General FAQ: Filing for Adjustment of Status

[Hypnos 6,576]

Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status?

Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status?

A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista).

If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending.

Q: On the I-485 part 2, what application type should I select?

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C.

Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed?

A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232

Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file?

A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes.

Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use?

A: C-9.

Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived?

A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived.

Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee?

A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge.

Q: Will I have an adjustment of status interview?

A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road.

If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory.

Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean?

Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong?

A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about.

Q: I have further questions not answered here, where should I post them?

If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Q: Thanks for making this FAQ, Hypnos. You're awesome.

A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.

Edited July 23, 2014 by Kathryn41
to add additional information

[Harpa Timsah 13,258]

[Kathryn41 3,205]

Ongoing General Questions and Answers about the Process of Filing for Adjustment of Status will continue to be added to this thread. If you have a general question, you may post it here. If responding to a general question, please quote the question followed by your answer to avoid confusion.

PLEASE DO NOT USE THIS THREAD TO POST QUESTIONS ABOUT YOUR SPECIFIC CASE. Start a separate thread of your own to ask case specific questions. Any case specific questions will be removed from this thread.

[canadianmeghan 1]

Why is Q1 unanswered?

[Teddy B 17,252]

Why is Q1 unanswered?

It's hard to find good help these days.

It is answered.

[Leo7777 243]

People are always telling others to go here and read this, so I was surprised to find it is not listed here in this thread.

Step-by-Step Guide on How to File AOS packet:

http://www.visajourney.com/content/i130guide2

[pontif 0]

Sorry, posted a specific case question, so I took it off.

Edited March 30, 2015 by pontif

[jn98 1]

On 7/2/2014 at 5:38 PM, Hypnos said:

Q1: An I-130 has been filed already. I'm now inside the US, can I file for adjustment of status?

 

Q2: I was visiting my boyfriend / girlfriend and we spontaneously decided to get married. Can I stay and adjust status?

 

A: Provided you did not lie to CBP at PoE or on any previous visa applications (for example: saying you were visiting on business when in fact you were coming to visit a girlfriend / boyfriend / spouse) then, generally yes. It usually goes to intent. You cannot enter the US on a nonimmigrant visa with the preconceived intent to remain and adjust status, but if you enter the US and then change your mind, or your circumstances change, then adjustment of status is an option.

 

It should be noted that intent alone cannot be used to deny an application for adjustment of status if it is the sole negative factor (see Matter of Battista).

 

If you have already filed an I-130 and are now filing an I-485 on top of it, enclose a copy of the I-130 NOA with your adjustment of status packet. Note that your I-130 does not have to have been approved before you can submit an I-485, you can submit an I-485 even if the I-130 is still only pending.

 

Q: On the I-485 part 2, what application type should I select?

 

A: If you are filing an I-130 and I-485 concurrently (or you have already filed an I-130 and are now filing an I-485 to go with it) you should select Option A, because if you read through the brackets it says "attach a copy of the approval notice, or a relative...visa petition filed with this application." A "relative visa petition" = I-130.

 

If you are adjusting from a K-1 (or K-2) and married on or before the 90th day indicated on your I-94 then you should select Option C.

 

Q: I'm adjusting from a K-1 and already had a medical performed overseas within the past year. Do I need to have another medical performed by a civil-surgeon and get an I-693 completed?

 

A: You may or may not. See Nich-Nick's excellent post which explains if you need to have another medical performed: http://www.visajourn...port/?p=6206232

 

Q: I entered on a K-1 and married within 90 days, but haven't yet filed for adjustment of status. My I-94 has expired, can I still file?

 

A: Yes. When your I-94 expired then your period of authorised stay ended and you became illegally present in the US, incurring overstay. A spouse of a US citizen is an immediate relative though, and as such, overstay does not prevent them from adjusting status. You must only have entered the country legally, not necessarily maintained your nonimmigrant status. As soon as USCIS accept your I-485 for processing then your overstay clocks stops (if you filed after your I-94 expired) and you are placed in a new period of authorised stay which will persist until your I-485 is adjudicated, however long that takes.

 

Q: I'm filing an I-765 with or after my I-485. What eligibility category code should I use?

A: C-9.

 

Q: I didn't apply for an EAD or AP with my initial AoS application, can I still do so? Is the fee still waived?

 

A: Yes, you can. Complete an I-765 and / or an I-131 and include a copy of the receipt NOA for your I-485 showing that you have paid the I-485 fee and the EAD and AP fees will be waived.

 

Q: My I-485 is still pending, but my AP and / or EAD are about to expire. Can I renew them? Do I need to pay a fee?

 

A: Yes. You should file for a replacement AP and / or EAD 120 days before your current documents will expire, if your I-485 is still pending. Enclose a copy of your I-485 receipt NOA with your renewal applications and your new documents will be processed without charge.

 

Q: Will I have an adjustment of status interview?

