My (now) wife entered the country in 2009 on a B2 Visa. We married and then left the country 5 days after we married on her scheduled departure date. We planned to stay out of the country for at least 3 years. In Dec 2010, I returned to the US because my father had a stroke and needed someone to take care of him. My wife followed in January on the same 10 year B2 visa. My father will need extended care that I have volunteered to do. I want to change my wife's status and obtain a "green card" for her so she can stay with me. I am completing the I-485 and I am not sure what box to check in Part 2 other than "Other." Is that correct? And, if so, what is the basis of eligibility?
I am not allowed to answer specific questions on how to answer forms as this is against my malpractice insurance. I suggest that you do not attempt to fill in or file your case without consulting with a competent immigration attorney in your area. You need to assess risks and eligibility. Filling in forms is about 5% of the process so please do not attempt to file without guidance!
An attorney cannot advise you how to fill out the forms without being retained and knowing more information. While it may not seem that complicated to complete the I485 and related necessary forms, there are several tricky aspects. One mistake can lead to long delays in processing and even denial. I encourage you to retain an attorney to help you with the process to ensure smooth processing. I offer free phone consultations.
Is your wife in the country now? If not, you have the option of filing a spousal petition to possibly get her into the country faster and then you can adjust status while she is in the country. If you are unsure about how to go about completing the forms, you should speak with an immigration attorney.
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