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LEV
LEV, Retired
Category: Legal
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor law
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I need help filing for adjustment of status.

Customer Question

I need help filing for adjustment of status. I entered the USA on a k3 visa.

In the form I-485 i am asked for social security number, i do not have this as yet, is it ok?
Part 2 asks for application type. I entered the US on a k3 visa, what option should i use?
Part 3 asks for non-immigrant visa number, where do i find this on the visa?
In part 3, processing information they ask if i have ever filed for permanent residence. What is the status? My husband had filed the I-130 which is already approved but pending. Is this related to the question in the form?

Filing I-765 number 16.
It asks to put in eligibility categories. I do not know what to put here.

Where do i file these papers and what is the fee?
Submitted: 9 years ago.
Category: Legal
Expert:  LEV replied 9 years ago.

Form I-485 Application to Register Permanent Residence or Adjust Status - http://www.uscis.gov/files/form/i-485.pdf

In the form I-485 i am asked for social security number, i do not have this as yet, is it ok?

According to instructions to the form 485 - http://www.uscis.gov/files/form/i-485instr.pdf - Answer all questions fully and accurately. State that anitem is not applicable with "N/A." If the answer is none,write "none."

Part 2 asks for application type. I entered the US on a k3 visa, what option should i use?

You likely have the approval notice that gives you an immediately available visa number - if so you need to use (a)

Part 3 asks for non-immigrant visa number, where do i find this on the visa?

Visa Number should be on the approval notice for an immigrant petition (I-130).

In part 3, processing information they ask if i have ever filed for permanent residence. What is the status? My husband had filed the I-130 which is already approved but pending. Is this related to the question in the form?

That related to situation if you filed a petition before - it is not related to your current application. Your answer will likely be "No"

Filing I-765 number 16. It asks to put in eligibility categories. I do not know what to put here.

K-3 Nonimmigrant Spouse of U.S. Citizen orK-4 Dependent--(a)(9). File your EAD applicationalong with evidence of your admission such as copiesof your Form I-94, passport, and K visa. - page 4 instructions.

The filing fee for a Form I-485 is $930.00. An additional biometric fee of $80.00 is required when filingthis Form I-485. After you submit Form I-485, USCIS will notify you about when and where to go for biometric services.

The filing fee for Form I-765 is $340.00.

As you live in Massachusetts - send your application to theTexas Service Center:
USCISTexas Service CenterP.O. Box 852211Mesquite, TXNNN-NN-NNNN/p>

LEV and other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Some Additional questions on your answers that are still confusing me.

1) In the form I-485 i am asked for social security number, i do not have this as yet, is it ok?
I did not mean to ask you the Direction of how to fill the form. What I meant to ask was, If its okay to apply for Adjustment of Status w/o having SOS #?

2)I-485 Part 3 asks for non-immigrant visa number, where do i find this on the visa?
You said I would find it on Approval Notice on Immigration Petition (I-130), I do not have any kind of Number on I-797 (approval notice) of (I-130)
I entered U.S with an Approved I-129F? I have a 2 year US Visa Stamped on my Passport.
Please look into this.

3)In part 3, processing information they ask if i have ever filed for permanent residence. What is the status?
My husband had filed the I-130 which is already approved but pending. Is this related to the question in the form?
You said my answer should likely be "NO"
My Husband had filed Both I-129F & I-130. Both were approved but I came to US on K3 visa while I-130 is still pending? Is my answer is "No"
Please Verify
Expert:  LEV replied 9 years ago.

As the child is a qualified child for you - the child would qualify you for the head of household status - whether or not you can claim an exemption for the person. - see page 7 in pub 501 - http://www.irs.gov/pub/irs-pdf/p501.pdf

You may confirm that information by calling IRS at 1-800-829-1040

Customer: replied 9 years ago.
I think you wrote the wrong answers to my questions.
Expert:  LEV replied 9 years ago.

Sorry - somehow I misplaced answers.

1) In the form I-485 i am asked for social security number, i do not have this as yet, is it ok?
I did not mean to ask you the Direction of how to fill the form. What I meant to ask was, If its okay to apply for Adjustment of Status w/o having SOS #?

Yes - it is OK. As you do not have SSN - you need to write NONE

2)I-485 Part 3 asks for non-immigrant visa number, where do i find this on the visa?
You said I would find it on Approval Notice on Immigration Petition (I-130), I do not have any kind of Number on I-797 (approval notice) of (I-130)
I entered U.S with an Approved I-129F? I have a 2 year US Visa Stamped on my Passport.
Please look into this.

That was my mistake. The non-immigrant visa number locates on the visa stamp in your passport. There are two numbers - the black number is XXXXX a "control number" and is not relevant for you. Look for the red number. Here is a sample. - http://www.immihelp.com/visas/sample-usa-non-immigrant-visa.html

3)In part 3, processing information they ask if i have ever filed for permanent residence. What is the status?
My husband had filed the I-130 which is already approved but pending. Is this related to the question in the form?
You said my answer should likely be "NO"
My Husband had filed Both I-129F & I-130. Both were approved but I came to US on K3 visa while I-130 is still pending? Is my answer is "No
"

You are applying for adjustment of status based on current I-130 petition. The question is related to situations if you PREVIOUSLY applied for permanent resident status.

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