Question about form I-485

passionate0829

Registered Users (C)
Hi: Can someone clarify this for me please? I'm filling out form I-485 for my wife, and got stuck the first question Part 2. Some people on the forum said that we need to check box h) and write down "Concurrently filed I-130", but my wife's friend also got scheduled for an interview for her GC and on her application, she checked box b).
Someone who knows about this please help. I really appreciate any input.
By the way, I'm a USC.
 
Option (a)

Hi: Can someone clarify this for me please? I'm filling out form I-485 for my wife, and got stuck the first question Part 2. Some people on the forum said that we need to check box h) and write down "Concurrently filed I-130", but my wife's friend also got scheduled for an interview for her GC and on her application, she checked box b).
Someone who knows about this please help. I really appreciate any input.
By the way, I'm a USC.

You chose option A under part 2. As a USC, an immediate visa is available for your wife. Whoever said chose H is nuts, crazy and delusional to put it midly.:rolleyes: I have done this process before and my counsel is money in the bank... see the language of part 2 (a). Since you will be completing I-130 once it is approved, she will be eligible for a GC. I-130/485 should be sent concurrently to achieve speedy adjustment of status. :)
 
Thank you very much Al Southner and VisaNutz, but I'm confused because my wife is already in the US on F-1 student status, why does she still need an immediate visa?
Also, if I choose option A, I need to attach a copy of the approval notice. I have no clue what this approval notice is.
This is really important, so I just want to be sure. I hope that you two won't find me annoyed for asking again. I see people on this forum got rejected because choosing the wrong answer on this question. Therefore, I'm kinda afraid.
 
Guide...

:D
Thank you very much Al Southner and VisaNutz, but I'm confused because my wife is already in the US on F-1 student status, why does she still need an immediate visa?
Also, if I choose option A, I need to attach a copy of the approval notice. I have no clue what this approval notice is.
This is really important, so I just want to be sure. I hope that you two won't find me annoyed for asking again. I see people on this forum got rejected because choosing the wrong answer on this question. Therefore, I'm kinda afraid.

Just complete I-130. F-1 doesn't grant her the right to stay and live in the US, it is a student visa. If you want to hit it every night with your wife here, complete the required forms to have your wife here or once her visa expires, she will be forced to move back home. So, cold sheets could be in store for you soon...:D Look at the link below on what forms you need, Ari4u is the second post which will educate you a bit more.


http://forums.immigration.com/showthread.php?t=288201

Forms you need: I-130 (once is it approved, creates a basis for I-85) Send them together as one package, don't send this and wait for reply. You complete and sign. bull...
I-485-wife completes and signs.
I-765 Employment authorization, wife signs
G-325 X 2 (one for you and one for wife) each one signs their copy
I-864 Affidavit of Support, you sign and provide proof u can afford ur wife..:D
I-693 medical forms, signed by doctor knowledgable about immigration issues and vaccination. USCIS wants to ensure she doesn't bring any leprosy here..:p
copy of marriage certificate, passport of her, your passport or drivers license, passport size photos of you and her (not together as one picture, but separate as it appears on your passport)

Correct filing fees in checks or money orders... Anyone else in terms of what I forgot in this response?
 
I am very thankful for your informative reply Al Southner. I am actually almost done with filling out all the forms that you mentioned above by using the "Do it yourself" sticky thread on this forum. I only have a few confusing questions left, and one of them is the question I asked above. So, you think in my case, choosing option A is the appropriate answer right? If I choose this, what kind of document I need to attach since option A says "An immigrant petition giving me an immediately available immigrant visa number that has been approved (Attach a copy of the approval notice, or a relative, special immigrant juvenile,...)."
 
I am very thankful for your informative reply Al Southner. I am actually almost done with filling out all the forms that you mentioned above by using the "Do it yourself" sticky thread on this forum. I only have a few confusing questions left, and one of them is the question I asked above. So, you think in my case, choosing option A is the appropriate answer right? If I choose this, what kind of document I need to attach since option A says "An immigrant petition giving me an immediately available immigrant visa number that has been approved (Attach a copy of the approval notice, or a relative, special immigrant juvenile,...)."

You I-130 is as good as an approved notice of action. It will be approved the day it is adjudicated by an IO. The language in the forms is old and bully, so just ignore the language. Just do as I indicated, complete all those forms and send them to the required lockbox. Yes, (a) is the correct option. I am certain about this as I know that I ate cherries and grapes for lunch today. I-130 is that document you need to have an immediate approval note, so just do as I indicated and your wife will enjoy you for years to come.....:p
 
Hi Al Southner, I really appreciate your help here, but would you mind taking a look at the "Do it yourself" sticky thread you posted above on page 5. Someone got rejected for checking box A without mailing the I-130 in the same package. Then why would BornintheRSA advised that person to resend the package choosing option H? What does option "H: Concurrently filed I-130" mean anyway? Do you know what option B mean in lay terms?
 
Do as i said..forget those who filed wrongly.

Hi Al Southner, I really appreciate your help here, but would you mind taking a look at the "Do it yourself" sticky thread you posted above on page 5. Someone got rejected for checking box A without mailing the I-130 in the same package. Then why would BornintheRSA advised that person to resend the package choosing option H? What does option "H: Concurrently filed I-130" mean anyway? Do you know what option B mean in lay terms?


That person was nuts in sending a I485 without filing I130 or attaching an approved I-130. :eek: Let me help you out: If you filed the I-130 form on Jan 1, 2009 and you received a response from USCIS..saying it is processing, then you could use that Notice of Action (NOA) to mail a I-485 for your spouse. However, you never filed any paperwork, so you HAVE to FILE it NOW with your wife's 485 form, if you don't it will be rejected by USCIS and cause your wait a pain of waiting to resend the package with your I-130. The language of immigration was meant to be confusing, so this forum is deconstructing it for the millions of filers. :D

Concurrently filed means that you mailed the I-130/485 and relevant forms for AoS at the same time=one envelope with required evidence. In your case, just do as I said above. I have done this process myself and have a GC without any problems. My wife and I filed concurrently the I-130/485 forms in the same envelope and was approved without any problems. Focus on people who were successful in their filing following this process. The person you mentioned might have had their form rejected because they were not US citizens, but greencard holder who misunderstood their greencard as offering their spouse an immediate visa. Good luck and as I said, you will be successful in your filling. Just thank us in about 6-9 months when you are approved...:p Just file the I-130/485 and chose option (a). I won't misled for a dime... don't obssess with option H, which stand for hobo..:p
 
I can't say thank you enough for your very helpful and clear explanations, Southner. Can you help me on another question on form I-864?
I'm worried because my situation is different from yours. I can't afford my wife since I'm still in grad school :(( However, her aunt and uncle agreed to help me on this matter. They act as her sponsors. Their combined income is above the 125% poverty line. My question is that on form I-864 question 1, part 1, I should choose box E right? Then fill out form I-864A. Here I'm using income from both her aunt and uncle.
 
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