trinikisses

Hello Everyone, I am filling out my I-485 form and I’m not sure how exactly to answer the question about my current USCIS status. I am married to a USC and I am out of status; so do I just answer “out of status or Pending Adjustment of Status or something else? Does it even matter either way? (I came to the US as a child on a vistor visa, which has long been expired.)
Any advice would be great. Thank you.

Folinskyinla

Hi:

It pays to remember that the I-485 is a multi-use form which applies to applications for permanent residence on ALL different categories. If you are applying based upon marriage to a US citizen, your status generally doesn't matter as long as you were "inspected and admitted."

You will be providing proof of entry anyways -- so the answer in your case is in the no harm no foul category.

For years I would put something like "B-2 overstay" or some such. Then when CIS started electronic filing of some forms [such as the I-765], I noted that THEIR software allowed only for the type of ADMISSON or the fact of entry without admission [aka "EWI" in immigration jargon]. Taking the hint -- I now just put in "B-2" for cases like yours.

JEff

tk,

If you are just now filling out your I-485 and have not yet submitted
it, then you are not yet pending adjustment?

Regards, JEff

trinikisses wrote:
    > Hello Everyone, I am filling out my I-485 form and I'm not sure how
    > exactly to answer the question about my current USCIS status. I am
    > married to a USC and I am out of status; so do I just answer "out of
    > status or Pending Adjustment of Status or something else? Does it even
    > matter either way? (I came to the US as a child on a vistor visa, which
    > has long been expired.)
    > Any advice would be great. Thank you.
    >
    > --
    > Posted via http://britishexpats.com

snowbunny

If she came as a child, though.... OP, do you have the original visa still?

trinikisses

I came to the US on a B-2 vistor visa when I was a child ( long been expired), I still have my I-94.

Thanks for the input your guys

Blank

I think the correct answer here should be "out of status". Puting down "B-2"
would be untruthful
.
"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected] m...
    >> Hello Everyone, I am filling out my I-485 form and I�?Tm not sure how
    >> exactly to answer the question about my current USCIS status. I am
    >> married to a USC and I am out of status; so do I just answer �?oout of
    >> status or Pending Adjustment of Status or something else? Does it even
    >> matter either way? (I came to the US as a child on a vistor visa,
    >> which has long been expired.)
    >> Any advice would be great. Thank you.
    > Hi:
    > It pays to remember that the I-485 is a multi-use form which applies to
    > applications for permanent residence on ALL different categories. If
    > you are applying based upon marriage to a US citizen, your status
    > generally doesn't matter as long as you were "inspected and admitted."
    > You will be providing proof of entry anyways -- so the answer in your
    > case is in the no harm no foul category.
    > For years I would put something like "B-2 overstay" or some such. Then
    > when CIS started electronic filing of some forms [such as the I-765], I
    > noted that THEIR software allowed only for the type of ADMISSON or the
    > fact of entry without admission [aka "EWI" in immigration jargon].
    > Taking the hint -- I now just put in "B-2" for cases like yours.
    > --
    > Certified Specialist
    > Immigration & Nat. Law
    > Cal. Bar Board of Legal Specialization
    > Posted via http://britishexpats.com

Folinskyinla

Hi:

The forms also ask for expiry date AND one usually puts a copy of the I-94 with it. Please note that the it is the **CIS** which uses the convention of entry status, whether or expired or not, when making an on-line application.

However, this is a "no harm no foul" type of answer.