veternDawg

I have a question. i am relativiely new to google groups so this is
the only way I could find to ask a question about the form I-485.

Here goes......


I am a US citizen. My wife is here on a H1B visa and we got married on
June 3 2006. We deicded to fill out the forms and do the whole process
ourselfs. Lawyers nowadays ask for too much money to fill out a couple
simple forms. We have friends that did the process themselves and were
successfull. Anyways. My question is....On the I-485 form theres a
section that says "...i am applying for adjustment to permanent
resident status because...."

and we checked the box that said. "an immigrant petition givng 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 the right??


Or should we check the box that says...."Other basis of eligibilty,
Explain If additional space is needed use a separate piece of paper"
Then we can explain that I am a US citizen and give them my
certificate of Naturalization number.

what should we do??

Rete

Check "Other". She does not have an approved I-130 and therefore the one you are thinking of checking is incorrect.

Be sure to include an I-130 with her petition for adjustment of status.

Folinskyinla

Hi:

As an aside, your posting has me ROFL. There is more to immigration that "just filling out forms."

Check box "a."

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon.

pianoplayer

Actually Rete, he needs to check the one he checked - if you read carefully, it says a petition that has already been approved or a relative petition that would make a visa immediately available. If you file I485 and I30 concurrently, it is absolutely fine to check that one.

veternDawg

thats what I am thinking also. I think I'll just leave it at that.


to whoever said taht I'm "just filing papers". I have no idea what you
are trying to say. I think your answer is very stupid. I know that
its more than "just filing papers". Smart guy

Folinskyinla

Hi:

I was not quoting YOU. What I was quoting was a sentiment that immigration lawyers hear a lot. What you said was "Lawyers nowadays ask for too much money to fill out a couple simple forms."

You are correct that many people fill out those forms with no problem. However, each of those questions on the forms are there for a reason and when examined with an educated eye -- they are not "simple" anymore.

Rete

Actually he did not say he had an approved immediate relative visa but that he check the box for that. That does not mean he has one. His wife has an approved H-1B that we know for certain.

Rete

Also if his wife did indeed have an approved I-130 how did she receive that in less than one month since they were only married on June 3, 2006?

BTW Dog, when you want to a question, don't tack it onto an old posting started by someone else. Others would never have seen it on Britishexpats if I had not separated it from that posting.

And for your information, that smart guy is an immigration attorney.

pianoplayer

But he is a US citizen filing for his wife. When I130 is filed by a US citizen concurrently with the alien's I485, that is good enough. You do not need an approved I130 to check that box, simply an I130 completed by a USC immediate relative, which when approved, would make a visa immediately available. I am sorry if I was not clear.

Rete

Sorry PP but if he filed the I-130 separately, he CANNOT file the I-485 until the I-130 is approved.

He is and you confirmed that he should check the box that says he has an approved I-130. Big difference there.

pianoplayer

Did he file them separately? I was not aware of that. If he filed separately, yes, then I think he needs to wait. But if he filed together(I130/I485) he can still check that box, due to what is said in the brackets.

ian-mstm

Simple forms? If the forms are so simple, why do you need to ask for clarification? Perhaps your initial premise is incorrect.

Ian

Rete

Curious why you think that, PP.

After all if he is filing concurrently, he does NOT have an approved I-130 so that box does not apply to him. In that instance, I would think that the "other" box would be more appropriate.

Pony

Immigration law is a mine field.
You are asking a question to what is a very basic section of the many forms you will be required to submit. You will NOT be able to complete your forms solely by posting questions here, you need at least a basic understanding of the law. Having read two of your posts I am concerned by your lack of knowledge and apparently naive approach . I strongly recommend an attorney. At the least see an immigration official.

A H1B is a work Visa, yet in another post you say your wife was in the US on a student Visa ??????????


Good luck

Pony

Sadly not. In another post he describes her as a student.