Help! Married to LPR. Dropped school after filing I-485. AOS interview next month.

[toreador 2]

Hi everyone,

 

I am right now in really stressful situation and would like to know if anyone had any experience /knowledge about it.

 

I entered USA in 2011 as F1 student for attending school A and met my husband. I graduated in May 2013 and got a job. My husband and I decided to get married in March 2014. I applied for H1B through work, but was denied. 

So I applied school B and transfer my I-20, starting in January 2015. My husband got his green card in January 2015 and applied I-130 petition for me.

I requested reduced course load in August 2016 due to high risk pregnancy, and dropped the school after I filed I-485 application.

My husband applied for naturalization in Nov 2017.

 

Here is the brief timeline:

Jun 17, 2015 – I-130 application

Aug 21,2015 – I-130 approved

Oct 4, 2016 - I-485 Adjustment of status application sent

Oct 19, 2016 - I-485 Adjustment of status application received

Nov 8, 2016 - Fingerprint & Biometrics appointments

Dec 2016 - Last attendance at school B; SEVIS terminated

 got the AOS interview notice. It will be next month. We consulted a lawyer about interview strategy, but the lawyer told us that because I dropped the school (after filing I-485) and am out of status, I will get a denial at the interview.

The lawyer suggests we reschedule the interview and ask to put on hold until my husband becomes a citizen.

 

My questions:

1) Am I out of status? At the date of filing, I was still in F1 status. Will this be a big problem for my interview?

2) If we decide to reschedule, will USCIS ask reasons why we want to reschedule? Do we need to provide proof later?

3) I know once the LPR spouse becomes citizen, you can upgrade your I-130 petition. But can we upgrade my I-485 petition? 

 

 

 

 

Thank you!
 

 

[Roel 7,191]

Since your husband is only lpr you will be denied AOS even if you were out of status one day. Overstay is only forgiven for spouses of US citizen. 

 

You will be rightfully denied. You should have waited with AOS until your husband becomes citizen. I never heard of i485 being upgraded. 

 

Not only that but you made USCIS notice you and currently you are out of status and they can easily deport you. 

That's the worst case scenario. 

[Going through 5,668]

49 minutes ago, toreador said:

1) Am I out of status? At the date of filing, I was still in F1 status. Will this be a big problem for my interview?

2) If we decide to reschedule, will USCIS ask reasons why we want to reschedule? Do we need to provide proof later?

3) I know once the LPR spouse becomes citizen, you can upgrade your I-130 petition. But can we upgrade my I-485 petition?

1)  Yes you are out of status.  When you filed the AOS you were under a period of "authorized stay" while the application is pending.  You will be denied at the interview.

2)  USCIS will require you state a reason for the request.   Issue will be that with your reason, you are bringing to the forefront that you are out of status.  Consult your lawyer on the best way to word the reschedule request in your situation.

3)  Not that I am aware of.

[Unlockable 7,306]

1 hour ago, toreador said:

My questions:

1) Am I out of status? At the date of filing, I was still in F1 status. Will this be a big problem for my interview?

Yes.

Yes, you will be denied at the interview.

 

Quote

2) If we decide to reschedule, will USCIS ask reasons why we want to reschedule? Do we need to provide proof later?

They will not likely ask for proof of needing to reschedule. However, it is a moot issue. You have bigger things to worry about.

 

Quote

3) I know once the LPR spouse becomes citizen, you can upgrade your I-130 petition. But can we upgrade my I-485 petition?

 I think you are thinking about filing I-130 and I-485 concurrently. When your USC spouse becomes a citizen, it is technically not an upgrade if you want to adjust status. They are just filed together. 

 

 

@toreador,,You are going about this the wrong way. First, you don't file for a H1B, the company you are working for does. Immigrants don't file for work visas themselves. 

 

Second, you can't adjust status with an LPR spouse. Only US citizens can do that.

 

You are now out of status and in limbo. You will either have to wait until your spouse becomes a citizen, or leave and attempt another visa.

[azblk 338]

6 hours ago, toreador said:

Hi everyone,

 

I am right now in really stressful situation and would like to know if anyone had any experience /knowledge about it.

 

I entered USA in 2011 as F1 student for attending school A and met my husband. I graduated in May 2013 and got a job. My husband and I decided to get married in March 2014. I applied for H1B through work, but was denied. 

So I applied school B and transfer my I-20, starting in January 2015. My husband got his green card in January 2015 and applied I-130 petition for me.

I requested reduced course load in August 2016 due to high risk pregnancy, and dropped the school after I filed I-485 application.

My husband applied for naturalization in Nov 2017.

