Hi,
My hu*****and's I485 (EB1-a) just got approved, and we were married last year, before the I485 approval. We now want to submit the I485 for me. I heard that we can do that as long as the marriage occured before my hu*****and's I485 approval. Now, what category is my I485 in. Specifically, part 2 of the I485 form, in the first page, what should we choose in the following two options:
a. an immigrant petition giving me an immediately available immigrant visa number has been approved......
or
b. my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allow derivative status for spouse and children.
It looks like if it's "a", then we need to send the application to the Chicago lock box address. If it's "b", we need to send it to the Nebraska service center (we liver in california).
In our first attempt, we interpreted that it is "b", and submitted the I485 to chicago address. But now we got the rejected application back, saying that the priority date could not be established, and the following documents may be provided: I-130, I-360, or I-797 showing that either I-130 or I-360 has already been filed. It does not seem to us that either I-130 or I-360 is relevant.
So should we choose the category "a" in I-485, and send the application to Nebraska?
Please help calarify for us if you know the answer. Thanks a lot.