Help with Filling Out the I-485 (AOS) based on K1 Visa

[Del A. 44]

Hello everyone! I am currently filling out my I-485 and I just needed clarification on a few items, if anyone can help:

 

Note: I posted the same topic recently but put the wrong title in and forgot to add tags, plus I needed to edit the content. Apologies for the redundancy. If the site admins could delete my previous post, kindly do so. Here is the link of said post: 

 

Here are my I-485 queries:
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Page 3

Part 1., 25.a.-25.c. - Provide your name exactly as it appears on your Form I-94 (if any)
> I obtained my I-94 from the website and it only shows my first and last name. Does this mean I leave the Middle Name item blank, write N/A, or still write my middle name even if it doesn't show on the I-94?

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Page 4

Part 2., 3.-4.
> Is the Receipt Number the one formatted as such: WAC1990123456?
> My NOA2 shows the Priority Date as blank. Should I put N/A?

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Page 8

Part 6., 1. - "The term 'children' includes all biological or legally adopted children, as well as current stepchildren..."
> My husband has a daughter from his previous marriage, but I have not legally adopted her and she's not his dependent. Is she included in the "stepchildren" clause? (I'm uncertain about the legality of the terms is all)

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Page 13

Part 8., 63.b. - If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause?
> I answered "No" on 63.a. so this item should be N/A to me, but there are only Yes and No boxes. Should I check "No" anyway, write N/A, or leave it blank?

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Any help is appreciated. 😊

[payxibka 10,044]

1 hour ago, Del A. said:

Hello everyone! I am currently filling out my I-485 and I just needed clarification on a few items, if anyone can help:

 

Note: I posted the same topic recently but put the wrong title in and forgot to add tags, plus I needed to edit the content. Apologies for the redundancy. If the site admins could delete my previous post, kindly do so. Here is the link of said post: 

 

Here are my I-485 queries:
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Page 3

Part 1., 25.a.-25.c. - Provide your name exactly as it appears on your Form I-94 (if any)
> I obtained my I-94 from the website and it only shows my first and last name. Does this mean I leave the Middle Name item blank, write N/A, or still write my middle name even if it doesn't show on the I-94?

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Page 4

Part 2., 3.-4.
> Is the Receipt Number the one formatted as such: WAC1990123456?
> My NOA2 shows the Priority Date as blank. Should I put N/A?

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Page 8

Part 6., 1. - "The term 'children' includes all biological or legally adopted children, as well as current stepchildren..."
> My husband has a daughter from his previous marriage, but I have not legally adopted her and she's not his dependent. Is she included in the "stepchildren" clause? (I'm uncertain about the legality of the terms is all)

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Page 13

Part 8., 63.b. - If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause?
> I answered "No" on 63.a. so this item should be N/A to me, but there are only Yes and No boxes. Should I check "No" anyway, write N/A, or leave it blank?

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Any help is appreciated. 😊

Page 3.  The instruction to print your name EXACTLY ad is on the i94 is fairly clear 

 

Page 4.  WAC #, PD is date of filing (but does not matter in this situation)

 

Page 8.  Daughter is current stepchild 

 

Page 13.  Leave it blank

[Del A. 44]

2 minutes ago, payxibka said:

Page 3.  The instruction to print your name EXACTLY ad is on the i94 is fairly clear 

I will then leave the "Middle Name" section blank. That makes me so uncomfortable. 😆 Thanks for your help!

[Zoltan K 86]

Page 2
Part 1., 13.a. - U.S. Mailing Address - In Care Of Name (if any)
Not needed. Leave it blank, the mail will come to your name.

Part 1., 19. - Nonimmigrant Visa Number from this Passport (if any)
No, it's the control number from the visa.

Part 1., 22.a. - Was inspected at a port of entry and admitted as...
Fiancee of US Citizen is what I wrote too. 

Page 3
Part 1., 25.a.-25.c. - Provide your name exactly as it appears on your Form I-94 (if any)
yes, use exactly what's on the I-94.

Part 2., 2. - Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?
the answer there is "No" - that is for different visa types. I remember it took me a while to research this one.
 

Page 4
Part 2., 3.-4.
yes

> My NOA2 shows the Priority Date as blank. Should I put N/A?

I left it blank. You can also put N/A if you wish.
 

Page 8
Part 6., 1. - "The term 'children' includes all biological or legally adopted children, as well as current stepchildren..."
> My husband has a daughter from his previous marriage, but I have not legally adopted her and she's not his dependent. Is she included in the "stepchildren" clause?

 

if your husband is the US citizen, then the answer is his children are not included here.

this section addresses the children of the K1 visa holder only. If you are not the biological mother and you have not adopted a child, do not include your husband's daughter here.

