I-485 Part-2(Application type) for family based GC

[sushmasharma79]

Hi,
My sister married an American citizen and is filing for I-485. We are confused about Application type on Part 2. My sister came here on H1B from India and still is on H1. which option should she choose?

the option b says "My spouse or parent applied for adjustment of status and granted", which is not correct for her as her husband is citizen by birth.

the option c is for K1 or K2 which is also not the case for her.

really appreciate your help on this one.

Thanks,
S.

[bkwld]

You must first file I-130 first or file concurrently with I-485.
so its: "a"

[sushmasharma79]

well, she is filing for I-130 at the same time..

Option A says "An immigration petition giving me an immediately available visa number that has been approved (attach the proof)".

so, if she checks option a, what proof she needs to attach?

Thanks for the reply,
S.

[bkwld]

She need to file I-130 Concurrently.

an immigrant petition giving me an immediately available immigrant visa number 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.)

that means I-130

[sushmasharma79]

thanks for the reply. will choose option a and attached a copy of I-130 .

Thanks again,
S.