Very Urgent I-485 help

[Megha13 48]

Hi I am a F1 status student. I got married to an US citizen. Since I am already in the USA we are doing concurrent filings. In filling I-485 PART 2 i AM Applying for permanent residence because which option will i choose
I am applying for an adjustment to permanent resident status because:

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approval notice and the marriage certificate.)
I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.
I am a native or citizen of Cuba admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.
I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.
I have continuously resided in the United States since before January 1, 1972.
Other basis of eligibility. 

[Megha13 48]

Please i need a help regarding filling part 2 of i-485 . which option will i choose for applying for permanent residence. I am f1 status married to us citizen. Please help

 

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approval notice and the marriage certificate.)

I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

I am a native or citizen of Cuba admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.

I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.

I have continuously resided in the United States since before January 1, 1972.

Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the United States for 1 year after admission). If additional space is needed, see Page 3 of the instructions.

[Brandja 58]

13 minutes ago, Megha13 said:

Please i need a help regarding filling part 2 of i-485 . which option will i choose for applying for permanent residence. I am f1 status married to us citizen. Please help

 

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approval notice and the marriage certificate.)

I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

I am a native or citizen of Cuba admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.

I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least 1 year.

I have continuously resided in the United States since before January 1, 1972.

Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the United States for 1 year after admission). If additional space is needed, see Page 3 of the instructions.

Hey there! F1 Student here as well and you would fit under the category of Part 2 (a) 

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

 

[Megha13 48]

10 minutes ago, Brandja said:

Hey there! F1 Student here as well and you would fit under the category of Part 2 (a) 

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

 

Okay ，that's why i am confused. My brother married an us citizen 3 years ago and chose 2b .he was a f-1 opt status. And he was approved. Do you know anyone choosing 2a got approved ！i am very confused:(

[Megha13 48]

Okay ，that's why i am confused. My brother married an us citizen 3 years ago and chose 2b .he was a f-1 opt status. And he was approved. Do you know anyone choosing 2a got approved ！i am very confused:(

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[Brandja 58]

2 minutes ago, Megha13 said:

Okay ，that's why i am confused. My brother married an us citizen 3 years ago and chose 2b .he was a f-1 opt status. And he was approved. Do you know anyone choosing 2a got approved ！i am very confused:(

Finding a lot of F1's on this forum is not always easy, but do you know if the form 3 years ago has the same questions in the same format? Because if you really break down (a) The criteria that fits you would be " a  relative visa petition filed with this application that will give you an immediately available visa number, if approved (I-130)"

(b) states that " My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children. " My spouse applied for AOS alone would disqualify you if your spouse (Petitioner) is a USC. The only logical reason your brother could have in fact used (b) is if his USC spouse was once not a USC and eventually became a resident and then became a citizen. As for me, my spouse was born here in the US so definitely would not be for my case. 

[Megha13 48]

So you also applied using option a? No my brother married an us born citizen. He forwarded me his filled up form. And it has exact same form! So i am confused 

[Brandja 58]

2 minutes ago, Megha13 said:

So you also applied using option a? No my brother married an us born citizen. He forwarded me his filled up form. And it has exact same form! So i am confused 

Wow! That's like 2 against 1. Your brother and the fact that he used (b) and I used (a) but still in process. I filed 12/19/2016 got official NOA in the mail for all 4 forms including the I-485. It was accepted and was sent to NBC for processing, so if anything was wrong with it, I would have to wait, but I did prepare mine with a lot of example forms and used various sites that explained each questions. But hey your bro is blood and he chose that, I can only suggest, still up to you to decide. Best of luck! 

If anything keep me posted I will gladly assist!

[Brandja 58]

3 minutes ago, Brandja said:

Wow! That's like 2 against 1. Your brother and the fact that he used (b) and I used (a) but still in process. I filed 12/19/2016 got official NOA in the mail for all 4 forms including the I-485. It was accepted and was sent to NBC for processing, so if anything was wrong with it, I would have to wait, but I did prepare mine with a lot of example forms and used various sites that explained each questions. But hey your bro is blood and he chose that, I can only suggest, still up to you to decide. Best of luck! 

If anything keep me posted I will gladly assist!

Hey I just remembered that i'm in a forum with a lot of F1 students, just post your question in there and you should get some more opinions if needed.

 

[Megha13 48]

Yes. So you were a F-1 and the forms you submitted got accepted right! So you are waiting for the interview?

[Brandja 58]

1 minute ago, Megha13 said:

Yes. So you were a F-1 and the forms you submitted got accepted right! So you are waiting for the interview?

Yeah I am a F-1 status, and I am not that far as yet. Here is my timeline to date

AOS Timeline

▪12/19/2016: AOS & EAD/AP mailed. (Day 00)

▪12/21/2016: Package signed for at Chicago Lockbox. (Day 02)

▪01/06/2017: Text/Email notification of acceptance confirmation from USCIS. (Day 16)

▪01/10/2017: Physical mail NOA received. (Day 20)

 

So i would basically be doing Biometrics next, then wait for EAD/AP to be approved then wait for Interview

[Megha13 48]

Okay. I am so confused i was planning to mail on Wednesday. Seriously i have no idea what will i do

[Brandja 58]

Just now, Megha13 said:

Okay. I am so confused i was planning to mail on Wednesday. Seriously i have no idea what will i do

Hey post in the forum link above, ask as often as possible. We all have been confused at some point, hence the reason I really wanna help you out!

[acyland 8]

This was one was confusing as well for me as my husband arrived as a student, then has been on OPT. You'll want to choose the first option: 

An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

 

Since I'm assuming your spouse is concurrently filing an I-130 (Petition for Alien Relative) So, basically, that application/petition is filed and approved first (even though you can send them together). Then, once that one is approved, your I-485 (Adjustment of Status) is looked at and approved. Since you did not originally enter the US to marry (on K-1 visa) you wouldn't choose that second option. (Which is what most people in this particular forum would choose.)

[Hypnos 6,576]

USCIS can correct minor errors by themselves. 

 

The correct answer is A.