I 485 AOS - Part 2 - Application Type or filing category

[RSCout]

In AOS in section 2

Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245 (i).

My Fiance came through K1 visa and she is adjusting the status being in the US. So, should I say YES or NO. I saw one video a Filipino has posted saying NO. Another Filipino video in Youtube says YES. I am confused. We want to make sure we do not do any mistakes.

Any ideas?

Thanks in advance

[newacct]

No.

245(i) is only for people who are not normally eligible for AOS because they entered illegally or were out of status, and they were the beneficiary of an immigrant petition filed before 2001, in which case they can still do AOS by filing an additional supplement and paying an additional fee. This does not apply to your fiance. 1) She was probably not the beneficiary of a petition filed before 2001, and 2) She entered legally and she is eligible for AOS directly already, and this is true even if she is out of status.