Part 2....I-485...currently under F1/OPT

[nancy1978]

Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.

 

[pianoplayer]

Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.

The most recent one - OPT. If you write this in, you could write "F1 on OPT" if you want to be thorough.

 

[nancy1978]

Basis of Elegibility I-485???...OPT applying for AOS

oh, I think I didn't explain my self very well I am confused in the option I should choose about my elegibility... a) visa availabe..or h) other basis of elegibility... and if h) what should I write? Thanks.

 

[pianoplayer]

oh, I think I didn't explain my self very well I am confused in the option I should choose about my elegibility... a) visa availabe..or h) other basis of elegibility... and if h) what should I write? Thanks.

Yeah the wording is not clear, but if you are married to a USC, you check the first one, i.e. "a visa has been approved or I will be submitting a petition that, if approved, will make a visa immediately available" etc. etc.

The reason is that the I130 your husband submits with the I485, makes you qualify under the first check box(read the part in brackets).

 

[rimvydazas]

Yeah the wording is not clear, but if you are married to a USC, you check the first one, i.e. "a visa has been approved or I will be submitting a petition that, if approved, will make a visa immediately available" etc. etc.

The reason is that the I130 your husband submits with the I485, makes you qualify under the first check box(read the part in brackets).

I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...

 

[pvkby]

I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...

yes. you answer "A", because you are filing concurently. before you had to first file i-130 wait for the approval, and then file i-485, now since you are filing together your petition is assumed to be approved and immigrant visa number immidiately available...

 

[pianoplayer]

I am in the same situation as Nancy... are you sure I have to check a. if I filling I-485 and I-130 concurently? because a. says that "an immigrant petition giving me an immediately available immigrant visa number HAS BEEN APPROVED"...

please someone...

I do not understand why you are still confused. Yes, what you are quoting there is correct, but have you read the rest of the sentence(the part that is put in brackets) on the application? I think they make it very clear that you should apply using (a).

 

[ari4u]

Hi, I am applying for AOS based on marriage. I am currently under OPT, I married my husband when I was a student. My question is,,, in form I-485 Part 2... which one should I choose.... I hope somebody can help me!! =) Thanks.

Choice A is interpreted as...

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.).

Since you are eligible to file I-130 and I-485 concurrently, you choose A and you dont need a separate copy of the petition to go with your I-485

 

[nancy1978]

I just want to thank you guys for all your help!!!
Nancy