Help with I485A please?

J

jenns1979

New Member
Hello.

I am filing paperwork for my husband who is from England. Basic run down is this:

He came over Nov 2007 for a visit with myself and other friends. However, after a month or so, we fell in love. He was scheduled on his I-94 to leave no later than Feb 2008. Obviously, that did not happen. During this time, we had twins as well as got married. Finances and life made it a bit of a drawn out process, but I'm about to file paperwork to make him legal next week.

Now that you've got a bit of the backstory...

I've pretty much got all the other paperwork ready to go, as well as the medical exam papers, photos, etc. However, I'm stuck on I-485A.

I'm confused. On one hand, it says I should file this paper because of Part B option 2C (stayed in the US past the expiration of the period of lawful admission). On the other hand, it says in Part C option 2C that if you are applying to adjust status as the spouse of a US citizen and you were inspected and lawfully admitted to the US, not to file.

Now he was inspected, went through customs, etc. So he was lawfully admitted. Do I still need to file this form along with pay the $1000 penalty fee? Please feel free to ask questions if it will help in answering my question.

Thanks in advance guys. :)
 
I-485 is the Application to adjust status in US, which is his case, you will file that with I-130 and if needed forms for EAD and AP, here recently they started issuing AP and EAD in just one document. File I-485 only not the I-485a.

You will not have to pay the $1000 penalty, it's for the people that entered US without inspection and are taking advantage of 245i.
 
I-485A is when one applies under 245(i) and pays a penalty, but that requires the applicant to have arrived before a particular date in Dec. 2000 and the have had a petition (or labor cert) filed prior to 4/30/01....he arrived in 2007 on an actal visa, not a visa waiver.

The I-131 for advance parole should not be filed, he cannot travel abroad not even a honeymoon cruise, or Canada or Mexico day trips until he gets his greencard or else he will be barred from re-entry for 10 years for unlawful presence due to his overstay. [A very difficult waiver is possible for that, but why bother?]
 
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