Pending I 485 Sponsored by parents

[JimVaPhuong 4,863]

Thanks for reply. She is from India and her Priority date is Nov 2005. we do not mind waiting for few months , but our worry is that it might be fraud for not informing USCIS about our marriage. Since her parents sponsored based on her unmarried child status and now since she got married we are worried that while I 485 becomes invalid now. If want to inform the uscis, what is the best way them about our marriage ?

Thanks

She's no longer eligible for adjustment of status in the F1 visa category because she's MARRIED. Her visa category is now F3, and the current cutoff date is December 1, 2001 for India. Getting married moved her back in line by three years.

Her parents should withdraw their I-485, and you should submit a new I-130 and I-485 for her.

[aleful 1,905]

Thanks for reply. She is from India and her Priority date is Nov 2005. we do not mind waiting for few months , but our worry is that it might be fraud for not informing USCIS about our marriage. Since her parents sponsored based on her unmarried child status and now since she got married we are worried that while I 485 becomes invalid now. If want to inform the uscis, what is the best way them about our marriage ?

Thanks

wait a minute, she is no longer an F1 since she married you, you cannot go by that priority date anymore. she is no longer unmarried, now her petiiton needs to go by F3, married child of a USC. immigraion is currently working on 2001. immigration doesn't know yet that she has married, but when the parent's do let them know, she will officially change category to F3.

and another thing is that she was never elegible to adjust status unless, she has been legally in the country. did she come on a student visa? why was do they think that she could adjust status, it doesn't look like she was adjusting under the 245i law, because children over 21 cannot adjust status in country, unless they maintain legal status at all times or covered under the 245i law.

so file for her as a new petition, the whole adjustment of status packet.

harpa is right on.

[lak 0]

She entered on student visa in 2008 . She filed for I 485 in Dec 2010 and medical exam same time. interview in April 2011. She has been waiting since then. Got married in Dec 2011. I am US citizen. If we need to file I 485 can we postpone medical as she is pregnant now and cannot have TB test. xrays, vaccinations which she did already in Dec2010. since she was already told that her file has been complete and sent to main center what if we do not inform the USCIS about our marriage? Is there any time line to inform USCIS about marriage.

Thanks

[Darnell 8,479]

Suggest you review Post # 16, a bit. Twice, even. Let it sink in. Then formulate a new plan based on what you've read in Post #16.