Questions about part 2 on the form I-485

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xeddy

Registered Users (C)
I am married to a USC and would be filing I-130 and I-485 concurrently. On form I-485, I am confused as to what category do I fall under in Part 2.

I believe I should check "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.)

Is that right?
 
I'm in the same situation, I'm a F1 student and married to a USC. But now that i'm out of status and still waiting to have my reinstatement approved, I don't know what I should check in part 2 , is it still (a)? or (h)? . on the I 485, they ask for current USCIS status , should I still put F1 ( even though i'm out of status at this moment)? and on the " expired on " box next the that , should I put D/S as in the I-94 indicated. I'm afraid if I don't tell them i'm not in the status right now, they will deny my application if they find out. Please help!
 
aqualove, when in doubt it's always safer to be as truthful as possible about your situation. I'd say you should indicate your status at time of filing. You could attach an explanation that you've applied for F-1 reinstatement. Perhaps your reinstatement will be approved before you file your AOS?
 
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