah, wonderful. That was my first guess but then the immediate thing rather threw me off. I really do appreciate the help here -- if I haven't said it before, I am beyond grateful for all the support and knowledge Visajourney has supplied.