Fillig out Form I-485

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nattydreads

Registered Users (C)
Hi all, once again,

I'm in the process of filling out my adjustment of status form (I-485) and i'm stuck on PART 2 (application type) my question is since my I-130 has not been approved yet what shld my answer be, should i answer (b):-

(b) - my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

But anyways everything else is straight-forward on the form (i guess i'm not as bright as i thought) :)

Just an update

My husband became a proud US citizen yesterday (finally) and yes we did send in the RFE on the I-130 off over the wknd. I emailed CSC for upgrade with a copy of his naturalization certificate right away yesterday but i got an email back 2day stating that he needs to call the 1-800# at the service center they dont accept emails from the general public :cool: so he will do that when he gets home later.
 
If your husband has become a US citizen, then you are the immediate relative of a USC which makes an immigrant visa number available to you immediately. Don't quote me on this as I am not a legal expert, but I would choose the first option (a) which says the petition would make available to you a visa number if approved, attach a copy of the receipt notice of the I-130 your husband filed when he was still a GC holder, and also a copy of the naturalization certificate to show that his status has changed. Then again, that is just my guess. You may want to find out from the USCIS if he should file a new I-130 which he would fill out saying that he is a USC instead.
 
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