Help with I-130 and I-485 form question

[robbie]

I'm a US citizen applying for GC for my wife.

1. On I-130, the form asks "how did you enter the US", then goes on to ask the date of entry. My wife initially came here as a student several years ago, but now has an H-1B and works. Should she write "student" for the first question? For the second question, should she write the latest entry date? Or the very first time she came to the US?

2. On I-485, the first question asks for the eligibility for applying for adjustment of status. None of the options are about marriage to a US citizen. There is an option about marriage to someone who has been granted an immigrant visa/lawful permanent resident, but I don't see any option that says marriage to US citizen. What option can she pick to show her eligibility for adjustment of status?

Thank you for your help!

 

[dhlunar]

I'm a US citizen applying for GC for my wife.

1. On I-130, the form asks "how did you enter the US", then goes on to ask the date of entry. My wife initially came here as a student several years ago, but now has an H-1B and works. Should she write "student" for the first question? For the second question, should she write the latest entry date? Or the very first time she came to the US?

2. On I-485, the first question asks for the eligibility for applying for adjustment of status. None of the options are about marriage to a US citizen. There is an option about marriage to someone who has been granted an immigrant visa/lawful permanent resident, but I don't see any option that says marriage to US citizen. What option can she pick to show her eligibility for adjustment of status?

Thank you for your help!

1.My wife was in the same situation when she applied 3 years ago. For her status she put down her current status at the time of application and the last entrance in the US. If you wife has a I-94 in her passport, get the information off of the I-94. If your wife's last entrance to the US was after CBP started issuing electronic I-94 then go to www.cbp.gov/i94 to get the information. At the time of the interview, we went with all of the I-20 that my wife had and also official transcripts from the universities that my wife went to while in the US under F-1 status, however, since her status was not F-1 at the time the IO said it wasn't relevant and didn't need to see them. (When it comes time for the interview, I would recommend bringing any I-20 that your wife has and transcripts just in case.)

2.It is very wordy but the correct response to the application type is A.

If you read it with the bold part only it should make sense: 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 application that will give you an immediately available visa number, if approved.) The visa petition is the I-130.