I-131 Form??

[felipe2121 0]

Ok so I am about to be ready to send my packet and I am wondering if I should submit my I-131 or not the main reason being

I dont know if it will get approved here is why:

I came here on a Visa Waiver(German Citizen), and was told by a "Attorney" that I could change my status to a student however this was denied, after getting denied I decided to marry my girlfriend.

I am doing the whole AOS process and was just wondering if it is a dead end to submit the I-131 or if there is a good chance of it getting approved.

Thanks

[felipe2121 0]

Ok so I am about to be ready to send my packet and I am wondering if I should submit my I-131 or not the main reason being

I dont know if it will get approved here is why:

I came here on a Visa Waiver(German Citizen), and was told by a "Attorney" that I could change my status to a student however this was denied, after getting denied I decided to marry my girlfriend.

I am doing the whole AOS process and was just wondering if it is a dead end to submit the I-131 or if there is a good chance of it getting approved.

Thanks

Help would be greatly appreciated, Happy Thanksgiving

[HeatDeath 430]

An advance parole document is only of use if you intend to leave and re-enter the US during the adjudication of the I-485. However, if you have accrued more than 180 days between the end of your last period of authorized stay and the filing of the AOS, you will automatically incur a 3 year bar if you leave the US. An advance parole will not let you back in if you have accrued too much out-of-status time.

I don't know how long a VWP entry is good for, but if more than 180 days have passed since the end of your valid stay, DO NOT, IN THE NAME OF ALL THAT IS HOLY, leave the country!

On the other hand, the I-131 is a dead easy form to fill out, following the example form here. And it doesn't cost you anything to file it if you file it with your AOS. So why not?

Just be aware that if you have been out of status long enough to incur a bar upon attempted reentry, the AP won't do a thing for you.

[felipe2121 0]

An advance parole document is only of use if you intend to leave and re-enter the US during the adjudication of the I-485. However, if you have accrued more than 180 days between the end of your last period of authorized stay and the filing of the AOS, you will automatically incur a 3 year bar if you leave the US. An advance parole will not let you back in if you have accrued too much out-of-status time.

I don't know how long a VWP entry is good for, but if more than 180 days have passed since the end of your valid stay, DO NOT, IN THE NAME OF ALL THAT IS HOLY, leave the country!

On the other hand, the I-131 is a dead easy form to fill out, following the example form here. And it doesn't cost you anything to file it if you file it with your AOS. So why not?

Just be aware that if you have been out of status long enough to incur a bar upon attempted reentry, the AP won't do a thing for you.

So there is no cost to filling it? with the AOS? I though it was like 300 or something??....I havent been for more than 180 days so I should be good right?

[HeatDeath 430]

From the USCIS website, on the instructions for the I-485

Special Instructions :

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.

Edited November 27, 2009 by HeatDeath

[rebeccajo 14]

Moving to Adjustment of Status from Other Visa Types - where hopefully the OP will get enough reinforcement that he shouldn't leave the US.

[FortLaudy 10]

Ok, so you have to answer a few questions to get the help you need.

On what type of visa status are you currently? being married to a US citizen while legally "out of status" doesn't guarantee that you'll be able to stay as far as I know..

Why did you get denied an F1 visa? If it's for financial reasons, make sure your wife can be your legal "sponsor" as per the Affidavit of support you'll have to submit with the I-485... or you'll need a co-sponsor.

Depending on your current status, I-130 is irrelevant to your case unless you're filing it concurrently with or after you've filed the

I-130 (Relative petition to be filed for you By your wife, after the marriage takes place) and

I-485 to adjust your status to resident.