I-485: Application Type

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mwdrexel

Registered Users (C)
I'm a USC sponsoring my H1B wife's application for permanent residency. We're not sure which box to check for "Application Type" on form I-485. None of the options seem appropriate to our situation.

If anyone who's in a similar situation knows which application type we should choose, please respond. Thanks in advance.
 
I think you can check "Other" and specify how your wife qualifies(Married to US Citizen)
 
KMax said:
I think you can check "Other" and specify how your wife qualifies(Married to US Citizen)
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You would think this would be a fairly common scenario :)

I wasn't able to find the answer in archived posts. Thanks for your suggestion.
 
You should check "a", not "h" (i.e. other basis).

"a" covers "relative visa petition filed with this application that will give you an immediately available visa number, if approved", which is the I-130 form you're filing for your wife.
 
Waiting&Waiting said:
You should check "a", not "h" (i.e. other basis).

"a" covers "relative visa petition filed with this application that will give you an immediately available visa number, if approved", which is the I-130 form you're filing for your wife.
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Agreed. "A" is the correct answer, as odd as it may seem.
 
mwdrexel said:
I'm a USC sponsoring my H1B wife's application for permanent residency. We're not sure which box to check for "Application Type" on form I-485. None of the options seem appropriate to our situation.

If anyone who's in a similar situation knows which application type we should choose, please respond. Thanks in advance.
Click to expand...

This is a common confusion. You must check (A).

If you read the language carefully, it does not state that (A) only applies to an already approved petition ---- it also applies to a petition which, if approved, would be immediately eligible for the benefit. An I130 filed by a USC spouse definitely falls under this category.
 
Thank you all who corrected me. You're right, careful examination of the language in Type (A) reveals that it would cover a joint filing of I-485 and I-130.
 
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