David

If a spouse is petitioning for an I-485 package for their significant
other who is here in the USA to change their status to conditional
resident, would the spouse fill out the G-325A and mark the check box:

"Status as Permanent Resident"

or would they check "Other" and write I-485 application

Or would either be fine?

-David

Ranjini

Since the person concerned is not yet a permanent resident, checking "Other" and then writing applicant for change of status or similar is correct.

Folinskyinla

Hi:

I often tell posters here not to obsess over the G-325A form. It is an obsolesent form that pre-dates its use in the I-130/129F situation. It was often used before widespread use of computers as a background check tool. Also, I think the CIS doesn't even bother to read it anymore.

With that in mind -- don't even worry about that check box. You can leave it blank and no one will care. After all, you are submitted it ancillary to a form which makes it obvious why you are submitting it, no?

The information on the G-325 must be truthful, but incomplete information [such as street addresses in that little box -- can't people take a hint?] won't doom a classfication.

Come to think of it, the only RFE's I can recall on this list for an error on the G-325a is leaving off the SIGNATURE.

no-spam

We called the USCIS customer service line several times and we asked to be transfered to a CIS ( INS) officer. The CIS officers we talked to told us that my U.S. citizen husband has to check the "Status as Permanent Resident" on the G-325A. My U.S. citizen did not leave that question section blank.
You would better call the USCIS and talk yourself with a CIS officer.

David

Anyone know if it would be wrong to check "Status as Permanent
Resident" when filling out a G-325A to accompany an I-485 package due
to a marriage with a US Citizen here in the US (non K1,K2,K3 visa).
Basically a simple vacation visa brought the alien here who married a
US Citizen. Couldn't they check "Status as Permanent Resident" on
their G-325A form?

-David


Ranjini <member839@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by David
    > > If a spouse is petitioning
    > for an I-485 package for their significant
    > > other who is here in the
    > USA to change their status to conditional
    > > resident, would the spouse
    > fill out the G-325A and mark the check box:
    > >
    > > "Status as Permanent
    > Resident"
    > >
    > > or would they check "Other" and write I-485 application
    >
    > >
    > > Or would either be fine?
    > >
    > > -David
    >
    > Since the person
    > concerned is not yet a permanent resident, checking "Other" and then
    > writing applicant for change of status or similar is correct.

Folinskyinla

David:

The I-485 is an application seeking admission to permanent residence.

In a "combined processing" application such as yours -- the G-325 for the alien spouse actually is ancillary to two applications -- both the I-485 and the I-130. The I-485 has always required a G-325 while the I-130 added the G-325 requirement long after the G-325 form was created.

In the combined case, the US citizen also has to submit a G-325A form -- as ancillary to the G-325A.

The G-325A is an old form which has not changed at all since I started practicing in the 1970's. The form used to be ancillary to many different applications including an N-400 naturalization application and many other applications for permanent residence. It was added to the use of spousal I-130's and for I-129F's in the lmid-1980's. Since then, the G-325A has actually fallen into general disuse. But it still remains for the I-130/485 situation.

Lets put it this way -- I've sat through many an adjustment interview. The DAO conducting the interview sits there with a red pen putting tick marks as they check things -- the I-130 and I-485's get ticked a lot. They don't even look at the G-325.

Complete the form as best you can, have it signed.

Do NOT worry about which box to check. This is one of the few things you can actually leave blank.

[BTW, on the request for alien number up in the right hand corner -- unless she already has an "A-number" that question should be left blank, so CIS can insert the number. If you don't want to leave it blank -- then put in a "dash" so the number can be interlineated. The US citizen can put in "none" unless they are naturalized and used to have an "A-number].

Do NOT obsess over that little check box.

vinnic

When we filled out these forms, I was always overly worried and I probably shouldn't have been. Nobody could ever give us the "official" answer including the then INS. For our K1, I first retained an immigration attorney who's assistant insisted that I mark "Naturalization" because "it was the ultimate goal in the whole process". After deciding not to retain the attorney (or rather, his assisant), I called the INS only to be transferred around for hours with several different answers. In the end, I simply marked "Other" and typed in "I-129F Petition for Alien Fiance" with no problems. For our AOS, we filed ourselves and marked "Other" and typed in "I-1485 Application..." with no problems. Based on our experience, I like what Mr. Folinskyinla has to say in regard to this little box not being too important. I wouln't worry about it too much (even though I know I did myself).

Ranjini

I do believe you are right. I just looked at the form itself. The box says"This form is submitted in connection with application for" and the answer on both forms should "status as permanent resident", IMHO. This is if the US citizen spouse is also required to fill out a G325A form as yours did....

JubJub

[QUOTE]Originally posted by David
Anyone know if it would be wrong to check "Status as Permanent
Resident" when filling out a G-325A to accompany an I-485 package due
to a marriage with a US Citizen here in the US (non K1,K2,K3 visa).
Basically a simple vacation visa brought the alien here who married a
US Citizen. Couldn't they check "Status as Permanent Resident" on
their G-325A form?

-David


To put your mind at ease, I did the same thing, and we ticked "status as permanent resident" on the 325s. No probs at the interview.