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Halogen92

F-1 Visa trying to file for an Adjustment of Status

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Filed: Timeline

I came to the US on an F-1 Student visa two years ago, this year I got married to my long time girlfriend (US citizen). After figuring out which forms we need to file (vaugley) we looked at the Adjustment of Status ( I-485) form and from what I've read I may not be qualified to file this?

We are stumped and frustrated with this, is there anyone to clear this up for us or maybe point us in the direction to better instructions?
I'm from Australia if that helps or changes anything.
Any help is greatly appreciated! Thank you for your time!

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N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You have to file form I-130 together with form I-485, plus whatever docs are required with those. As the spouse of a USC, you are eligible to adjust your status, but you need to file the right paperwork. The I-130 establishes that you have an eligible relationship for immigration purposes. The I-485 lets you adjust your status from a student to an LPR. The guides on here are very helpful in order to know what documents you need. If you have any questions about the process just ask.


This does not constitute legal advice.

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Filed: Timeline

You have to file form I-130 together with form I-485, plus whatever docs are required with those. As the spouse of a USC, you are eligible to adjust your status, but you need to file the right paperwork. The I-130 establishes that you have an eligible relationship for immigration purposes. The I-485 lets you adjust your status from a student to an LPR. The guides on here are very helpful in order to know what documents you need. If you have any questions about the process just ask.

Our problem right now is on the I-485 Question number two "Application Type" I don't seem to be in the category of any of the options. Where do we go from there?

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Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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The I-130 is the immigrant petition, once this is approved, a visa number is immediately available to you as the spouse of a USC. Therefore, as suggested by Hypnos, you choose box A on the I-485. When you submit the I-130 together with the I-485 they are approved at the same time, letting you fall under the requirements in box A. That's about as best as I can explain it, but I assure you that's how it works.


This does not constitute legal advice.

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I think that this part of form I-485 confuses a lot of people applying for adjustment of status. Everyone that has posted thus far is correct. Choose box A.

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It really does. I remember when I first read the I-485 form and instructions, it does sound a little confusing because it's just one somewhat wordy sentence. I had to break it apart lol.


This does not constitute legal advice.

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Filed: Timeline

The I-130 is the immigrant petition, once this is approved, a visa number is immediately available to you as the spouse of a USC. Therefore, as suggested by Hypnos, you choose box A on the I-485. When you submit the I-130 together with the I-485 they are approved at the same time, letting you fall under the requirements in box A. That's about as best as I can explain it, but I assure you that's how it works.

This makes so much sense now, thank you so much!

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