I-485 filling question

bhartiya_12

Registered Users (C)
I am filing for GC for my wife. I am a US Citizen originally from India. She is also from India on an F1 visa here in the US. In the I-485 form which of these options should I check?

I am applying for an adjustment to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number 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.)

b. My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

c. I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e) petition approval notice and the marriage certificate).

d. I was granted asylum or derivative asylum status as the spouse or child of a person granted asylum and am eligible for adjustment.

e. I am a native or citizen of Cuba admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least one year.

f. I am the husband, wife, or minor unmarried child of a Cuban described above in (e), and I am residing with that person, and was admitted or paroled into the United States after January 1, 1959, and thereafter have been physically present in the United States for at least one year.

g. I have continuously resided in the United States since before January 1, 1972.

h. Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the United States for one year after admission). If additional space is needed, use a separate piece of paper.
 
Pick (a)

I am applying for an adjustment to permanent resident status because:

a. An immigrant petition giving me an immediately available immigrant visa number 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.)
 
Yes, but the petition even though has not been approved might be construed to be the I-130 attached. But it is not clear. Every time they change these forms, they make it more confusing.

" Attach a copy of the relative visa petition filed (I-130) with this application that will give you an immediately available visa number, if approved "
 
I am filing for GC for my wife. I am a US Citizen originally from India. She is also from India on an F1 visa here in the US.

Some of us are in situations like yours, F1 marrying USC. Choice A is correct.
 
bhartiya 12
You would pick option (A). The cover letter which you are including with I-130 should clearly mention I-485 is filed concurrently. That solves the confusion
 
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