Noorah101

If you're really unsure, you can have a one-time consultation with an immigration attorney to put your mind at ease.

Rene

Folinskyinla

Hi:

"Immediate relatives" need not be in status as long as the were "inspected" and "admitted or paroled." As an F-1 married to a US citizen you qualify.

On the "D/S" you are correct that you are "out of status." However, for purposes of the "unlawful presence" clock you will not have accumulated "out of status" TIME for purposes of traveling on advance parole.


As I said, you fit within the CLASSIC instance of whom family adjustment is intended for.

ian-mstm

You are out of status... it doesn't matter. Overstays are forgiven for the spouses of US citizens. We're all giving you the same good information... and even the resident immigration attorney concurs that you *are* able to marry and adjust status without leaving the US. There is nothing stopping you! Do it! You know you want to!

Ian

Brit3964

The old I-485 instruction form used to say that in the event of marriage to a USC, even if out of status and/or engaged in unauthorized employment was forgiven. I notice that language has been removed from the new form.

WiganJoe

Yep and this is why I'm so bloody confused with the process!

meauxna

Joe, what specifically is confusing you? We keep sending you off to read links, or recommending that you consult a lawyer.. how can we help explain it better?

In case you didn't notice, a long-practicing immigration attorney has offered a reassurance more firm than I usually see him make: YOU are the person this was designed for!

You & your USC get married. You are then the Immediate Relative of a USC--front of the line. You are already in the US, and you made a legally inspected entry. Now, an applicant like you might have time out of status, overstay, etc and may have worked without authorization. Those things are routinely forgiven for Immediate Relatives of USCs. HER 'right' to have you with her weighs more than your being tardy.

You file both of your applications together: her petition I-130 + your application to Adjust Status (I-485).
In a few weeks, you go give up fingerprints & a pic.
A few weeks after that you get your work permit and travel document.
A few months after that, you get an interview and Green Card.


If there is something else that you know about in your background but have not posted here, and that thing is worrying you, then you should definitely take a consultation with a lawyer.

meauxna

Links for DIY Adjustment of Status; use these as a study guide and a layman's language version to be used with uscis.gov

Download your forms ONLY from USCIS.gov ; ALWAYS re-check the filing fee and filing address from that download page (not the form) before submitting and from this day forth, keep a copy for yourself of every page you submit to USCIS.

The wiki guide on Adjustment of Status here at BritishExpats.com

this one is put together by a lawyer. And I know that this one is accurate: Guide for Adjusting Status - Including a Concurrent filing of the 1-130

I recommend that you read over the process several times until the lingo sinks in and you see the whole picture clearly. You have a head start with your other research already underway.
Where people do themselves in is reading one form and acting on it instead of seeing how each piece fits together.

WiganJoe

meauxna - that post has definitely cleared things up! I'm pretty sure I see how the process works now so I'll be sure to read those links and get the ball rolling this week.

Thanks for being so patient with my questions

meauxna

You're welcome.

btw, since you had been doing K-1 research.. this AOS is nothing new. All of this is what a K-1 would have to do after arriving in the US and getting married (Adjustment of Status). The one difference is that instead of a K-1 visa, you are going to use an I-130 to establish your relationship.

The K-1 visa would be fore getting you into the US; in your case, you are already in the US.

Maybe that will help you see the overall picture.

ian-mstm

No worries! Sometimes we have to whack the back of a few heads in order for things to sink in... but we like whacking heads on occasion! Good luck... you're in good shape now.

Ian

Folinskyinla

Hi:

I just looked at the instructions on the CIS site two minutes ago -- #10.F.i. specifically notes the immediate relative exception for violation of non-immigrant status. However, I note that the organization is somewhat confusing that it might suggest that violations of non-immigrant status such as overstay or unauthorized employment are separate grounds of ineligibility.

What one might want to do is look at the Immigration & Nationality Act -- look at section 245(c) -- which will be confusing in itself -- unauthorized employment and overstay and violation of non-immigrant status have the parenthetical exception for immediate relatives. In 1996, some of those grounds were repeated without the parentheses -- former INS decided that it had to be read as a whole.

To OP -- you CAN file -- no problem that you have indicated. You are the CLASSIC person who can adjust and will probably not have even any discretionary problems -- it is quite common for fellow student to fall in love and marry upon graduation.

WiganJoe

Resurrecting this old thread to get a little more help!

After a few hiccups with paperwork on the way, I've finally got my interview set up for July 28th in regards to my I-485. My question is does it normally take this long to issue the EAD card? I've got a couple of job interviews coming up soon so am trying to get a rough idea of when I'd be able to start working.

Cheers

Noorah101

The EAD usually arrives around 90 days after filing AOS....if you have a smooth case. If you received any RFE's, that can prolong receiving the EAD.

Rene

WiganJoe

Gotcha. They did require some additional info on my wife's taxes unfortunately. Everything was filed in mid-April so hopefully we'll have some good news shortly after the interview.

Thanks

Noorah101

Hopefully you'll get approved at the interview, and will have your green card shortly after that....and no need for the EAD.

Rene