 

Here is the brief timeline:

Jun 17, 2015 – I-130 application

Aug 21,2015 – I-130 approved

Oct 4, 2016 - I-485 Adjustment of status application sent

Oct 19, 2016 - I-485 Adjustment of status application received

Nov 8, 2016 - Fingerprint & Biometrics appointments

Dec 2016 - Last attendance at school B; SEVIS terminated

 got the AOS interview notice. It will be next month. We consulted a lawyer about interview strategy, but the lawyer told us that because I dropped the school (after filing I-485) and am out of status, I will get a denial at the interview.

The lawyer suggests we reschedule the interview and ask to put on hold until my husband becomes a citizen.

 

My questions:

1) Am I out of status? At the date of filing, I was still in F1 status. Will this be a big problem for my interview?

2) If we decide to reschedule, will USCIS ask reasons why we want to reschedule? Do we need to provide proof later?

3) I know once the LPR spouse becomes citizen, you can upgrade your I-130 petition. But can we upgrade my I-485 petition? 

 

 

 

 

Thank you!
 

 

When did you file your i-1485? was your priority date current at the time of filing i-485? If it was then your lawyer does not know what he is talking about.  You are only required to be in status at time of filing.

Edited May 10, 2018 by azblk

[azblk 338]

6 hours ago, Roel said:

 

 

You will be rightfully denied. You should have waited with AOS until your husband becomes citizen. I never heard of i485 being upgraded.

Totally inaccurate

[azblk 338]

5 hours ago, NuestraUnion said:

Yes.

Yes, you will be denied at the interview.

 

They will not likely ask for proof of needing to reschedule. However, it is a moot issue. You have bigger things to worry about.

 

 I think you are thinking about filing I-130 and I-485 concurrently. When your USC spouse becomes a citizen, it is technically not an upgrade if you want to adjust status. They are just filed together. 

 

 

@toreador,,You are going about this the wrong way. First, you don't file for a H1B, the company you are working for does. Immigrants don't file for work visas themselves. 

 

Second, you can't adjust status with an LPR spouse. Only US citizens can do that.

 

You are now out of status and in limbo. You will either have to wait until your spouse becomes a citizen, or leave and attempt another visa.

This is inaccurate. She filed i-485 while still in status and if her PD was current then she should be able to AOS with no problems.

[Unlockable 7,306]

26 minutes ago, azblk said:

Totally inaccurate

 

20 minutes ago, azblk said:

This is inaccurate. She filed i-485 while still in status and if her PD was current then she should be able to AOS with no problems.

How?

 

She is trying to AOS in the US based on a marriage to a permanent resident not a US citizen. Her husband needs to be a US citizen. 

[azblk 338]

15 minutes ago, NuestraUnion said:

 

How?

 

She is trying to AOS in the US based on a marriage to a permanent resident not a US citizen. Her husband needs to be a US citizen. 

She can AOS based on a marriage to a permanent resident.

[Roel 7,191]

38 minutes ago, azblk said:

She can AOS based on a marriage to a permanent resident.

Not how it works. She overstayed and overstay disqualified her from AOS based on marriage with lpr.  

 

In order for that to work spouse of lpr needs to somehow keep legal status for over 2 years (his is how long aos takes). Usually it's pretty impossible so spouses of lpr go back to their countries and wait for spouse visa. 

 

Your info is correct only for spouse of US citizens. 

[toreador 2]

I filed i-485 when it is current for my PD, according to the AOS filing chart. 

 

[Roel 7,191]

1 minute ago, toreador said:

I filed i-485 when it is current for my PD, according to the AOS filing chart. 

 

Doesn't matter when your husband is just lpr and you were out of status, your AOS will still be denied. 

[Going through 5,668]

If you adjust status with a LPR spouse, any overstay is not forgiven (like it is if you were to adjust status with a USC spouse).  Due to the overstay she would be ineligible to adjust from within the US to a LPR spouse.

 

 

[azblk 338]

15 minutes ago, Roel said:

Not how it works. She overstayed and overstay disqualified her from AOS based on marriage with lpr.  

 

In order for that to work spouse of lpr needs to somehow keep legal status for over 2 years (his is how long aos takes). Usually it's pretty impossible so spouses of lpr go back to their countries and wait for spouse visa. 

 

Your info is correct only for spouse of US citizens. 

You need to look at her timeline to understand what is happening here. She filed her i-130 when it was approved and her PD became current  she then filed her i-1485. She was in a F1 valid status when she filed her i-485. You are only required to be in status when you file your i-485 and not after.

[azblk 338]

15 minutes ago, Roel said:

Not how it works. She overstayed and overstay disqualified her from AOS based on marriage with lpr.  

 

In order for that to work spouse of lpr needs to somehow keep legal status for over 2 years (his is how long aos takes). Usually it's pretty impossible so spouses of lpr go back to their countries and wait for spouse visa. 

 

Your info is correct only for spouse of US citizens. 

You need to look at her timeline to understand what is happening here. She filed her i-130 when it was approved and her PD became current  she then filed her i-1485. She was in a F1 valid status when she filed her i-485. You are only required to be in status when you file your i-485 and not after.