Life-Act Question

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Old Feb 12th 2001, 6:07 pm
  #1  
daddyminkie
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Regarding the Life-Act, does it apply to me? I entered the U.S legally under F-1 visa.
However, I'm certain I won't be able to do the "Adjustment of Status (based on Marriage)"
until May. By then the Life-Act will expire. By the way, I'll be out-of-status come
mid-March. Will I still be able to file for AOS even if I'm out of status?

Another Question: When i do the AOS, will they need my I-20? I think i lost it already,
but i still have the I-94 stapled in my passport.

Thanks for the help.

A.W
 
Old Feb 12th 2001, 6:33 pm
  #2  
Andy Platt
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> Regarding the Life-Act, does it apply to me? I entered the U.S legally
under
> F-1 visa. However, I'm certain I won't be able to do the "Adjustment of
Status
> (based on Marriage)" until May. By then the Life-Act will expire. By the
way,
> I'll be out-of-status come mid-March. Will I still be able to file for
AOS
> even if I'm out of status?

It doesn't apply to you if you are marrying a US citizen because you entered legally.
Immigration law allows spouses of US citizens to adjust status even if they are out of
status without involving 245(i).

> Another Question: When i do the AOS, will they need my I-20? I think i
lost it
> already, but i still have the I-94 stapled in my passport.

It's not asked for with the AOS paperwork but it might be something they would want to see
at the interview.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Feb 12th 2001, 11:51 pm
  #3  
Alvena Ferreira
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DaddyMinkie wrote:
> Regarding the Life-Act, does it apply to me? I entered the U.S legally under F-1
> visa. However, I'm certain I won't be able to do the "Adjustment of Status (based on
> Marriage)" until May. By then the Life-Act will expire. By the way, I'll be
> out-of-status come mid-March. Will I still be able to file for AOS even if I'm out
> of status?
>
IF your fiance is a US citizen, you can file adjustment of status (including work
authorization) even if you are currently out of status...however if your fiance is only a
US resident and NOT a citizen, your resident spouse would have to file an I-130 prior to
4/30/01 under 245i in order to stay in the US, and would NOT have work authorization.

> Another Question: When i do the AOS, will they need my I-20? I think i lost it already,
> but i still have the I-94 stapled in my passport.
>
the I-94 should be sufficient.

alvena my life act pages: http://www2.apex.net/users/thehydes/245i.html
 

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