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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

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Attorney answers 6


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


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.

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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.

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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.

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I was outside the USA and couldn't be here because i was preparing my final thesis in Beijing, China. And also couldn't let down that scholarship it.


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

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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.