Form I-485 Application to register permanent residence?

Question

Hi. I hope someone can help me. I'm on the Visa Waiver Program here, that means I came as a tourist here and I ended up getting married and now I am filling out the applications in order to get my green card.

I have a question to Part 2 on the application form I-485:

www.uscis.gov/files/form/i-485.pdf

I have to choose answer h) but what explanation do I give them?

Thank you for your help.

Answer 1

Hello

Your Answer is A not H. My husband came here under the same waiver.

Answer 2

Your answer is (a) since you are filing AOS based on the marriage to US Citizen, which gives you immediate immigrant visa.

http://www.visajourney.com/forums/index....

Answer 3

You answer with "A" not "H."

A visa number is available now for you.  Even though you don't have an approved petition, your husband should be filing concurrently the I-130.

He files I-130, I-864 and G-325A.

You file I-485, I-131, I-765 and G-325A.

File them all at the same time, in the same envelope.

When you file this way the total cost to file is $1,365 ($355 for the I-130 and $1,010 for the I-485.  The rest are free.).

PS.  Some people on this board will tell you that you can't adjust status on a Visa Waiver.  That's nonsense, it says right in the instructions for the I-485 that marriage while on the Visa Waiver allows you to adjust status.

**********Note, you fall under the exception.... "unless you are applying because you are an  immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old"

Who Is Not Eligible to Adjust Status.

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);