Current Immigration Status on I-765 and I-485

[Kolarka 2]

Hi guys! I am getting ready to send my AOS, and still not sure for this question - WHAT IS YOUR CURRENT IMMIGRATION STATUS OR CATEGORY? This question is on Form I-765, and I-485!

Looking for an answer for a long  time, and until now get so many different answers and options , not sure what to do! 

I got married on my last day of Visa Waiver Program (ESTA), so is my status now : OUT OF STATUS (because my visa expired, even though I got married before that) or VISA WAIVER PROGRAM EXPIRED - PENDING I-130 , or IMMEDIATE RELATIVE- SPOUSE OF THE US CITIZEN ?

Please help me! Thanks guys you are the best! 

[Timona 4,207]

Out of status is correct 

[Family 4,014]

51 minutes ago, Kolarka said:

PENDING I-130 , or IMMEDIATE RELATIVE- SPOUSE OF THE US CITIZEN ?

The I-765  and category C 09 is based on “ Pending I-485/ IR spouse of USC” is what you need to write in….but since you have already received that advice or have come across it without being convinced…know that ANYTHING you write in is OK…so you can put your mind mildly at ease..

[Kolarka 2]

2 minutes ago, Family said:

The I-765  and category C 09 is based on “ Pending I-485/ IR spouse of USC” is what you need to write in….but since you have already received that advice or have come across it without being convinced…know that ANYTHING you write in is OK…so you can put your mind mildly at ease..

Thank you so much! This is so crazy

My I-130 is pending and I am sending now I-485! So you think is better to put Spouse of the US citizen ?

I just hate how OUT OF STATUS sound

[Family 4,014]

You are not getting I-765 based on the I-130 but based on the “ pending I-485”…even though it is concurrently filed. 
 

 

Edited August 22, 2022 by Family

[Kolarka 2]

4 minutes ago, Family said:

You are not getting I-765 based on the I-130 but based on the “ pending I-485”…even though it is concurrently filed. 
 

 

Ok, that have sense. Thank you so much!

[Ontarkie 14,236]

~~Moved to AOS From WOrk, STudent and Tourist Visa, from IR1/CR1 P&P- As the OP is not applying for a visa~~

[Daphne . 1,877]

I know this is water under the bridge but I wonder why you waited until the absolute last day of your Esta to get married? You could have avoided the "out of status' situation? Did you think you had to wait until the last day of your Esta?

[Kolarka 2]

3 hours ago, Daphne . said:

I know this is water under the bridge but I wonder why you waited until the absolute last day of your Esta to get married? You could have avoided the "out of status' situation? Did you think you had to wait until the last day of your Esta?

We got married one day before my ESTA expired, 89 day 😁 To be honest the only reason was that we didn’t have time before to organize wedding .