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Should i answer Yes or No, i-485 part 2, need help asap

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  • Should i answer Yes or No, i-485 part 2, need help asap

    For the form i-485, I want to know if i need to select YES or NO to question 2 Part 2 Page 3 ->( Question - Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i) )

    MY STATUS
    -- Came on F1 in Jan 2014

    -- No longer currently enrolled in school and F1 expired Dec 2015 ( which obviously makes me out of status)
    Married Apr 2017

    -- Now planning to apply for AOS this month Dec 2017

    If i am supposed to tick yes, does that mean i have to fill the Supplement A form to I-485 and pay $1000 required for the supplement A form

    I have a huge dilemma picking one and i need to submit my application ASAP this month.

    Should i answer YES or NO, and what does selecting NO really mean to immigration

  • #2
    No, you are not applying under INA 245(i), which doesn't apply to you. INA 245(i) is for people who are not otherwise eligible for Adjustment of Status (e.g. due to illegal entry) who were the beneficiaries of a petition filed before 2001.

    You are married to a US citizen, right? If so, you are already eligible for Adjustment of Status. (Plus, you were not the beneficiary of a petition filed before 2001.) Check "No" for the 245(i) question. Do NOT file Supplement A.

    Make sure you check "Yes" for Part 8 #17. For the statement just factually state that you stopped going to school on a certain date. No further explanation is needed and it will not affect your application.

    This is my personal opinion and is not to be construed as legal advice.

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