A couple of Questions on the I-485

[ScottishTom 2]

I have a couple of questions regarding some specific questions in the I-485, id be thankful for any advice!

 

Part 1 - Question 24: What is your current immigration status (if it has changed since your arrival)?

• For anyone that may have been following our story - I arrived on a VWP, but overstayed a few years ago. Does anyone know what I should enter in the box?

 

Part 2 - Question 3: If you are the principal applicant, provide the following information:

• Can anyone explain what this means? Do I have to include a copy of the I-797 (I dont believe I have one)
• I'm assuming I am the principal applicant - but will I have any receipts for an underlying petition?

 

Part 2 - Question 5: If you are a derivative applicant (the spouse of unmarried child under 21 years of age of a principal applicant), provide the following information for the principal applicant

• If the above is correct and I am the principle applicant do I still enter all of my details here under the principal applicant information sections?

 

Part 5 - Question 10: Is your current spouse applying with you?

• In the section labeled information about your current marriage, its asks me for all of my wives details, and then asks if she is applying with me. As we are filing I130 and 485 together, do I tick yes for this?

 

Part 8 - Questions 16: Have you EVER worked in the United States without authorization?

 

• I overstayed and continued to work on my own previously granted SSN - I just want to double check that I put yes in this box? (I assume so, just double checking)

 

Part 8 - Question 17: Have you ever violated the terms and conditions of your nonimmigrant status?

 

• I assume because of the above, I would also tick yes here correct?

 

Part 8 - Question 72a: Since April 1, 1997, have you been unlawfully present in the United States: For more than 180 days but less than a year, and then departed the United States

 

• I have been. unlawfully present, but I have not departed the US at any time since, do I tick no for all of these questions?

 

I appreciate everyones help!

[geowrian 22,335]

1. Likely WB/WT overstay technically, but VWP overstay should be sufficient for the form as well.
2. I'm assuming you are concurrently filing the I-130 + I-485. If so, you don't have nor need to provide the petition information since it is being filed at the same time.
   1. If you had an I-130 accepted already, you would put that petition's receipt number here.
3. No.
4. No. You are the only I-485 applicant, which is what it's asking about.
5. Yes.
6. Yes.
7. Correct - no.

[ScottishTom 2]

Thank you for all of your answers on this!