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

[Halogen92 1]

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!

[NancyNguyen 1,657]

http://www.visajourney.com/content/i130guide2

[Ian H. 207]

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.

[Halogen92 1]

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?

[Hypnos 6,576]

A.

http://www.visajourney.com/forums/topic/504257-general-faq-filing-for-adjustment-of-status/

Edited October 19, 2014 by Hypnos

[Ian H. 207]

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.

[Ricdan 9]

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.

[Ian H. 207]

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.

[Halogen92 1]

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!