AOS along with 130 (split)

[bk2014 34]

For a spouse married to USC and filing AOS along with I-130, should we need to send Supplement A to form I-485 along with I-130 and I-485?

In form I-485, How should we answer question "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)"? 

Edited November 13, 2022 by bk2014

[OldUser 5,006]

@bk2014 yes, you need to file I-130A together with I-130 and other forms.

Quote:

 

"If you submit a petition for your spouse, you must also submit Form I-130A, Supplemental Information for Spouse Beneficiary."

 

Source: https://www.uscis.gov/i-130

 

[OldUser 5,006]

@bk2014

 

INA 245(i) is the section in the Immigration and Nationality Act that allows you to still become a lawful permanent resident of the U.S. through an adjustment of status despite factors such as working without authorization or not maintaining lawful status. 

 

Did the immigrant work without authorization? Did they overstay visa or lost status? Did they enter without inspection? If you answer yes to any of these questions, then you need to say yes to this question on the form. Also they need to complete I-485A in this case. If yes, then better to go through process with a lawyer.

Edited November 13, 2022 by OldUser

[Ontarkie 13,939]

~~Hijack post and replies split off to their own thread.~~