Change of status from I-94W

[mcsowb 0]

My wife and I were married abroad in Nov. 2005. We came to the US together in late March 2006. I entered as a Visitor on the Visa Waiver Program (I-94W). Initially we were planning to leave within 3 months and work abroad, which is why we did not apply for a spousal visa before we arrived. However, we then decided to stay in the US and were advised by the Immigration Officer at port of entry that we should begin the process immediately. Therefore, within two weeks we applied for the I-130 and received a receipt saying we would receive a visa number in 150-999 days. We are now about to submit the I-485 to adjust my status. I also intend to apply for the I-765 to work legally. My question is - will it be possible to change the status from my I-94W? And if so, will I have to leave the US? I no longer have a residence abroad (we are both aid workers and could be based anywhere in the world, including the US). We've been given conflicting information and did not receive a great deal of assistance from the USCIS office in Albany. The USCIS web site also does not clearly describe the procedures for our particular case. I am sure we are not the only ones in this situation.

Thanks for any advice you could provide.

[Yodrak 7]

mcsowb,

Are we clear that I-94W is not a status, that your status in the USA at this point is visitor? It is possible to change your status from visitor to some other non-immigrant status - use form I-539.

But why do you want to change status? You say that you plan to submit an I-485 application to adjust status. Are you asking if it's possible for you to submit the I-485 application in your circumstances or if it's possible for an I-485 application to be approved in your circumstances?

Yodrak

My wife and I were married abroad in Nov. 2005. We came to the US together in late March 2006. I entered as a Visitor on the Visa Waiver Program (I-94W). Initially we were planning to leave within 3 months and work abroad, which is why we did not apply for a spousal visa before we arrived. However, we then decided to stay in the US and were advised by the Immigration Officer at port of entry that we should begin the process immediately. Therefore, within two weeks we applied for the I-130 and received a receipt saying we would receive a visa number in 150-999 days. We are now about to submit the I-485 to adjust my status. I also intend to apply for the I-765 to work legally. My question is - will it be possible to change the status from my I-94W? And if so, will I have to leave the US? I no longer have a residence abroad (we are both aid workers and could be based anywhere in the world, including the US). We've been given conflicting information and did not receive a great deal of assistance from the USCIS office in Albany. The USCIS web site also does not clearly describe the procedures for our particular case. I am sure we are not the only ones in this situation.

Thanks for any advice you could provide.

[meauxna 15]

My wife and I were married abroad in Nov. 2005. We came to the US together in late March 2006. I entered as a Visitor on the Visa Waiver Program (I-94W). Initially we were planning to leave within 3 months and work abroad, which is why we did not apply for a spousal visa before we arrived. However, we then decided to stay in the US and were advised by the Immigration Officer at port of entry that we should begin the process immediately. Therefore, within two weeks we applied for the I-130 and received a receipt saying we would receive a visa number in 150-999 days. We are now about to submit the I-485 to adjust my status. I also intend to apply for the I-765 to work legally. My question is - will it be possible to change the status from my I-94W? And if so, will I have to leave the US? I no longer have a residence abroad (we are both aid workers and could be based anywhere in the world, including the US). We've been given conflicting information and did not receive a great deal of assistance from the USCIS office in Albany. The USCIS web site also does not clearly describe the procedures for our particular case. I am sure we are not the only ones in this situation.

Thanks for any advice you could provide.

Stop going to the immigration office for information. It's barely a 50/50 chance that you'll get accurate information.

You made a mis-step; your I-130, I-485, I-765 and I-131 could've been filed concurrently to the Chicago Lockbox. I don't know what you do about retrieving your I-130; you may want to write off the $200 and start over.

The USCIS site does describe your situation, you just have the terminology wrong (tho if you are using the How Do I section, it gets you here many different ways...)

How Do I Become a Lawful Permanent Resident While in the United States?

http://www.uscis.gov/graphics/howdoi/legpermres.htm

In internet shorthand, the process is called AOS/Adjustment of Status. (Change of Status is something else, which is what Yodrak's post is partly about).

You should look here as well; much help with the particulars of the forms and where to file. ALWAYS check the uscis.gov site for current instructions and fees--the forms will likely be wrong.

http://www.visajourney.com/forums/index.ph...tom&page=guides

US Citizen and Spouse both live/reside in the US:

-----o The I-130 Petition and Adjustment of Status

http://www.visajourney.com/forums/index.ph...page=i130guide2

Your goal should be to become a Permanent Resident/get a Green Card. This is the result:

Now That You Are A Permanent Resident

http://www.uscis.gov/graphics/howdoi/PermRes.htm

Tread carefully and check with previous success stories before you mail anything off. You've lost some time, but can get back on track shortly with some study.

Best wishes!