Question about: I-485 Part 2 (Application Type)

J

JSlade

Registered Users (C)
Hi,

I am a USC and about to file Green Card for my spouse who is currently in US on H1-B visa. I have a question on I-485 Part 2 (Application Type). The question states, 'I am applying for an adjustment to permanent resident status because:' and there are 8 check boxes to choose from.

I think I have to check first option, 'a', but I am not sure. I have read some posts where they suggest to choose 'h'. Here is the text for 'a' and 'h' check boxes.

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

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 US for one year after admission).

Please suggest, thanks.
-JS.
 
Thanks for quick response.
Should I attach any documentation to support this option? I am asking because this option says 'attach a copy of approval notice, or a relative....'
 
It is option "A", and since you are sending the I-485 with the I-130, no need to "support" this option. On your G-325 say that the form is submitted "other" - "support of I130".
 
I would make a copy of the completed I-130 and include with I-485.

For G-325A, I would include a full set with I-130 as well as I-485.

Look at it this way - treat EACH form independently. If a document is needed for both forms, don't just include with one and assume it's ok since you are filing together. So, include all documents needed for EACH forms independent of each other. The law only allows you to file 485 concurrently in certain cases if you are also filing 130, but it doesn't say you don't have to include documents for one form because it's included with the other.

The idea is to send fully completed forms to USCIS that are not document dependent on another form. So, for example, if an IO wants to review I-485, he/she doesn't need to refer to the original I-130 for reference.
 
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