Filing a second I-485

A

ayserk56

New Member
Hello,

I have a pending I-485 (Work Based - EB3 level) that will take forever to get approved. My current status is AOS, Pending I-485 (No H1B Visa, valid EAD)

I recently married a US Citizen and in the process of filing a second I-485 based on marriage.

I have the following questions:

Form I-485:
In Part 1, the form asks for current USCIS Status and Expiration Date. I don't know what to put for the expiration date, since my AOS case is pending.

Form I-864EZ:
I decided to use this form since my spouse's salary is over the 125% poverty limit (househod = 2). Although we have a shared bank account, and i've been here in the states for 10 years, will it ok to proceed this way (utilizing only the spouse's salary since it's sufficient, >125%)?

I-765:
I have a current EAD that expires on 10/19/2010 (through my current I-485). While completing the new I-765 form, I got confused of what to enter for the purpose of form (permission to accept employement, or renewal) since this is a different I-485. any guidance?

I-130:
In the form that my spouse has to complete, Question 14 of Part C asks for expiration date of my I-94 (which expired on 9/30/2008). This concerns me if it raises any red flags when this application is being reviewed. Should I be worried?

Thank you very much in advance.
 
I am in the process of filing my wife's FB 485/130 etc in a similar situation as yours. I had the same doubts that you have raised above. I just took the safe approach to these questions. Will update this thread with my response to these questions once I go home and have a chance to look up my forms.
 
I am going with these responses for the questions that you had. It would be good to know what others think. So everyone, please share your opinion too.

I-485
current status: "Adjustment of Status Pending"
expires: "N/A"

Form I-864EZ -
I am filing I-864 since I am self-employed. But my understanding is that this EZ version was created for people with regular job / W-2 . So, you should be fine with EZ.

I-765
I am going with "permission to accept employment" since this is a new I-485. My thoughts are that since the eligibility for this new EAD is based on new 485, this should not be considered as renewal.

I-130
I have put "N/A - PAROLEE" for I-94 expiration date. I didn't feel it is a good idea to put an expired date.
 
Thanks so much for the helpful information ...

I plan to consult with some friends about these questions, and I'll post any different answers ...

Thanks again ..
 
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