Jolie

My husband and I started to fill out the I-485 and we're not sure what application type (part 2) to check off. I thought we had to check off "a" since we're filing the I-130 with the I-485, but a friend of mine checked off "other" and filled in "married to a US citizen", when she filed for her husband. Does anyone know the correct box to check off?

Thanks!

jeffreyhy

Jolie,

Hard to say - you don't tell us what your situation is, nor do you tell us what your friend's situation was. What was right for her husband may not be right for you or your husband (whichever of you is applying).

Odds are that 'a' is the one you want, however.

Regards, JEff

Jolie

My husband is a French citizen who is here on an E-2 visa (expires in 09). We just got married in July (in France) and we want to adjust his status. It's been hard to get a straight answer from immigration, but I believe we have to file the following documents: I-130, G-325A, I-485, I-508, I-508F (for French), I-864 and I-693. I don't believe we have to file the I-765 since we don't plan on leaving the country until his interview and he has a valid visa. Based on this info do you still think we should put "a" on the I-485? Thanks for the help!

Noorah101

Hi Jolie,

I don't know the answer to your main question, but just wanted to point out that the I-765 is for the EAD (Employment Authorization Document). I think you meant to say you don't need to file the I-131 AP (Advance Parole), which is used for travel purposes.

Since I don't know what an E-2 visa is, I would suggest you look into whether you will need the I-765 EAD or not.

Best Wishes,
Rene

jeffreyhy

Jolie,

I don't know anything about E2 (investor's) visas, but I do believe that 'a' is the correct answer for your husband. He is applying for adjustment on the basis of his marriage to you, which requires an approved I-130 petition.

True, the petition is not yet approved, but it will be approved before the I-485 will be approved. Actually, they'll probably be processed and approved together.

Regards, JEff

Jolie

Thanks for this info!
I had another question regarding timeline. When does the 3 year period start before you can apply for naturalization - does it start when you have your interview or before then?

meauxna

Jolie, neither.

The date on the Green Card will show 'resident since' and indicates the date that Permanent Resident status starts. That is the date the naturalization clock starts ticking.

Not all interviews conclude with a grant of PR; sometimes there is a delay of a few weeks or more while waiting for security/name checks.

Jolie

Does anybody know what the "average" wait is for an interview in Newark, NJ? On the web it says they're working on apps. from Aug. 20, 2004...has this been the experience of others - one year?!?

Thanks for all the help!

meauxna

Wow.. short!

There is a timeline sorter thingie at visajourney, but it's dependant on how many people have entered their info (not many). www,kamya.com/interview is also a good place to look for interview stories/timelines.

Since he's French, did anyone mention to you about marrying now and filing I-130 in Paris? That's the quickest way to the Green Card.

Jolie

THat's funny you mention that. We got married in France this past July under the assumption that we would be able to apply at the US Embassy in Paris. When we called the US Embassy there (after paying the 14 euro just to talk to someone!) they told us since we don't live in France we can't apply there. Do you know anything different? We would definitely apply in Paris if we could.....

Thanks!

Folinskyinla

Jolie:

Your question is a reasonable one; everyone asks. But it is the path to madenss and dispair.

;(

meauxna

<delete pre-research comments>

There have been several recent French DCFs posted at visajourney, but none that I recall *since July*. It is entirely possible that Paris pulled the plug on non-resident DCFs in July-- for whatever reason, when a Consulate stops allowing non-rez DCF it occurs in July. Brazil just stopped this past July as well.
Then again, you might not have spoken to the right people. I've got no way of knowing, but looking just now, I see this on the visa page of Paris' website:
"Direct Visa Processing is no longer available."
------
Further reading leads me to believe you *did* get the right answer... sorry
Paris has taken down anything remotely resembling the old instruction for filing locally. It now directs USCs 'not legally resident in France' to file in the US.
Nevermind

But: if you think it might be faster (and I have no idea if this is 'allowed' or not), could your husband maintain his E status here, you file I-130 and let him go to Paris to apply for the IV? It might take less time than waiting on an AOS. If he does not 'need' the status of Pending Adjustment due to his holding another legal status, this might be an option.