I-485 Application

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Cela

Registered Users (C)
If you dont mind If copied the question below for your reference.

I a U.S. citizen recently married my husband who had previously been petitioned by his brother. The date my husband's brother petition application was dated and mailed is 01/12/08 however the I-797 (INS reply letter) has a receipt date of 03/19/98 and a priority date (01/14/98). Since the timing is right around the cutff dates, I'm not sure which is most appropiate.
Is there an application HOTLINE or some similiar source.


FORM I-485 Supplement.
NOTE: Use this form only if you are applying to adjust status to that of a lawful permanent resident under section 245(i) of the Immigration and Nationality Act.
For USCIS Use Only
1. I am filing Supplement A to Form I-485 because:

a. I am the beneficiary of a visa petition filed on or before January 14, 1998.
b. I am the beneficiary of a visa petition filed on or after January 15, 1998, and on or before April 30, 2001.
c. I am the beneficiary of an application for a labor certification filed on or before January 14, 1998.
d. I am the beneficiary of an application for a labor certification filed on or after January 15, 1998, and on or before April 30, 2001.

If you checked box b or d in Question 1, you must submit evidence demonstrating that you were physically present in the United States on December 21, 2000.
 
The date my husband's brother petition application was dated and mailed is 01/12/08 ...
Click to expand...
2008? Please clarify. Did you mean 1/12/98?

Assuming that you meant 1/12/98, what are you confused about? The petition was filed on or before 1/14/98, as shown by both the filing date and priority date.

Your husband is filing under 245(i)? So he was here illegally?
 
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The priority date cutoff for the sibling category (fourth preference on the visa bulletin) is November 1997, so your husband still has at least a year or two to wait before he can even file the I-485. As a US citizen, you can file for him and he would very likely get it faster. He's not nearly at the stage to be looking at the document you just quoted (a document which would not be applicable anyway unless he is filing under 245(i)), if he wants to proceed based on his brother's petition.

For more details, ask in the Family Based Green Cards section of the forum. And please provide more details so people can give more relevant answers.
http://boards.immigration.com/forumdisplay.php?f=39
 
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I-485 Supplement Application

Hello and thanks for the reply.

I did meant to say 1/12/98. Note that this is the date was when the brother's petition was signed and mailed. My confussion was as to which date does USCIS refer to when asking the I-485 supplement question no. 2 as the petition's filing date.

  1. The mailing date
  2. The receipt date
  3. The priority date ( what is this date refer to?)

You are right that if I file for him it would be much faster which atleast is what we've been advised. I want to proceed to do that.

We are filing under 245(i) and he did enter the U.S. without inspection or legal immigrant status.

So I am currently filling out the I-130 ($355 filing fee) and I-435 ($1010 filing fee) and I'm told that I must file the I-485 supplement as well and pay the $1000 penalty fee. I aslo found out that these can be filed together. Am I on the right track?

Thanks again for your input
 
The priority date is when USCIS first became aware of receiving the application. This is typically the day it arrived at their office, but it may be a few days later because they sometimes receive literally a ton of mail and takes a while to go through it. The priority date is then used as a driving date to determine one's place in the queue, especially to determine when the I-485 can be filed.

Regarding your other questions, please ask in the Family Based Green Card section, as the people there have more similar experience and done more research in the specifics of family-based cases like yours.
 
I-485 Supplement

Hello again.

Found out that in the USCIS Immigrant visa petition application process, the priority date is the date the petition was filed. ...this clarifies my confussion.

However now I'd also like your input on the following...
What does item B below refer too, what immigrant visa numbder?

You may apply for adjustment of status to that of LPR under section 245(i) if you:
A. Are physically present in the United States when the application is submitted; and
B. Have an immigrant visa number immediately available; and
C. Are admissible to the United States for permanent residence; and
D. Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30, 2001; and
E. Pay a $1,000 penalty fee (unless exempted).

Thanks,
Cela
 
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