i-485, Part 2

[mareclar 0]

Hi everyone,

I've seen similar posts on this, but I want to double check that I'm checking the right box.

My husband and I used to live abroad, but we were married in the US while we were living abroad. This year, I got a job in the US rather quickly, and I had to move within a month. My husband came with me because we thought we had to file for his green card within the US (since we were married here). We've since discovered that was all wrong, but anyway - this whole process is more confusing than anything I've encountered. Luckily, we visited a lawyer once, so I now understand the process a bit better.

So, we have already filed the i-130, and now we are in the process of filing the i-485. We have the receipt from the i-130 with the receipt number. But I can't figure out which box to tick on the i-485, Part 2. I'm thinking it is either 'a' or 'h' (other), but I'm really not sure.

Any help that you can provide would be greatly appreciated!

[YuAndDan 153]

Don't file the I-485, simply let the I-130 process through to an immigrant visa and interview for a spousal visa at the US consulate in home country.

Being married before entering the USA on a visitor's visa and then adjusting status is clearly showing immigrant intent when using the visitors visa. THIS IS VISA FRAUD. The AOS interview can easily make this determination and DENY the AOS and deport for this.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Also about K-3.

The K-3 is no longer a relevant visa type, it was developed at a time when I-130 for spousal visa was taking a year or longer to process through USCIS, in this case the K-3 allowed entry to the USA to wait for I-130 approval, so that the couple can either adjust status or interview for the spousal visa, since USCIS has begun approving I-129F AND I-130 on the same date, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval).

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

The tick box on I-485 would be "A", but again you are showing that you clearly misused the visitors visa to immigrate. I would not file for AOS.

Edited June 12, 2009 by YuAndDan

[Gary and Alla 3,694]

Don't file the I-485, simply let the I-130 process through to an immigrant visa and interview for a spousal visa at the US consulate in home country.

Being married before entering the USA on a visitor's visa and then adjusting status is clearly showing immigrant intent when using the visitors visa. THIS IS VISA FRAUD. The AOS interview can easily make this determination and DENY the AOS and deport for this.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Also about K-3.

The K-3 is no longer a relevant visa type, it was developed at a time when I-130 for spousal visa was taking a year or longer to process through USCIS, in this case the K-3 allowed entry to the USA to wait for I-130 approval, so that the couple can either adjust status or interview for the spousal visa, since USCIS has begun approving I-129F AND I-130 on the same date, this eliminates the whole reason for K-3 (Entry and waiting for I-130 approval).

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC and USCIS has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

The tick box on I-485 would be "A", but again you are showing that you clearly misused the visitors visa to immigrate. I would not file for AOS.

Good thing you talked to a lawyer, eh?