AOS by paying $1000 fine?

[gdalicia 1]

My ex sister-in-law is applying for her husband. He has an appt. in January at the local INS office.

She is the beneficiary of a 1992 I-130 filed by her mother who received permanent residence during the amnesty. However, she hasn't been able to adjust status yet due to the long wait for children of permanent residents. She has a work permit, but can't travel.

Meanwhile, she got married and has applied for her husband who entered illegally. She claims that they filed the I-485A for him and paid $1000 and that he will able to adjust status without leaving the US. Can this be true? Will he be grandfathered in under the original petition even though they weren't married at the time it was filed? The original petitioner (my ex mother in law) has since become a citizen but all her kids are still waiting to adjust status. They have been told that it should happen this year.

[Dr_LHA 3]

This is a pretty complex case, a lawyer should be answering these questions.

However it would seem that your ex sister-in-law is not a US citizen, or permenant resident, so I don't see how her husband could get AOS from being married to her. Basically too little and confusing information for anyone to give you a good answer here.

[rebeccajo 14]

I've got my checkbook out if all it takes to get my husband's greencard is $1000.

[gdalicia 1]

I guess the I-485A is used for people (like him) who have been in the US illegally but are eligible to adjust status under 245(i). They pay a $1000 fine. I did some reading online and it seems like he is grandfathered in under the original petition, because it was filed before 2001 and the beneficiary (my sister in law) hasn't adjusted status yet. So even though they weren't married back back in 1992 (the priority date) he can still tack on to the original I-130.

I was just finding it really hard to believe since my husband had to file the I-601 waiver due to illegal presence so why would someone who's not even a permanent resident yet be able to avoid that?

[diadromous mermaid 36]

My ex sister-in-law is applying for her husband. He has an appt. in January at the local INS office.

She is the beneficiary of a 1992 I-130 filed by her mother who received permanent residence during the amnesty. However, she hasn't been able to adjust status yet due to the long wait for children of permanent residents. She has a work permit, but can't travel.

Meanwhile, she got married and has applied for her husband who entered illegally. She claims that they filed the I-485A for him and paid $1000 and that he will able to adjust status without leaving the US. Can this be true? Will he be grandfathered in under the original petition even though they weren't married at the time it was filed? The original petitioner (my ex mother in law) has since become a citizen but all her kids are still waiting to adjust status. They have been told that it should happen this year.

When was the Alien Relative petition filed? An alien wishing to avail himself of Section 245(i) provisions would need to demonstrate that a petition was filed prior to the sunset date in April 2001.

A person who is eligible for permanent residence based on a family relationship or job offer, and who wishes to adjust status to permanent residence without leaving the U.S., could benefit from these provisions. Without Section 245(i), most persons who entered the U.S. without inspection, overstayed an admission, acted in violation of the terms of their status, worked without authorization, entered as a crewman, or were admitted in transit without a visa would not have been eligible to adjust status in the U.S. If an individual is eligible for permanent residence, but not eligible for adjustment of status, that person might still obtain permanent residence by leaving the U.S. and completing the process for an immigrant visa at a U.S. consulate abroad. However, if that individual had been unlawfully present in the U.S. for more than 180 days, he or she would be barred from reentering the U.S. for at least 3 years, and perhaps as long as 10 years. Under Section 245(i), an eligible individual can remain in the U.S. to obtain permanent residence through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.) Thus, it is particularly important that persons who would be subject to the bars not leave the U.S. at all until the adjustment of status process is completed.

http://www.ilrc.org/resources/sijs/faq245.html