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Form I-485, Part 2 (Application Type) help!

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  • Form I-485, Part 2 (Application Type) help!

    OK so I'm trying to fill out I-485 since my priority date has come up but I have NOT received a I-797 telling me that the original visa petition has been sent to the Department of State National Visa Center.

    HOWEVER reading the I-485 instructions I see this:

    Code:
    Who May File From I-485?
    1. Based on immigrant petition, You may apply to adjust your status if:
    !. An immigrant visa number is immediately available to you based on an apporved immigrant petition;
    I have a 797C notifying me that my petition is approved but not eligible to apply for adjustment at that time but since my priority is now current I am eligible. BUT reading more of the instructions I see this:

    Code:
    12. Evidence of eligibility
    A. Based on an immigrant petition: Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you...
    What is this? All I have is the I-797C Notice of Action saying my petition is approved but not eligible to adjust yet.

    So on the application here is Par 2:

    Code:
    Part 2. Application Type (Check one)
    I am applying for an adjustment to permanent resident status because:
    a. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
    I think this is the box I need to check but I have NO copy of an approval notice letting me know that an immediately available immigrant visa number has been approved.

    Please help I want to mail this out as soon as possible!
    Last edited by vandiced; 08-30-2010, 09:50 AM.

  • #2
    If you are living in US, you don't get anything form USCIS or NVC. I can answer all your questions provided I know more about your case. Once your PD is current, that means a visa number is available to you. Once you file your forms, make sure you include a copy of your I-797 approval notice. Part 2a is what you check on the form.
    Good Luck

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    • #3
      Thank you so much, in my haste I also posted another more detailed post here which you replied to

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