I485A Needed?

[onpwr]

Hi.

My wife came to US with a student visa. Before her student visa expired, we got married (I was GC holder back than) and filed I130 and she stopped attending her school. I recently received my US Citizenship, so I am going to change my wife's status to FP-2 (2nd Family-Preference category) into the "Immediate Relative" category and file I485.

Now, Do I need to include I485A for my case?

Thanks in advance for your replies.

 

[pianoplayer]

Hi.

My wife came to US with a student visa. Before her student visa expired, we got married (I was GC holder back than) and filed I130 and she stopped attending her school. I recently received my US Citizenship, so I am going to change my wife's status to FP-2 (2nd Family-Preference category) into the "Immediate Relative" category and file I485.

Now, Do I need to include I485A for my case?

Thanks in advance for your replies.

Hi:

Based on the facts provided, you need not file I485A. As a general matter, spouses of USC do not need to file I485A along with I485.

 

[onpwr]

Thanks, Pianoplayer!

'Section 245(i) of the Act allows
certain aliens to file for adjustment of status upon
payment of a penalty fee of $1,000, even though
some of the conditions required by section 245(a) and
(c) of the Act are not met. Aliens in the United States who have an immigrant
visa immediately available, but who entered the United States without inspection, remained in the United States past the period of
admission, worked unlawfully, or are otherwise
ineligible for adjustment of status under section
245(c) of the Act must submit this
form along with Form I-485, Application to Register
Permanent Residence or Adjust Status.'


So, my wife does not fall under above act? I am not sure if she is considered to had 'remained in the United States past the period of
admission', since she did not attend school but remained in US.

Thanks.

 

[pianoplayer]

Thanks, Pianoplayer!

'Section 245(i) of the Act allows
certain aliens to file for adjustment of status upon
payment of a penalty fee of $1,000, even though
some of the conditions required by section 245(a) and
(c) of the Act are not met. Aliens in the United States who have an immigrant
visa immediately available, but who entered the United States without inspection, remained in the United States past the period of
admission, worked unlawfully, or are otherwise
ineligible for adjustment of status under section
245(c) of the Act must submit this
form along with Form I-485, Application to Register
Permanent Residence or Adjust Status.'


So, my wife does not fall under above act? I am not sure if she is considered to had 'remained in the United States past the period of
admission', since she did not attend school but remained in US.

Thanks.

Hi:

You are correct --- she did violate the conditions of her student visa. However, as the spouse of a USC filing AOS, this violation is forgiven. Since she is applying on this basis, I485A is not required.

If you want to read more about this, pull up the I485A and read the instructions carefully. I believe they list a spouse of a USC as being an exception.

 

[onpwr]

Thanks Again! Yes, it does say spouses of USC are exampt.

NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child atleast 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrantstatus, you do not need to file this form.

I guess, I do not have a good lawyer, This was one of the doc he said he will prepare.

I appreciate your help. Saved me $1000.

Have a Happy New year!!!

 

[pianoplayer]

Thanks Again! Yes, it does say spouses of USC are exampt.

NOTE: If you are applying to adjust as the spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child atleast 21 years of age, and if you were inspected and lawfully admitted to the United States other than in C-1 or S nonimmigrantstatus, you do not need to file this form.

I guess, I do not have a good lawyer, This was one of the doc he said he will prepare.

I appreciate your help. Saved me $1000.

Have a Happy New year!!!

You are welcome. No comment about the attorney! Have a wonderful New Year!