i-485 question

[kelnjohn 3]

Hello! I've just sent in our 130 forms but alas, I am so excited & hopeful that I am going through test runs of the forms on the next step (i-485 forms) and... well, let's say I am stumped somewhat on the first question... being the address. I will explain why: I, being from New Zealand and in New Zealand... filing these forms whie still in NZ... (we are planning on sorting the immigration process ahead of time, then moving to the US/he is the US citizen)... so for the address in the i-485, would I be putting my NZ address OR the address I will be living at in the US?

Again, I'm just going through these forms ahead of time, just to have the knowledge. Any help would be greatly appreciated. Thank you!

Edited August 4, 2012 by kelnjohn

[Penguin_ie 5,994]

OK two issues here:

- The k3 is obsolete, forget about it, you will be on the CR-1 path

- Even if you got a K3, you file the I-485 after you get to the USA, not while in NZ.

[canadian_wife 1,823]

The I485 is likely a form you will never need

Focus on the Ds230, and the required docs for that

Good luck

[kiwi lass 2]

I'm from nz myself, and just recently got approved for residency 2 days ago.... I was in the same situation, my husband being military & of course living in a complete different state to me. I was in his home town in MS, while he was in VA, where he is stationed...

Anyhow, when I filed for my I-485, and for the address, I put down my address before I came to the states, and also put the current addressto where I was living in MS, until April this year I moved to VA, to be with my husband and changed my address when I moved into our home here in VA...

If you have any concerns, message me, I'm always willing to help outa fellow KIWI it can be daunting, especially when you're so far from home and what we're used too

Good luck ....

[Penguin_ie 5,994]

Anyhow, when I filed for my I-485, and for the address, I put down my address before I came to the states,

Your profile states you did a CR-1 spousal visa. If that is the case, you did not file a I-485 as you automatically get a greencard upon entry.

[kiwi lass 2]

Yeah I haven't quite updated my info on the profile... I did file an I-485, which was not for the purpose of adjusting status, but to register for permanent residency!

I know what I have filed and what I didn't have to file, bit thanks!

According to the the VISA I came over on, I fall into the categorie of the CR1....I must have done everything right to be granted residency ??

[kiwi lass 2]

As for the green card upon entry" NO, I did not automatically get one! I married here in the states, and had to apply for permanent residency... My greencard won't get to me within the next 3 weeks, to a month!

[Penguin_ie 5,994]

You are confused kiwilass- if you entered the USA on a tourist visa or similar, then married, you Adjusted Status (AOS), with the I-485. You did not get a CR-1 or K3 spousal visa. Visas are used to enter countries and if you married in the USA and stayed, you did not get a spousal visa.

[kiwi lass 2]

I'm not confused! I know what I flew over on & it was not a tourist visa.

The I-485 is AOS & also to (register for permanent residency), my residency is based on family related visa. (spouse) which also indicates in the instructions of the I-485, I fall under CR1

I have no need to apply for AOS (adjustment of status), that happens when my green card is nearing its expiration date", that is when I will apply for adjustment of status/ to lift restrictions as told by the immigration officer whom conducted my interview, and was told that CR1 was the right category...

Bit anyhu, it's done with & I'm only going by my experience, & mine alone. And what I filled out & filed....

In other words, if I were wrong, or confused", then I'd still be going through proceedings....

[kiwi lass 2]

I know what visas are for, and you're right! I did not come over on a K1 visa, I had no purpose too.... Got engaged here in the states, and based on my marriage, I was in CR1....

[Penguin_ie 5,994]

I have no need to apply for AOS (adjustment of status), that happens when my green card is nearing its expiration date",

That is incorrect. When your two year greencard expires, you will file for Removal of Conditions, not AOS.

[Anh map 2,098]

I know what visas are for, and you're right! I did not come over on a K1 visa, I had no purpose too.... Got engaged here in the states, and based on my marriage, I was in CR1....

You are telling a rather confusing tale, which doesn't help other members in trying to navigate the US immigration waters. The CR1/K3 visa differences may seem subtle, but they can definitely confuse someone beginning their journey.

From what you are saying you arrived in the US unmarried, correct? And then after marriage here in the US you filed to Adjust Status / Register Permanent Residence using the form I-485 along with the I-130? If you had used a CR1 visa, you would have already been married prior to US entry. When entering with a CR1 visa the step with the I-485 would not have been necessary.

Regardless of visa type, if you've been married less than two years when your Green Card is issued, then your residency is indeed conditional and you would need to file the I-751 at the two year anniversary of your GC issue to remove those conditions.

The original poster (kelnjohn) of this thread is going to follow a different path than you did. The steps will not be the same. And it seems that at this point she is confusing the CR1 and the K3 visas. Penguin and C W (apologies if you don't like the shorthand) are helping to get them on the right path and not spend time with forms that won't be needed.

[Ryan H 3,812]

Ditto what Anh map said.

[Darnell 8,478]

Hello! I've just sent in our 130 forms but alas, I am so excited & hopeful that I am going through test runs of the forms on the next step (i-485 forms) and... well, let's say I am stumped somewhat on the first question... being the address. I will explain why: I, being from New Zealand and in New Zealand... filing these forms whie still in NZ... (we are planning on sorting the immigration process ahead of time, then moving to the US/he is the US citizen)... so for the address in the i-485, would I be putting my NZ address OR the address I will be living at in the US?

Again, I'm just going through these forms ahead of time, just to have the knowledge. Any help would be greatly appreciated. Thank you!

I know this is several months old,

but

If you filed yer I-130 set somewhere whilst you are NOT in the USA,

the I-485 is never needed, when pursuing an IR-1 or CR-1 visa.

Once that visa is printed inside of the passport, the Bearer transits into the USA, triggering a 'green card printing' then it automagically shows up.

Course, there's lots to do at NVC, so I suggest you restudy the forms requirements for NVC instead of getting lost with the I-485.

What's up ?

[Darnell 8,478]

fwiw, kelnjohn got in the auto-expedited queue at USCIS (since she filed from abroad)

and

is currently doing NVC Doc intake.

kelnjohn - thanks so much, for updating yer timeline over at http://www.visajourney.com/timeline/profile.php?id=138554 - helps folk here when we try to do triage .