Can I file I-485 instead of DS-230?

[cmme]

I am currently living in the US and filied I-130 many years ago through my USC sister. I have paid the visa fees as was requested and now I have received paperwork to file DS-230 and Affadavit of Support for my sponsor (sister), however my application dates qualify under I-245 (LIFE). Can I file the I-485 (& EAD) instead of the DS-230 so that I do not have to leave the country for interview? I would like to Adjust my status here, how would I proceed?

[lewkhast]

You would have consulted a lawyer before you made any payment with the National Visa Center ($400 IV Fee & $70 AOS Fee) as you shouldn't paid those and wasted a good money and you would be filing for Adjusment of Status and not thru Consular Processing. Paying the $400 & $70 is for only those who would be going thru Consular Processing.

I'm sure you've received the "Choice of Address & Agent" from and submitted that back to NVC. And next you received the Application Fee Bill Invoice which asked you to pay the $400. I understand that you are already here in the US and would be processing via Adjustment of Status thru US CIS and not Consular Processing (assuming you came here in the US before Dec 21, 2000). Your next step would have been notifying and sending a letter to NVC that " ... you will be filing Adjusment of Status thru the USCIS under the provision of 245(i)". When mailing NVC, make sure to state your:

Name of Principal Applicant
Principal Applicant’s Date of Birth
Name of Petitioner
Petitioner’s Date of Birth
Case Number Case #

The best thing you can do, if you're not sure, is to call the National Visa Center and let them know your case and they will instruct you what todo.

Your next step would be reviewing the forms you need to file to USCIS once you your application becomes "current" with the from the National Visa Center and received the Notice of Approval. Base on what I collected, the forms needed are (check again with the USCIS Website if you need anything else)

1. Form I-485 Application to Register Permanent Residence
2. Form I-485A Supplement A to Form 1-485 AOS Under 245i
3. Form I-864 Affidavit of Support Form (review this very well)
4. Form G-325A Biographic Information
5. Form I-765 Application for Employment Authorization
6. Form I-693 Report of Medical Examination and Vaccination Record

Fee: Personal Check Payment in the amount of $2,010.00
Breakdown of fee’s as follows :
$980.00 filling fee for I-485
$80.00 filling fee for G-325A
$1,000.00 Penalty Fee I-485 Supplement A Form

I have the same case as yours, prepared the followed the procedure I listed above and just waiting for my priority date to become current and then I'll file with the USCIS. Good luck to you!