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Posted

I am asking this question for a friend.

 

Person that overstayed their visitor visa got married with cuban LPR girlfriend. Has a I-130 pending since April 2019. Person did not file the I-485 packet together with the I-130. Will they be able to submit now even though their I-130 is still pending? 

 

I also have heard about filing the I-485 under the Cuban Adjustment Act but I am not sure how that works. If anyone here has any experience or has someone they know that have gone through this, please let me know your feedback. Thank you in advance. 

12/25/2013 - Officially became a couple

10/27/2014 - Married :wub:
12/26/2014 - Wedding Ceremony
02/20/2015 - NOA1
05/05/2015- NOA2
05/11/2015- NVC Received, Request for 2nd expedite
05/18/2015- Case Number assigned
05/27/2015- NVC/Embassy approved expedite request
05/29/2015- Case sent to Embassy
06/05/2015- Medical
06/08/2015- Vac Appointment
06/18/2015- Interview (APPROVED!!)
06/30/2015- Visa Issued!!! :dancing: :joy:
07/06/2015- Visa in hand
07/08/2015- POE (Miami)
07/18/2015- SS received
Filed: K-1 Visa Country: Wales
Timeline
Posted

They can not adjust, they need to be in status to adjust status.

 

They would have to be Cuban to file under the Cuban Adjustment Act.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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