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I-485 help, current status/application type.

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  • I-485 help, current status/application type.

    Hello!

    I entered the US under VWP from Denmark, January of 2015, and got married in May of 2015. My wife is an American citizen and she filed for I-130 in late May which got accepted in June or July of 2015. Since then we've been saving money and for the ~$1300 I-485 fee's including doctor's appointment. Now that we finally have our financial situation worked out and can afford to pay for the fees for I-485.

    We're looking at the I-485 papers and we don't even know what to answer under "Current USCIS status" for me as well as "Application Type".

    Any insight or help would be very helpful, thanks a lot!

  • #2
    Originally posted by bnsbless View Post
    Hello!

    I entered the US under VWP from Denmark, January of 2015, and got married in May of 2015. My wife is an American citizen and she filed for I-130 in late May which got accepted in June or July of 2015. Since then we've been saving money and for the ~$1300 I-485 fee's including doctor's appointment. Now that we finally have our financial situation worked out and can afford to pay for the fees for I-485.

    We're looking at the I-485 papers and we don't even know what to answer under "Current USCIS status" for me as well as "Application Type".

    Any insight or help would be very helpful, thanks a lot!
    Current status I think is still visitor - under visa waiver program. Not sure you could put anything else really.
    As for application type it is the first option (a) giving you an immediate visa number as you apply as an immediate relative of a US citizen (your spouse).

    As a side note do a little research on the submission of the I-485 as you will be applying well beyond the 90 days you are permitted under normal circumstances to stay. You married well after that date too (arrived Jan, married in May). Also entering under the vwp be ready to answer questions on your intentions when you first arrived (basically did you enter with the intention to marry and adjust).

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    • #3
      Originally posted by WhoDaDaddy View Post
      Current status I think is still visitor - under visa waiver program. Not sure you could put anything else really.
      As for application type it is the first option (a) giving you an immediate visa number as you apply as an immediate relative of a US citizen (your spouse).

      As a side note do a little research on the submission of the I-485 as you will be applying well beyond the 90 days you are permitted under normal circumstances to stay. You married well after that date too (arrived Jan, married in May). Also entering under the vwp be ready to answer questions on your intentions when you first arrived (basically did you enter with the intention to marry and adjust).
      Thank you for your reply. What would you advise me to put under Expires On (date) beside Current USCIS Status? Should I just put 90 days after I arrived in 2015 or some other date?

      I appreciate any help, thanks again!
      Last edited by bnsbless; 04-11-2016, 08:21 AM. Reason: Clarification

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      • #4
        Originally posted by bnsbless View Post
        Thank you for your reply. What would you advise me to put under Expires On (date) beside Current USCIS Status? Should I just put 90 days after I arrived in 2015 or some other date?

        I appreciate any help, thanks again!
        You should calculate from the date you were admitted in to the U.S up till 90 days. Your legal stay expires after 90 days since you must have use ESTA. I am not sure if visitors on Esta get an i.94 when they arrive, if they do then the admitted till date on the 1-94 will be the date your legal stay expired.

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