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This is my first post, and I just want to say this is a great forum with tons of information. My wife and I are trying to go through the process ourselves because we cannot really afford a lawyer at this time.
My story is this, I am a US citizen, and my wife came to the country about 4 years ago EWI. We got married about 2 years ago. Well it turns out that her mother, also in the country, had an I-140 filed for her in 2000. She was therefore eligible for AOS under 245i. Her petition was approved and she recently received her green card. At the time the I- 140 was filed, my wife was under 21 so she qualifies as a derivative beneficiary to 245i, correct?
Now, this is the part that is confusing me. We spoke to an attorney, and he said that she (my wife) had to prove she was in the country in Dec. 2000. He said we were out of luck because she didn't enter the country until 2005. However, I read that only the primary beneficiary of 245i had to prove their presence. Their spouse and children who were under 21 at the time do not.
I even mentioned that to the lawyer, and he said no, everyone has to prove they were present. Did he make a mistake?
Now, I'm looking at filling the forms out myself, and everything seems fairly straight forward, except on the supplement A to form I-485. I do not see a box to indicate that my wife is eligible for 245i as a derivative beneficiary and is not the primary, thus showing she does not have to provide evidence of being in the country.
Sorry for the long post, but I would appreciate any information! Thanks!
My story is this, I am a US citizen, and my wife came to the country about 4 years ago EWI. We got married about 2 years ago. Well it turns out that her mother, also in the country, had an I-140 filed for her in 2000. She was therefore eligible for AOS under 245i. Her petition was approved and she recently received her green card. At the time the I- 140 was filed, my wife was under 21 so she qualifies as a derivative beneficiary to 245i, correct?
Now, this is the part that is confusing me. We spoke to an attorney, and he said that she (my wife) had to prove she was in the country in Dec. 2000. He said we were out of luck because she didn't enter the country until 2005. However, I read that only the primary beneficiary of 245i had to prove their presence. Their spouse and children who were under 21 at the time do not.
I even mentioned that to the lawyer, and he said no, everyone has to prove they were present. Did he make a mistake?
Now, I'm looking at filling the forms out myself, and everything seems fairly straight forward, except on the supplement A to form I-485. I do not see a box to indicate that my wife is eligible for 245i as a derivative beneficiary and is not the primary, thus showing she does not have to provide evidence of being in the country.
Sorry for the long post, but I would appreciate any information! Thanks!
