UNLAWFUL PRESENT I485 FORM

[patata88 1]

Hello i came here with esta visa valid till 11/06  on 11/13  of the same year i got married.....on the form i485 at the question "Have you been unlawfully present in the USA" and  there are two options for more than 180 days but less than a year and the other one is more than a year i have to answer NO to both right? thanks 

Edited April 10, 2019 by patata88

[aaron2020 11,651]

The questions on the I-485 are  two parters - have you been unlawfully present AND have you departed the US.

You have been unlawfully present once your 90 days on the VWP was up.  You will be unlawfully present in the US until you file the I-485.  

 

If you haven't departed the US, then you answer no to both questions.

Edited April 10, 2019 by aaron2020

[patata88 1]

Just now, aaron2020 said:

You have been unlawfully present once your 90 days on the VWP was up.  You will be unlawfully present in the US until you file the I-485.  

but i filed already and  less than 180 days after ...i am asking this question because i am going to have my interview soon 

[patata88 1]

Just now, patata88 said:

but i filed already and  less than 180 days after ...i am asking this question because i am going to have my interview soon 

my esta expired on 6/11/17 i got married on 11/13/17 and my priority date of filing is 01/26/18

[aaron2020 11,651]

Just now, patata88 said:

my esta expired on 6/11/17 i got married on 11/13/17 and my priority date of filing is 01/26/18

THEY'RE TWO PART QUESTIONS.  You do have days of unlawful presence - between 6/11/17 and 1/26/18.  You have NOT departed the US.  THE ANSWERS ARE "NO" SINCE YOU HAVE NOT DEPARTED THE US.  

[patata88 1]

1 minute ago, aaron2020 said:

THEY'RE TWO PART QUESTIONS.  You do have days of unlawful presence - between 6/11/17 and 1/26/18.  You have NOT departed the US.  THE ANSWERS ARE "NO" SINCE YOU HAVE NOT DEPARTED THE US.  

thanks....i am trying to practice for my upcoming interview and i didn't filed myself but my lawyer did it for me and because my lawyer i found out after that is an idiot better i start practice myself thanks again

[arken 4,197]

8 minutes ago, patata88 said:

but i filed already and  less than 180 days after ...i am asking this question because i am going to have my interview soon 

 

7 minutes ago, patata88 said:

my esta expired on 6/11/17 i got married on 11/13/17 and my priority date of filing is 01/26/18

Just so you aren’t confused, you filed more than 180 days after your unlawful presence, not less than. 

[patata88 1]

12 minutes ago, arken said:

 

Just so you aren’t confused, you filed more than 180 days after your unlawful presence, not less than. 

between  my esta expiration date to my priority date there are 81 days of "unlawful presence

"

Edited April 10, 2019 by patata88

[fip & jim 452]

39 minutes ago, patata88 said:

Hello i came here with esta visa valid till 11/06  on 11/13  of the same year i got married....

33 minutes ago, patata88 said:

my esta expired on 6/11/17 i got married on 11/13/17 and my priority date of filing is 01/26/18

 

11/06 and 6/11 are different dates. If you meant November 6th then you should write 11/06/2017. To an American, 6/11 means June 11th.

 

To avoid confusion you need to use the American date format of MM/DD/YYYY, especially for USCIS. You will also not receive the correct information and advice on here if you provide dates that are not in the US date format. 

[eckoin 211]

46 minutes ago, patata88 said:

Hello i came here with esta visa valid till 11/06  on 11/13  of the same year i got married.....

 

39 minutes ago, patata88 said:

my esta expired on 6/11/17 i got married on 11/13/17 and my priority date of filing is 01/26/18

 

30 minutes ago, arken said:

Just so you aren’t confused, you filed more than 180 days after your unlawful presence, not less than. 

 

20 minutes ago, patata88 said:

between  my esta expiration date to my priority date there are 81 days of "unlawful presence

"

US date format vs other countries date format, right OP? 

 

Your ESTA expired November 6, not June 11. In the US, mm/dd/yyyy, everywhere else (almost), it's dd/mm/yyyy. So 81 days of unlawful presence.