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I-485 & questions

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  • I-485 & questions

    I'm married to a USC and my tourist visa expired a few days ago. I'm about to start filing all the papers to INS to adjust my status. There are some questions that came up while filling out the form I-485 and I don't know how to answer...
    PART 1 "Current INS status" what should I put there? "I'm overstayed"!? or "an applicant for permanent residence"?
    And PART 2 "Application type"...I'm applying for an adjustment to permanent resident status because...because what? Should I mark: I'm married to USC?
    Thanks a lot for you who knows

  • #2
    Hi Mer,

    I am not really sure what you can do in regards to overstaying your visa. If it is only a few days that may not be a problem?? I am not certain.Can you visit INS and ask or call ??
    As for Part 2 check the box married to a USC (you are already married right?)

    The paperwork is very time consuming and if it is not done 'just right' INS will send it all back to be redone. Do you have a lawyer or are you doing the paperwork by yourself. My suggestion is do it yourself but be thorough.
    Make sure your ins photos are taken by a passport photo store.
    The sooner you send in your paperwork the sooner you can work, travel etc. Don't forget these documents are separate to the I-485 adjustment of status. Medical also needed.
    GOod luck


    • #3
      Put tourist & I would check the first one as far as the basis goes. I looked at my papers and I think I checked it after I photocopied so I don't remember what I put on there but the first one fits your case.


      • #4
        TO: MER

        You need to write "ADJUSTING STATUS" in respect to your current INS status since you really do not have any status yet and you are in the process of adjusting it. And, you are applying for it, based on marrying with a us citizen since you are immediate retative of a us citizen (yr husband) and immigrant visa # will be available to you right away when your application is approved. But, keep in mind that marrying with a us citizen does not give you a automatic right to stay here or protect you from deportation, unless you have work permit which you can receive it based on pending I-485 if you like to work, otherwise do not come in the eyes of immigration or else INS will deport you and force you to file papers at abroad at us embassy.


        • #5
          Are you talking about the question:

          "In what status did you last enter?" On page 2 of the I485?

          If so, you need to put tourist if you entered on a tourist visa.


          • #6
            Thanx guys,
            I was talking about the form I-485, page 1, part 1, second last guestion: CURRENT INS STATUS
            and I-485, page 1, part 2, question: I AM APPLYING FOR ADJUSTMENT TO PERMANENT RESIDENT STATUS BECAUSE...
            Well I guess I've already got the answers for this one -THANK YOU SO MUCH!

            Oh, and one more question, in my case should I file all of the forms (I-130, I-485, I-131, I-765) together in one package at once? Or should I send off the I-130 first and then after getting a notice from INS all the rest?


            • #7
              To Mer:
              You should send all these paper together with Medical from INS approved Doctor. You can write, "Tourist but overstayed now applying for AOS"
              Good luck.


              • #8
                Send them all at once.

                Oh I misread, I don't remember what I put, I left some of the stuff blank and went to the INS office and I filed out the rest there. Sorry :/

                That part 2, the first box applies to you so you're set with that question.

                Good luck to you



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