powerpuff

I agree, it’s definitely a very interesting case. Someone should ask Hacking this scenario on his show.

I’d just like to point out that the video was posted 5 years ago and in 2018, F2A PD was not “current” https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html

I-485 grants authorized stay while it is pending, even if the person becomes out of status while waiting. Hence in my view, if their PD is current and their I-485 is pending, they’re not accruing unlawful presence. The only danger, for spouses of LPRs, is if it is denied. They wouldn’t be able to apply again as you have to be in a valid status per I-94 for spouses of LPRs when you apply for I-485. I also hope they update us although I know this is not what they asked about. @Mena1994 I found this old thread that might be helpful. Although it’s talking about a USC receiving SNAP, it might still be applicable in your situation:

If we’re both looking at the same article, I suspect it was written a while ago when the PD for F2A wasn’t current: “Here's the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, Maria would need to maintain her student status throughout the time the green card case is pending. The reason for this is that there's a backlog on the processing of green card cases for the spouses of green card holders. I know that sounds a little bit confusing but, basically, there are a limit on the number of green cards that are available in all kinds of green card categories, and that includes green cards for the spouses of green card holders. That is lawful permanent residences, husbands or wives.” https://hackinglawpractice.com/can-my-spouse-adjust-if-i-am-an-lpr/ To me, it sounds like since there currently is no limit for F2As, they then can adjust. In the future, if it is no longer “current” then those people wouldn’t be able to adjust.

~~ Topic moved from CR1/IR1 spousal visa forum to AOS work/student/tourist visas - this is an AOS case, not CR1/IR1 ~~

Spouses of GC holders can adjust status, under very specific circumstances, since their PD is current (F2A in the visa bulletin). those circumstances are: 1. AOS has to be filed while they’re in status per their I-94 (not sure if that’s the case for OP). Once I-485 is filed, it gives them authorization presence 2. Their I-485 is not denied because if it will be denied, they would no longer be in authorized presence and will have to leave the US. Overstays are not forgiven for spouses of GC holders. There are several risks involved, however it is not impossible.

Just as an FYI regarding spouses of GC holders, their visa numbers are current meaning they are not limited.

US citizens. The thread mentions CR1/IR1 which are spouses of USCs

Have you been DQ’d?

~~ Duplicate thread removed. Please do not start multiple threads asking same/related questions ~~

~~ Topic moved from K1 forum to Waivers & AP forum ~~

~~ Topic moved from IR1/CR1 forum to AOS Work/student/tourist visas - this is an adjustment of status (AOS) case per previous posts. @Salvador&Julissa please post all future posts in the AOS work/tourist/student visas as this is no longer a CR1/IR1 case ~~

~~ Topic moved from General Immigration discussion to US Immigration News ~~

This might not be so recent but when I was going through K1 back in 2021, they took about 3 weeks to respond to my inquiry