jmood

I feel like I'm bombarding the site with questions - I apologize!

In the instructions sheet for I-485, Line 10.Who is Not Eligible to Adjust Status ... you are not eligible to adjust status if
(D)Your authorized stay expired before you filed this application
(K)You were admitted under the visa waiver,... unless you are an immediate relative of a US citizen

Both clause D and K apply to me. I do understand that regardless of my current status, I CAN apply for an AOS.

So is it just that the instructions sheet for the I-485 was written badly and they forgot to put the "exceptions" for clause D, or am I missing something?

Thank you.

Ray

Try reading who IS eligble instead

jmood

Yes, I just re-read who is eleigibel (again from the instructions of the form) and none of them apply to me (spouse of a USC, who is already in the US). Points 1 to 8. So what am I missing with the instructions to form I-485?

Poppy girl

http://www.visajourney.com/forums/in...howtopic=36477

Folinskyinla

Hi:

This is in the marriage based forum. The syntax of your question is somewhat confusing. It seems to say that you are not married to a US citizen living in the US. OK, how do you qualify? Is your wife a lawful permanent resident? Or are you "following to join" her in the US?

jmood

Thank you!

jmood

Sorry - yes I am already in the US and yes, I got married to a USC within my 90 days of visa waiver period. The issue is that NOW I have overstayed and still not submitted any paperwork!

trillium13

What ya waiting for?

Seriously, you shouldn't wait. Get to it.

Rete

What the instructions do not say was that in the past if you married a Yank, you overstay was forgiven and you were allowed to adjust status.

However, it must be noted that of late it appears that something new has entered the equation and that is someone was denied because they filed after their length of stay time limit had expired.

Since you are already out of status, might was well file. Or return home and go the I-130 adjudicated abroad approach for the Immediate Relative Visa.

Just Jenney

Just to add that if you leave the US now, after overstaying 60-some days, you won't face a ban BUT you won't be able to use the VWP ever again. So if you take the approach quoted above, you'll have to either wait until the spousal visa comes through (8-10 months, I believe) OR apply for a B2 tourist visa if you plan to come back to the US. Or, your spouse could visit you in the UK...

~ Jenney

jmood

You've all been asking why I haven't yet applied. Well I ask that question to myself too and hate myself for it, and the answer seems like blah blah blah. BUT, right after we got married my husband got laid off and even though he was to remain on payroll for another month, he refused out of principal to let me use that employer as his employer for the forms - and that even thhough we already had the letter needed from their HR and my lawyer said technicall it was OK. So that stalled me thinking how to go about next. Right after that a close family memeber of his was unexpectedly diagnosed with a brain tumor, had emergency surgery and got a very poor prognosis. He had to fly out of state to be with her for a week and is still distraught. That incident delayed our moving apartment - which we now have done 3 weeks ago and since then trying to sort through the ceiling high boxes to make it livable. Meanwhile he started a new job as a contractor, so I have something to put onto the forms.
So that's my story of why I am now SO MISERABLY out of status for 60 days whilst I went to great pains over the last 3 years to NEVER be so...

Just Jenney

Umm, your lawyer said it was ok to use a letter from your husband's former employer as supporting documentation of his current income for his I-864 affidavit of support? Principle or not, I think I'd go with your husband on this one.

~ Jenney

Rete

The attorney's advice is good. He is still currently working and drawing his salary from that employer. It doesn't matter that he is leaving in a month. If he were retiring the advice would be the same. The I-864 needs to be factual as of the moment of filing. They will be given the opportunity to amend the I-864 at the time of the AOS interview.

Just Jenney

But she hasn't filed yet. She said her husband was laid off "right after" they married, and that he's already got a new job which she said he'd be using for the I-864.

~ Jenney

Rete

Foolish people ... thanks J