AOS H1-B "out-of-status"

[Spaniard14 0]

Hi I would like to explain my case and get some feedback from you guys:

-I came to the U.S under a H-3 visa 2 years ago

-employer applied for H-1B 7 months later.

-Got my H1-B one year later and switched employers.

-Met my husband one year ago

-Got laid off in June 2014

-Got job offers in June and July but I turned them down to be able to stay with my boyfriend

-Company keep me in payroll until beginning of August

-Got married 9 months later (August 2014) in NYC (we are a gay couple)

-Move to Oklahoma with my husband

AOS and GC application:

• 2014-09-15: Submitted Adjustment of Status package (I-485, I-765) to Chicago Lockbox
• 2014-09-18: Acceptance of I-485 and I-765
• 2014-10-10: Biometric was done at USCIS local office in Oklahoma City, OK
• 2014-11-07: I-485 Case Ready to be scheduled for an interview

I was out of status for a few weeks before applying for AOS. Would this affect my application?

Obviously I am currently not working (I signed a contract with a company to start on Dec. 1st in case I get my EAC) my husband signed the affidavit of support. Should I mention this to the interviewer? is the interview going to be base on my marriage (verify that my marriage is real or they will ask me about my work situation as well?)

I see most of people got the Employment Authorization Card before having an interview ... is it normal that I have the interview first? if my interview is approved will this mean I will receive my GC before my EAC?

thank you!

[Pitaya 2,577]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from work visa~

[Starkilla09 366]

As long as your spouse is a U.S. citizen all out of status or overstays are forgiven. It should have no effect on your application. Removal proceedings are what can really complicate those.

Hi I would like to explain my case and get some feedback from you guys:

-I came to the U.S under a H-3 visa 2 years ago

-employer applied for H-1B 7 months later.

-Got my H1-B one year later and switched employers.

-Met my husband one year ago

-Got laid off in June 2014

-Got job offers in June and July but I turned them down to be able to stay with my boyfriend

-Company keep me in payroll until beginning of August

-Got married 9 months later (August 2014) in NYC (we are a gay couple)

-Move to Oklahoma with my husband

AOS and GC application:

• 2014-09-15: Submitted Adjustment of Status package (I-485, I-765) to Chicago Lockbox
• 2014-09-18: Acceptance of I-485 and I-765
• 2014-10-10: Biometric was done at USCIS local office in Oklahoma City, OK
• 2014-11-07: I-485 Case Ready to be scheduled for an interview

I was out of status for a few weeks before applying for AOS. Would this affect my application?

Obviously I am currently not working (I signed a contract with a company to start on Dec. 1st in case I get my EAC) my husband signed the affidavit of support. Should I mention this to the interviewer? is the interview going to be base on my marriage (verify that my marriage is real or they will ask me about my work situation as well?)

I see most of people got the Employment Authorization Card before having an interview ... is it normal that I have the interview first? if my interview is approved will this mean I will receive my GC before my EAC?

thank you!

[Spaniard14 0]

As long as your spouse is a U.S. citizen all out of status or overstays are forgiven. It should have no effect on your application. Removal proceedings are what can really complicate those.

thanks for your quick answer. can you please answer my other questions?

thank you

[Starkilla09 366]

Your future employment is also non relevant to your adjustment of status application. They may ask you if you're working though and if not at the moment of the interview just say no. It's not something that can be used to weigh in on your application. Your sponsor's employment however is the one that's important since it's attacked to the affidavit of support so you may not be a public charge. He will have to carry proof of it to the interview. The interview is going to be solely based on the bona fides of your marriage ( making sure marriage is real) and also making sure you don't have other inadmissible issues such as criminal records in place that can make you ineligible for a green card. Some people get their EAD's first before their interview and others have been known to have them after theirs. If you go to your interview before receiving yours and it's asked no big deal say you haven't had it yet. Once you get your green card, it will ultimately supersede it though considering it's already indefinite proof of employment as well as permanent residence. Hope I answered all your questions this time. Good luck!

thanks for your quick answer. can you please answer my other questions?

thank you

[Spaniard14 0]

Your future employment is also non relevant to your adjustment of status application. They may ask you if you're working though and if not at the moment of the interview just say no. It's not something that can be used to weigh in on your application. Your sponsor's employment however is the one that's important since it's attacked to the affidavit of support so you may not be a public charge. He will have to carry proof of it to the interview. The interview is going to be solely based on the bona fides of your marriage ( making sure marriage is real) and also making sure you don't have other inadmissible issues such as criminal records in place that can make you ineligible for a green card. Some people get their EAD's first before their interview and others have been known to have them after theirs. If you go to your interview before receiving yours and it's asked no big deal say you haven't had it yet. Once you get your green card, it will ultimately supersede it though considering it's already indefinite proof of employment as well as permanent residence. Hope I answered all your questions this time. Good luck!

Thanks a lot! wow will this mean that after the interview my GC (conditional) will be mailed within a few weeks? I wasn't expected to get it that soon.

[Starkilla09 366]

if you're approved on the spot, you should have your green card in less than 8 days as your online status changes though they normally say it can take up to 120days. Many others also have it in less than 30 days if not approved on the spot in cases where the interview officer might decide to review your file perhaps with a supervisor after sending you home promising a decision later. Other unfortunate ones have been known to wait in limbo for more than 30 days to even longer times before such action and subsequent card production.

Thanks a lot! wow will this mean that after the interview my GC (conditional) will be mailed within a few weeks? I wasn't expected to get it that soon.

Edited November 13, 2014 by Starkilla09