 

Page 13
Part 8., 63.b. - If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause?
> I answered "No" on 63.a. so this item should be N/A to me, but there are only Yes and No boxes. Should I check "No" anyway, write N/A, or leave it blank?

 

I put No to both 63 a and b. 

Since there is no N/A option and you cannot leave it blank, which would be ground to refuse your application, just put there NO too.

[Strontium 70]

43 minutes ago, Zoltan K said:

 

Page 13
Part 8., 63.b. - If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause?
> I answered "No" on 63.a. so this item should be N/A to me, but there are only Yes and No boxes. Should I check "No" anyway, write N/A, or leave it blank?

 

I put No to both 63 a and b. 

Since there is no N/A option and you cannot leave it blank, which would be ground to refuse your application, just put there NO too.

 

Disagree.  Answering 63.b. is conditional upon answering yes to 63.a....  In fact, it says it right there   "IF".

 

 

 

[Del A. 44]

18 hours ago, payxibka said:

Page 8.  Daughter is current stepchild 

Someone called this to my attention and they may have a point. They said I do NOT need to include the petitioner's (my husband's) daughter because the form asks in the context of whether or not the principal applicant needs their children sponsored together with them. Looking at the form, it does seem to have that line of questioning:

 

(That photo came out larger than I anticipated, sorry)

Considering the A-Number line, question number 6...

What do you think?

 

Anyone else have any thoughts on this?

[Strontium 70]

20 minutes ago, Del A. said:

Someone called this to my attention and they may have a point. They said I do NOT need to include the petitioner's (my husband's) daughter because the form asks in the context of whether or not the principal applicant needs their children sponsored together with them. Looking at the form, it does seem to have that line of questioning:
I
 

(That photo came out larger than I anticipated, sorry)

Considering the A-Number line, question number 6...

What do you think?

 

Anyone else have any thoughts on this?

At the interview, the IO had to add my daughter from a previous marriage as my wife's stepdaughter. I (USC) hadn't even considered this as she is an adult now.  Basically, I failed to read the "Note" closely.   So, yes, add his daughter, then check "no". 

 

Although, the IO had to check with someone through chat about this. So, it could also be that our IO was just inexperienced

Edited November 27, 2019 by Strontium

[Del A. 44]

8 minutes ago, Strontium said:

So, yes, add his daughter, then check "no". 

Thank you for this. 😊

[Zoltan K 86]

1 hour ago, Strontium said:

 

Disagree.  Answering 63.b. is conditional upon answering yes to 63.a....  In fact, it says it right there   "IF".

 

 

 

indeed...hence I don't argue over this point.

 

Leave it blank and if you get a "by  the book" officer, he/she will reject the application that a section has not been completed.

search the forum how many times this happened, especially over the security questions...it doesn't matter if in theory it did not need to be filled out.

 

what matters is the end result and pain of resubmission.

I put no, got a first time pass,. To each their own

[Zoltan K 86]

48 minutes ago, Strontium said:

At the interview, the IO had to add my daughter from a previous marriage as my wife's stepdaughter. I (USC) hadn't even considered this as she is an adult now.  Basically, I failed to read the "Note" closely.   So, yes, add his daughter, then check "no". 

 

Although, the IO had to check with someone through chat about this. So, it could also be that our IO was just inexperienced

thanks for sharing.

again, it looks like the correct answer is no, don't add, and then kicks in the ambiguity of how officers might think about it.

 

upside: including a USC child has no benefit as it's not intended to be a derived visa applicant. It's harmless to include.

downside: does this mean that now the total household will need to be increased by one and have that much more income as proof for the application?

 

Clearly if one application says I have a daughter, one cannot submit an affidavit of support with only 2 as total household, which the op is planning to do otherwise.

 

be careful.

[Strontium 70]

17 minutes ago, Zoltan K said:

indeed...hence I don't argue over this point.

 

Leave it blank and if you get a "by  the book" officer, he/she will reject the application that a section has not been completed.

search the forum how many times this happened, especially over the security questions...it doesn't matter if in theory it did not need to be filled out.

 

There is no "theory".  It is black and white, literally, in text.  If people are having their applications rejected for correctly reading the questions, then THAT is the error.

 

 

[Zoltan K 86]

6 minutes ago, Strontium said:

There is no "theory".  It is black and white, literally, in text.  If people are having their applications rejected for correctly reading the questions, then THAT is the error.

 

 

very true!

a painful error !

[Strontium 70]

26 minutes ago, Zoltan K said:

Clearly if one application says I have a daughter, one cannot submit an affidavit of support with only 2 as total household, which the op is planning to do otherwise.

 

be careful.

I guess that depends on whether the daughter is actually a dependant, doesn't it?

 

 

[Zoltan K 86]

13 hours ago, Strontium said:

I guess that depends on whether the daughter is actually a dependant, doesn't it?

 

 

you won!