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Hello, My I-130 Has been approved and now I'm about to file the I-485 I have a problem on the Application Type in Part 2.

Westbury, NY |

Can somebody tell me please which one to check? My wife she's a US Citizen born in NY.

Thank you for your quick answer

Attorney Answers 6


  1. Assuming you are eligible to adjust, then you would check (a)


  2. If your approved I-130 was based on your marriage to your U.S. Citizen wife, then you would check a) An immigrant petition giving me an immediately available immigrant visa number has been approved. I recommend working with an experienced immigration attorney to make sure you provide all the necessary documents and properly complete the forms.

    Ellie Mosko Attorney Ellis Porter, PLC 2701 Troy Center Dr., 410 Troy, MI 48084 Phone: 248-519-9900 Fax: 248-519-9901 Email: ellie.mosko@ellisporter.com The information I provide on Avvo is for informational purposes only and does not constitute legal advice or create an attorney client relationship


  3. You would choose (a). I strongly suggest that you consult with an immigration lawyer near you about your case, to have the best chance of success and to avoid mistakes that could cause problems down the road.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  4. In Part 2 of the I-485 if you are adjusting based on marriage to a US Citizen then you check off part a. An immigrant petition giving me an immediately available immigrant visa number has been approved.

    Why did you not file the petition and adjustment together? Are you out side of the USA?

    I would strongly urge you to contact an experienced immigration attorney to guide you through this process.

    DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement. For a FREE Consultation call (212) 804-5770 or visit us at www.StatusImmigration.com


  5. You probably should check off (a). However, I recommend you consult with an attorney as to the whole process.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  6. I recommend you see an immigration attorney BEFORE you file the I-485, even if only to evaluate if you have any issues you are not aware of which may potentially cause denial of your case. If case is denied, you could be placed in removal (deportation) proceedings! Instructions on the forms do not tell you everything, as you have already learned.

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