Jon Brown

In filling out 485A I get as far as Question 6. I did enter the US legally with a
visitors visa. I overstayed the visa and am now out of status. I married a US citizen
in April to qualify under 245(i). So far I have received a Notice of Receipt from the
INS, but not approval
- yet.

So, on Q6 I should check the first box (As the spouse ... of a US citizen") But the
from then instructs me to stop and NOT file 485A. But everything indicates that I
should file 485A.

Any ideas?

TIA

Sylvia Ottemoeller

Jon Brown wrote:

    >
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >

You do not need to file Form I-485A. You do not need the benefit of 2345(i).

This is because you have the benefit of 245(c), which allows immediate relative
beneficiaries of an I-130 Relative Petition to file Form I-485 despite having
violated status or worked unauthorized.

As a spouse of a U.S. citizen, you may be classified as an immediate relative.