I-485 submitted but my tourist permission to stay in US is about to expire

[FIANCEDD 0]

Hello friends,

I enter with a tourist visa to USA on March 5th 2007. Then 2 months ago I married my fiance, a US citizen, which we date several years since we met at a conference in Miami. I prepared my I-485 papers and sent it (a week ago) but still have not received any answer about it.

My concern is that my permission to stay in US expire the first days of August ( My visa is still valid for 5 years more but the stamp in my passport is till August 5th 2007) .

As you understand, I dont want to return home but to wait here till my inmigration status as Husband of a US citizen finish.

What do you recommend me to do? What happen if till Aug 5th I still have not yet received a positive answer? What are my options?

Thanks a lot !

[Cécy 44]

You should soon received the NOA for your AOS, meaning that your AOS is pending, therefore you will legally be able to stay in the US.

I'm going to be in the same case, I'm here on a B2 tourism visa, we just got married and are about to apply for the AOS (I-130, I-485+EAD and G-325A forms). My visa will expire mi-august, but I know that since I will have applied to stay here legally it won't be a problem.

Don't freak and do not leave the country until you have either the AP or the Green Card!

[FIANCEDD 0]

Thanks Ceci !

Do you mean that just sending the appropiate package you can legally stay in US till even if you do not get a positive answer yet ?

That would be great as I do not want to be in an ilegal situation.

Thanks again,

[kim&james 0]

Thanks Ceci !

Do you mean that just sending the appropiate package you can legally stay in US till even if you do not get a positive answer yet ?

That would be great as I do not want to be in an ilegal situation.

Thanks again,

Yes you will legally be able to stay in the US. Just dont leave the country.

You probably wont receive a quick answer from USCIS and definately not before your visa expires, you wont be considered illegal as you entered on a visa and your status will be Adjustment Pending once you receive the NOA from your I-485.

Did you also apply for EAD and AP? Could be helpful for the future.

[athena_ny 1]

Nothing will happen. My husband was a 4.5 year overstay, as soon as he sent the papers his legal status was pending adjustment.

[FIANCEDD 0]

Hello friends and thanks for your answers ... I feel much better with your advise.

I am sending the I-130 / G-325A with the Form I-485.

Are these the right formats or should I send anything else?

By the way, I would like to work as soon as possible ... may I start to look for a job?

Sorry for chaining new questions but in this forum I am receiving more real orientation than in all other places.

THanks you !!!

[kim&james 0]

You will need to also submit the I-765 to apply for a EAD. This document will allow you to get a SSN and is needed to apply for a job.

Check this guide for your situation;

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Cécy 44]

Also if you want to travel out of the country before receiving your Green Card, you will want to apply for an Advance Parole (I can't remember the numbers of the form), but that's up to you.

The affidavit of support filled by the US spouse is a requirement.

[rebeccajo 14]

Also if you want to travel out of the country before receiving your Green Card, you will want to apply for an Advance Parole (I can't remember the numbers of the form), but that's up to you.

The affidavit of support filled by the US spouse is a requirement.

Petitioners adjusting from a tourist visa should plan on not leaving the country.

[Kez/JWolf 6]

Also if you want to travel out of the country before receiving your Green Card, you will want to apply for an Advance Parole (I can't remember the numbers of the form), but that's up to you.

The affidavit of support filled by the US spouse is a requirement.

There is nothing to stop you applying for AP if you came on a tourist visa/VWP..... JUST DONT USE IT.... if you leave the US with AP, when you return your legal status changes from being admitted to being Paroled... this can have a negative legal effect on your AOS if you were to run into problems..... you are better not to travel outside the US until you have your Greencard.....

Kez

[Dr_LHA 3]

There is nothing to stop you applying for AP if you came on a tourist visa/VWP..... JUST DONT USE IT.... if you leave the US with AP, when you return your legal status changes from being admitted to being Paroled... this can have a negative legal effect on your AOS if you were to run into problems..... you are better not to travel outside the US until you have your Greencard.....

I thought if you file AOS from VWP you're waiving your right to appeal any negative decision anyway, or am I remembering incorrectly?

[Kez/JWolf 6]

It was explained to me by our lawyer as follows.... when you enter on a tourist visa or a VWP you are admitted both body and sole into the USA.... if you then leave and return using AP you are only paroled so your body is in the US but your leagl sole is at the border or POE.... if for any reason your AOS is denied then if you are in the US body and sole only a immigration judge can remove you (Deportation Order) or allow you to remain if you are on a VWP you can not appeal but a judge can find in your favour........ if on the other hand you are paroled into the US on AP because your legal sole is outside you can not use the courts to help you remain and you would have no choice but to leave the US....

Kez

Edited July 9, 2007 by Niagaenola

[ajica 0]

Addition to that when, you file for your I-485 Adjustment of status, you might need to include your medical exam and immunization. I just received a letter from the USCIS regarding my I-485 application that they need my medical exam and my husbands W-2 1099 copy-this is a tax info copy from his job I think not sure about this one really. I file my I-485 last July 24 and I got the Biometrics Schedules last Aug. 21 without any NOA letter or receipt. Although, check has been cashed.

Good luck to you!!! and hope everything goes well..