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MioSeychelles

Part.2 Application Type on I-485

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As bigdog pointed out, you should check your visa and see if it has the two year home residency requirement. If so, you'll need to get that requirement waived before you can adjust status.

And, as payxibka noted, the application type will be "a". The form is a little confusing, but the key point is that adjustment of status for the majority of applicants must be based on a petition. In your case, that would be an I-130 immigrant visa petition. As the spouse of a US citizen, a visa number will be available to you immediately when the petition is approved, which makes you eligible to adjust status. Although the form seems vague about this, the instructions are a little more clear - section 1 on page 1:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or,

B.
You are filing this application with a completed relative petition
, special immigrant juvenile petition, or special immigrant military petition
which, if approved, would make an immigrant visa number immediately available to you
.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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***** Moving from AOS from Family to AOS from Student visa forum as OP came on a J1 *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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