Filling I485 for H1B married to USC

D

DavidLM

Registered Users (C)
Hello there,

I very recently married a USC. My H1B is valid till April 2008, and we are in the process of filling I130 and I485.

1/
I read http://boards.immigrationportal.com/showthread.php?t=243475 , which was very useful for my situation as we have planned trips to Europe in June and July (business and family). So i understand i do not need I765 and I131?

2/
I guess there is a risk they might schedule our fingerprint appointment and the interviews when we are in Europe. Would it better to wait till we return from Europe to send the applications?

3/
Now, getting into more details, it is not clear to me how to fill I485 part 2 about application type. Should i select other and explain something like:
"This is a concurrent filing with I-130 (sponsor: my spouse xxx, an US citizen) and I-485." and should i add as seen elsewhere "The immigration visa is immediately available for me as the direct relative of an US citizen." ??

Thank you so much for helping,
David
 
1: You don't need EAD or AP as long as your H-1B is valid.

2: Yeah there's a chance this can happen. You can usually reschedule though.

3: The correct answer is "A".
 
Thank you dr_lha!

about 3: Let me make sure i understand why A is the correct answer for me in I485 part 2.
A says: "an immigrant petition giving me an immediately available immigrant visa number has been approved"
- that would refer to I130 being filed (and therefore the visa number will be available, when I130 approved?)
- that would refer to my currently approved I94 under H1B visa

Thanks!
 
Its "A", trust me! :D

The point is that the wording in this question dates back to the days before concurrent filing of I-130 was allowed with I-485. The idea was that you were supposed to file I-130, get an approved visa number, and then file AOS. Now you can file I-130 concurrently, you don't have to wait like this any more. However, the I-130 is still approved before your AOS (sometimes minutes before) so at the time your AOS is approved, the correct answer is "A", because you have an approved immigrant visa number through filing I-130.

Its got nothing to do with your H-1B BTW.
 
Thanks, i trust you, no pb!
It's just i'd like to be able to understand too!

Thank you so much for your explanations.
It's a great help.
 
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