B2 to AOS

H

honesttt

Registered Users (C)
Hi All,
My wife and i were thinking of going through the CP process ,but we decided to do the AOS process,though i already have an approved i-130 and currently in US on B2 visa.I looked at the i-485 form and in the part 2,which states that"i am applying to adjust to a permanent residency status because" i was wondering what i should tick on here,as non of the categories seems to apply to me,i am an African and married to a US citizen.
Hope someone would advice me on what to do immediately!

Thanks.
 
Thanks but as an immediate family of a US citizen(spouse) i don't think i need a visa number,this is a bit confusing:(
 
Thanks,but if i may ask,why do i need a visa since i am already in The US ,and why do i need to file another i-130 ,since i already have an approved i-130? please kindly reply.
 
it's not a visa that you need, it's an immigrant visa number. They are available immediately to those married to US citizens, so you have it already.

You do not need to file another I-130. Make sure that you do not file I-485 until after 90 days from your arrival pass. Make sure to include a copy of the I-130 approval notice with your I-485.
 
PraetorianXI said:
Answer "A" and file the forms I-130 and I-485 together.
Click to expand...

Hi everyone,

I'm glad i read this thread coz it had me worried checking the 'A' box also on my I-485 which I submitted last monday along with form I-130.

I guess I checked the right box. now, I'm relieved. :D

Thanks!
 
Thanks a lot LucyMo,you have been of a great help and one more quick question for you,please what difference would it make if i apply now ,has my B2 visa would expire at the end on July,09 and at the point of entry ,the officer just asked me how long i would be staying in The US and i told her 3weeks and she just stamped on my I-94 form my arrival date but she didnt give me any departure date,so my guess would be that she expect me to leave before my visa expires,which i wont,because i would be filling my AOS before my visa expire.
 
honesttt said:
The US and i told her 3weeks and she just stamped on my I-94 form my arrival date but she didnt give me any departure date,so my guess would be that she expect me to leave before my visa expires,which i wont,because i would be filling my AOS before my visa expire.
Click to expand...

There's no expiry date on the I-94????
 
Yes there was none,but i noticed that when she asked me how long i would be staying and when i told her 3weeks ,she immediately entered something in her computer,i entered through Atlanta,though i have had this experience before when i first came to The US on a J-1,i didnt have an expiration date on my i-94,well i guessed its not really of a problem has the officer suppose to know what is was doing and i will just attach a copy of my i-94 with my application.
 
Hi Again LucyMo,
Please on the i-485 form,where it was asked about current USCIS status,should just write approved i-130? has i already have an approved i-130.
 
honesttt said:
Thanks a lot LucyMo,you have been of a great help and one more quick question for you,please what difference would it make if i apply now ,has my B2 visa would expire at the end on July,09 and at the point of entry ,the officer just asked me how long i would be staying in The US and i told her 3weeks and she just stamped on my I-94 form my arrival date but she didnt give me any departure date,so my guess would be that she expect me to leave before my visa expires,which i wont,because i would be filling my AOS before my visa expire.
Click to expand...

the officer stamped the date of your arrival in the "valid till" field of the I-94???? well, that would make it the status expiration date as well. So, it looks like you have been illegally present from the moment you arrived.

Visa expiration date does not matter at all.
 
LucyMO said:
the officer stamped the date of your arrival in the "valid till" field of the I-94???? well, that would make it the status expiration date as well. So, it looks like you have been illegally present from the moment you arrived.
Click to expand...

That wouldn't fly - it's clearly CBP error in such a circumstance.
 
If thats the case,then i really think its not my fault and thats why i would file my application before my 3weeks of stay expires and in that case the immigration would have nothing against me,or what do you think?
 
AkaMuzik said:
I-485 needs to be filed by beneficiary (foreign spouse), correct?
In application type of I-485, do I need to select an option a. as well?

In part 1. of I-485 there is a question about current USCIS status.
I'm on visitor's visa right now. Would my current USCIS status be visitor?

When do I need to undergo medical examination and submit my medical condition report? Do I need to wait for USCIS request or should a medical examination report be attached to I-130 package?

When do I need to obtain and submit police clearance certificate?

I-864 Affidavit of Support (Filing fee: $0.00)
My wife does not meet minimum income requirement.
Her mother will be a co-sponsor. Will my wife have to submit I-864 as well?
Click to expand...

Yes, I-485 needs to be done by the foreign spouse.
You will choose option H not A. Reason: Concurrently filed I-130.
Option A is only if your I-130 was previously approved.

Your status is B2

Medical exam form must be sent with package.

You do not need a police clearance certificate. That is only for a few cases where USCIS has requested it specifically.

Your mother-in-law can be the sole sponsor if she meets the income requirements.
 
honesttt said:
If thats the case,then i really think its not my fault and thats why i would file my application before my 3weeks of stay expires and in that case the immigration would have nothing against me,or what do you think?
Click to expand...
How long have you been in the US? B-2 visitors are normally granted 3-6 months if they haven't had a long visit to the US in the recent past.

However, B2 visas require nonimmigrant intent, and filing the I-485 soon after entry with the visa is an indicator of a preconceived intent to immigrate. Filing an I-485 soon after entry (less than 90 days) with a B2 can lead to I-485 denial for issues regarding immigrant intent. Filing it just 3 weeks after entry would carry a high risk of denial.
 
Last edited by a moderator:
honesttt said:
If thats the case,then i really think its not my fault and thats why i would file my application before my 3weeks of stay expires and in that case the immigration would have nothing against me,or what do you think?
Click to expand...
did you not read my message above: Make sure that you do not file I-485 until after 90 days from your arrival pass.
 
honesttt said:
If thats the case,then i really think its not my fault and thats why i would file my application before my 3weeks of stay expires and in that case the immigration would have nothing against me,or what do you think?
Click to expand...

You'll be fine even you apply after the 3 weeks. Like they said above... that would even be risky.
Concentrate on proving that the marriage is genuine and getting your package done correctly. That's more important.
You have to send a copy of your I-94 with your forms anyway so they'll see that the error is on their side not yours.
 
You must log in or register to reply here.
Top