Adjustment of status

M

mimi0418

Registered Users (C)
Hello Everyone,
I would like to know which statement I should check on the AOS part 2 when filing for my wife. I have read a couple of answers about checking A or H. Not sure which one to choose.
If H is correct what should I write as the reason for filing?
 
Why don't you provide more information? How do you expect anyone to answer your question when you have provided almost no information at all about your status or your wife's status?
 
mimi0418 said:
No have not filed the I-130 as yet, I will be filing both forms concurrently.
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Then don't forget to include a copy of I-130 with I-485. If your wife wants to work, she should also file I-765 application for employment authorization. The fees for I-765 are already included in the fees you pay for I-485.
 
If I remember a immediate relative can file for AOS when out of status as long as their last entry into the US was done lawfully (inspected).

However, if their out-of-status time accumulates to between 180 days (6 months) and 1 year then if they exit the US before being grated the GC (even on Advance Parole) then they are banned for 3 years; if the out-of-status time is more then 1 year and they exit the US before being grated the GC then the ban is for 10 years.
 
dhlunar said:
However, if their out-of-status time accumulates to between 180 days (6 months) and 1 year then if they exit the US before being grated the GC (even on Advance Parole) then they are banned for 3 years; if the out-of-status time is more then 1 year and they exit the US before being grated the GC then the ban is for 10 years.
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This is correct, except for the term "out of status". What triggers the 3/10 year bars is illegal presence, which is not the same thing.
 
Understandable... but I havent gotten the answer to my question...Do I choose statement A or B on the AOS form if I am a USC filing for my wife who is here in the US?
 
Check option "a".

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 applicaition that will give you an immediately available visa number,if approved.)

Since you are filing the forms concurrently, make sure to attach a copy of form I130 with this application too.
 
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