AOS from ESTA/VWP

[UnitedStatesGuy 0]

Hi all. We are filing our AOS paperwork this week. We married while under ESTA/VWP, and are filing AOS after the 90 day grace period. On the i-485 do I need to put "Out of Status" for current immigration status? I assume so... right?

[geowrian 22,338]

What "grace period"? I'm assuming you mean period of legal status given at entry.

 

Out of status is fine.

[UnitedStatesGuy 0]

  On 7/2/2019 at 6:36 PM, geowrian said:

What "grace period"? I'm assuming you mean period of legal status given at entry.

 

Out of status is fine.

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Yes, I mean we're filing past the 90 days that an ESTA lasts. There is a question on the i-485: "What is your current immigration status (if it has changed since your arrival)?" 

It would be WT if the ESTA wasn't expired, but I am guess that I need to put "Out-of-status" since we are way past the 90 days. Am I correct?

[geowrian 22,338]

  On 7/2/2019 at 6:39 PM, UnitedStatesGuy said:

Yes, I mean we're filing past the 90 days that an ESTA lasts. There is a question on the i-485: "What is your current immigration status (if it has changed since your arrival)?" 

It would be WT if the ESTA wasn't expired, but I am guess that I need to put "Out-of-status" since we are way past the 90 days. Am I correct?

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ESTA is just a travel authorization to board the flight. VWP is the program one enters with. WT would be their status.

 

Out of status is fine for current status. Their class of admission would be WT.

[HRQX 4,145]

  On 7/2/2019 at 6:34 PM, UnitedStatesGuy said:

On the i-485 do I need to put "Out of Status" for current immigration status?

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Put "No status." It's recommended to also submit I-765 and I-131; they are free to file in your case.

[UnitedStatesGuy 0]

  On 7/2/2019 at 6:42 PM, geowrian said:

ESTA is just a travel authorization to board the flight. VWP is the program one enters with. WT would be their status.

 

Out of status is fine for current status. Their class of admission would be WT.

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Thank you!!! So helpful!

The only other question on there I'm not 100% sure about is the: "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?

I think I check "No"...

[HRQX 4,145]

  On 7/2/2019 at 6:44 PM, UnitedStatesGuy said:

I think I check "No"...

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Correct.

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-1 "Most adjustment applicants file their adjustment of status applications based on INA 245(a)."

Edited July 2, 2019 by HRQX

[UnitedStatesGuy 0]

  On 7/2/2019 at 6:44 PM, HRQX said:

Correct.

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thank you!

[UnitedStatesGuy 0]

  On 7/2/2019 at 6:43 PM, HRQX said:

Put "No status." It's recommended to also submit I-765 and I-131; they are free to file in your case.

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Will do. I wish calculating the fees were easier. My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

[geowrian 22,338]

  On 7/2/2019 at 6:48 PM, UnitedStatesGuy said:

Will do. I wish calculating the fees were easier. My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

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Yes.

[HRQX 4,145]

  On 7/2/2019 at 6:48 PM, UnitedStatesGuy said:

My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

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Yes (I assume the I-485 applicant is younger than 79). USCIS also accepts payment by credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

Edited July 2, 2019 by HRQX

[UnitedStatesGuy 0]

  On 7/2/2019 at 6:52 PM, HRQX said:

Yes (I assume you are younger than 79). USCIS also accepts payment by credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

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I got excited when I saw the credit card form (I don't want my AOS to be sent back due to bad check amounts) but you still have to put the authorized dollar amount on there. 

[UnitedStatesGuy 0]

Do you guys know if there are any Cover Letter templates out there for the 130 or 485 packets?

[HRQX 4,145]

  On 7/2/2019 at 6:57 PM, UnitedStatesGuy said:

Do you guys know if there are any Cover Letter templates out there for the 130 or 485 packets?

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[UnitedStatesGuy 0]

  On 7/2/2019 at 7:02 PM, HRQX said:

 

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Thank you!! Sorry for so many questions... Do you know where I can find the exact address or drop off location for the chicago lockbox?