 

A: If you're adjusting from a K-1 (or K-2) then accepted thinking indicates you have around a 50-50 chance of actually having an interview. After a month or two you may receive a "Notice of Potential Interview Waiver" in the mail, telling you that your AoS may not need an interview but will take additional months of processing. This notice is not a guarantee that you won't have an interview. You will either just spontaneously receive your green in the mail a few months later, or receive an interview appointment down the road.

 

If adjusting from any other type of nonimmigrant visa (including B-2, F-1, VWP, J-1, H-1B, O-2, and others) then an interview is mandatory.

 

Q1: My I-485 was approved and I received an email stating card production was ordered, then I received a second identical email. What does this mean?

 

Q2: My I-485 went from post-decision activity backwards into approval. Is something wrong?

 

A: No, both of these are normal and happen all the time. USCIS' approval system seems to generate duplicate notices or reverse notices on a regular basis. It's nothing to worry about.

 

Q: I have further questions not answered here, where should I post them?

 

If adjusting from a K-1 (or K-2) you should post in the "Adjustment of Status From Family-Based Visas" board here: http://www.visajourney.com/forums/forum/7-adjustment-of-status-green-card-from-family-based-visas/

 

If adjusting from any other type of nonimmigrant visa you should post in the "Adjustment of Status From Work, Student, and Tourist Visas" board here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

 

Q: Thanks for making this FAQ, Hypnos. You're awesome.

 

A: That's not a question. And yes, I am. Thanks to KayDeeCee, Harpa Timsah, Nich-Nick and Kathryn41 for their input and contributions to this FAQ.

 

 

 

 

 

I also have a question on form I-130 part C #17, do I list my name , my spouse name and do I also list my childrens from a previous marriage name on it too or do I just put my husband name.

[daneybobo 3]

Hi everyone, i am seeking advice for a friend. She and her two kids came to the US about a month and a half ago on vacation and her then bf (who she had met 7 months before on a previous vacation) proposed to her and now they want to get married but she is worried about how it may look to USCIS even though it wasn't pre-planned.

 

Q1. If she decides to stay and get married and file for AOS can she filed AOS for her kids at the same time or would that need to be done after she gets her greencard and will they be able to attend school during the waiting period?

 

Q2. would it be a wiser decision to get married and then return to her home country then proceed with consular filing process?

 

Any suggestions and opinions that is within the legal sphere will be greatly appreciated, thank you.

[Ms.F.Brown 7]

On 5/24/2017 at 5:08 PM, daneybobo said:

Hi everyone, i am seeking advice for a friend. She and her two kids came to the US about a month and a half ago on vacation and her then bf (who she had met 7 months before on a previous vacation) proposed to her and now they want to get married but she is worried about how it may look to USCIS even though it wasn't pre-planned.

 

Q1. If she decides to stay and get married and file for AOS can she filed AOS for her kids at the same time or would that need to be done after she gets her greencard and will they be able to attend school during the waiting period?

 

Q2. would it be a wiser decision to get married and then return to her home country then proceed with consular filing process?

 

Any suggestions and opinions that is within the legal sphere will be greatly appreciated, thank you.

Anwser to Q1.

I had a friend who boyfriend came over here on a tourist visa. They ended up getting married and he end up staying. Because if he was to have went back to his country he would have got stuck over there. So he just stayed here and she filed her I-130 and the AOS at the same time and he was able to get his social security card, green card, and a travel permit.

Q2.

I have no idea on this question....Sorry.

[cbuckler 1]

Hello all,

Quick question. My wife came to the USA on a B2 tourist visa. We weren't planning on getting married at the time, but that changed and we got married. Im curious since i'm filing an I-485 (application to register permanent residence or adjust status) do I need to fill out form I-864 (Affidavit of support) as well? We are filing forms:

I-130 (Petition for Alien Relative)

I-485 (application to register permanent residence or adjust status)

I-693 (vaccination Supplement)

I-765 (Application for Employment)

Is there anything Im missing?

Thanks in advance.

Edited June 23, 2017 by cbuckler

[Megmar0616 11]

Hi I have a couple of questions..

if I entered the USA on the visa waiver programme what would I answer for 'status in which you entered the United States'? It also asks if I was inspected by an immigration officer? Is this just the immigration officer at the passport check or does this mean was I taken into secondary? And part 3c asks about organisations etc what does this mean?

thank you 

[Hypnos 6,576]

Status would be "VWP".

 

Yes, you were inspected (by CBP).

 

Organisations means clubs or societies, etc. that you belong to. Probably not relevant if you just arrived.

[DECKKAM 0]

DOES FORM I-485 AND I-130 HAVE A BARCODE ASIDE FROM I-864

[Teresa & Mareah 0]

We filed for AOS last May,2017. The interview notice came in the end of July, 2017 -- we still didn't get an invitation.. could this mean it will be waived? My EAD+AP came in and I am currently working & traveling. What can we expect? (North Dakota)