Expiring Tourist Visa and I-485 Application

[ws1889 19]

I am a Hungarian who has been living in the United States for several years on an F-1 student visa. I recently graduated and went home to Hungary to visit family. I returned to the USA several weeks ago on a tourist visa, which expires April 26, 2017. I have been married for 1.5 years to an American husband, but had not began to file any paperwork until now. I received confirmation that my I-130 form was received on February 13, 2017. 

My issue is, I would now like to file my I-485 form, however I am concerned that it will not be processed in time before my tourist visa expires. Does anyone have experience with a similar issue? Thank you for all of your help.

[NigeriaorBust 4,087]

   Did you answer all questions about your status during any contact with immigration employees honestly ?  

[ws1889 19]

3 minutes ago, NigeriaorBust said:

   Did you answer all questions about your status during any contact with immigration employees honestly ?  

Yes, they asked me purpose of visit and I said I was visiting family which is true. 

[geowrian 22,337]

Assuming you are eligible to file for AOS (nothing you said implies otherwise), once you file for AOS, the NOA1 acts of proof of your legal status within the US. It stays that way until your AOS is approved and you get a green card, or you get denied (in which case you are out of status).

Edited March 3, 2017 by geowrian

[ws1889 19]

24 minutes ago, geowrian said:

Assuming you are eligible to file for AOS (nothing you said implies otherwise), once you file for AOS, the NOA1 acts of proof of your legal status within the US. It stays that way until your AOS is approved and you get a green card, or you get denied (in which case you are out of status).

Okay, that's good to hear. So to the extent of your knowledge, I wouldn't be unlawfully in the country after my tourist visa expires if I have filed for an AOS?

[geowrian 22,337]

2 minutes ago, ws1889 said:

Okay, that's good to hear. So to the extent of your knowledge, I wouldn't be unlawfully in the country after my tourist visa expires if I have filed for an AOS?

Correct. Again, this is assuming you meet the requirement to file for AOS, but I'm not going to assume or try to guess about circumstances you didn't state. The first page or so of the I-485 instruction lists who can and cannot file if you are interested.

Edited March 3, 2017 by geowrian

[ws1889 19]

1 minute ago, geowrian said:

Correct. Again, this is assuming you meet the requirement to file for AOS, but I'm not going to assume or try to guess about circumstances you didn't state. The first page or so of the I-485 instruction lists who can and cannot file if you are interested.

Ok, thank you for your help! I was worried about a catch-22 situation where my visa has expired but I cannot leave because I-485 was being processed. Again, thanks so much!

[geowrian 22,337]

3 minutes ago, ws1889 said:

Ok, thank you for your help! I was worried about a catch-22 situation where my visa has expired but I cannot leave because I-485 was being processed. Again, thanks so much!

Your visa (or at least your I-94 stamp) will very likely expire before your AOS is processed. That's normal. But you're still in status while AOS is pending. You still cannot leave the US until you get AP, or work until you get an EAD. Both are free when filed with an I-485 and take ~90 days or so for processing.

Edited March 3, 2017 by geowrian

[Teddy B 17,252]

10 hours ago, ws1889 said:

Ok, thank you for your help! I was worried about a catch-22 situation where my visa has expired but I cannot leave because I-485 was being processed. Again, thanks so much!

Once you have filed your I-485 you cannot leave the US until you receive your EAD/AP combo card that will give you permission to work and travel. If you do leave without obtaining that card, your application will be considered abandoned and there's a good chance you will not be allowed back into the US.

[Orsolya 0]

Szia,

 

En egy bevandorlasi ugyved vagyok Columbus, Ohiobol.

 

Az osszes papirodat egyszerre kellett volna beadnod. Nem csak az I-130-at hanem mindent egyszerre. Ha ugy csinaltad volna, addig amig a papirmunkad elbiralas alatt van, addig statuszban vagy. Most azt kell csinalnod, hogy gyorsan beadod a tobbi papirt is.  A problema ott fog kezdodni, hogy az I130 es az I-485 nem fognak sokaig "egymasra talalni" es ossze vissza fogjak kuldozgetni a papirjaidat.

 

Sok sikert.

[Ryan H 3,812]

~~~If you wish to use a language other than English, please do so in the regional forums only.~~~

 

On 3/7/2017 at 10:56 AM, Orsolya said:

Szia,

 

En egy bevandorlasi ugyved vagyok Columbus, Ohiobol.

 

Az osszes papirodat egyszerre kellett volna beadnod. Nem csak az I-130-at hanem mindent egyszerre. Ha ugy csinaltad volna, addig amig a papirmunkad elbiralas alatt van, addig statuszban vagy. Most azt kell csinalnod, hogy gyorsan beadod a tobbi papirt is.  A problema ott fog kezdodni, hogy az I130 es az I-485 nem fognak sokaig "egymasra talalni" es ossze vissza fogjak kuldozgetni a papirjaidat.

 

Sok sikert.