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  #1  
Old 27th July 2006, 01:04 PM
nancy1978 nancy1978 is offline
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Part 2....I-485...currently under F1/OPT
Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.
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  #2  
Old 27th July 2006, 02:06 PM
pianoplayer pianoplayer is offline
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Quote:
Originally Posted by nancy1978
Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.
The most recent one - OPT. If you write this in, you could write "F1 on OPT" if you want to be thorough.
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  #3  
Old 27th July 2006, 02:48 PM
nancy1978 nancy1978 is offline
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Basis of Elegibility I-485???...OPT applying for AOS
oh, I think I didn't explain my self very well I am confused in the option I should choose about my elegibility... a) visa availabe..or h) other basis of elegibility... and if h) what should I write? Thanks.
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  #4  
Old 27th July 2006, 02:58 PM
pianoplayer pianoplayer is offline
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Quote:
Originally Posted by nancy1978
oh, I think I didn't explain my self very well I am confused in the option I should choose about my elegibility... a) visa availabe..or h) other basis of elegibility... and if h) what should I write? Thanks.
Yeah the wording is not clear, but if you are married to a USC, you check the first one, i.e. "a visa has been approved or I will be submitting a petition that, if approved, will make a visa immediately available" etc. etc.

The reason is that the I130 your husband submits with the I485, makes you qualify under the first check box(read the part in brackets).
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Disclaimer: I may be a law student, but am not qualified to give professional legal advice. My general advice/opinion should not be construed as such.
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  #5  
Old 3rd August 2006, 05:55 PM
rimvydazas rimvydazas is offline
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Quote:
Originally Posted by pianoplayer
Yeah the wording is not clear, but if you are married to a USC, you check the first one, i.e. "a visa has been approved or I will be submitting a petition that, if approved, will make a visa immediately available" etc. etc.

The reason is that the I130 your husband submits with the I485, makes you qualify under the first check box(read the part in brackets).
I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...
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  #6  
Old 3rd August 2006, 06:04 PM
pvkby pvkby is offline
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Quote:
Originally Posted by rimvydazas
I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...
yes. you answer "A", because you are filing concurently. before you had to first file i-130 wait for the approval, and then file i-485, now since you are filing together your petition is assumed to be approved and immigrant visa number immidiately available...
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Belarus National Married to USC
Status: F-1 (changed from R-1)
DO: Charlotte, NC
Mailed (I-130, I-485, I-765, I-131): 6/19/06
ND: 6/26/06
FP/Bio Code 3 ND: 7/12/06
FP/Bio Code 3 Done: 7/26/06
AP Approved: 9/1/06
EAD Approved: 9/5/06
Interview notice: 11/1/06
Interview date: 12/5/06
Interview canceled (e-mail): 11/15/06
Still went to the interview: 12/5/06 - APPROVED
Welcome notice: 12/9/06
GC received: 12/13/06
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  #7  
Old 3rd August 2006, 11:14 PM
pianoplayer pianoplayer is offline
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Quote:
Originally Posted by rimvydazas
I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...
I do not understand why you are still confused. Yes, what you are quoting there is correct, but have you read the rest of the sentence(the part that is put in brackets) on the application? I think they make it very clear that you should apply using (a).
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  #8  
Old 4th August 2006, 12:03 AM
ari4u ari4u is offline
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Quote:
Originally Posted by nancy1978
Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.
Choice A is interpreted as...

An immigrant petition giving me an immediately available immigrant visa number 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 you are eligible to file I-130 and I-485 concurrently, you choose A and you dont need a separate copy of the petition to go with your I-485
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  #9  
Old 4th August 2006, 01:01 PM
nancy1978 nancy1978 is offline
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I just want to thank you guys for all your help!!!
Nancy
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