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

[azblk 338]

1 hour ago, Roel said:

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

Wrong

[azblk 338]

1 hour ago, toreador said:

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

 

You will be fine. These people are giving you the wrong answers.  You need to fire that lawyer too because he is clearly incompetent.

[azblk 338]

1 hour ago, Going through said:

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.

 

 

What are you talking about? Read and understand before you make wild inaccurate statements. She has NOT overstayed anything, She filed AOS while STILL in status.

[NigeriaorBust 4,087]

  How did your husband qualify to apply from USC  so quickly ?   You said he got his GC in 2015 and applied for USC in 17  

[Unlockable 7,306]

1 hour ago, azblk said:

What are you talking about? Read and understand before you make wild inaccurate statements. She has NOT overstayed anything, She filed AOS while STILL in status.

She also has to remain in legal status. She stated her SEVIS was terminated. 

 

Also, she can only adjust status in the US via marriage to a US citizen. 

[Going through 5,668]

1 hour ago, azblk said:

What are you talking about? Read and understand before you make wild inaccurate statements. She has NOT overstayed anything, She filed AOS while STILL in status.

She also dropped out of school, and SEVIS was terminated, thus she is not in legal status to adjust through a LPR spouse while inside the US. 

Did you read and understand that part? 

 

If she married a USC inside the US, entirely different scenario and outcome.

Edited May 10, 2018 by Going through

[azblk 338]

5 minutes ago, Going through said:

She also dropped out of school, and SEVIS was terminated, thus she is not in legal status to adjust through a LPR spouse while inside the US. 

Did you read and understand that part? 

 

If she married a USC inside the US, entirely different scenario and outcome.

Yes I understand that part.  She is allowed to AOS even then. Like I said earlier the only requirement is that she is in status WHEN aos is filed. There is NO requirement that she stays in status after filing.

22 minutes ago, NuestraUnion said:

She also has to remain in legal status. She stated her SEVIS was terminated. 

 

Also, she can only adjust status in the US via marriage to a US citizen. 

Wrong again.

[Pee&Eee 70]

My first thought was what are these people saying? They are not out of status because she married while her H1b visa was still valid.

[Unlockable 7,306]

13 minutes ago, azblk said:

Yes I understand that part.  She is allowed to AOS even then. Like I said earlier the only requirement is that she is in status WHEN aos is filed. There is NO requirement that she stays in status after filing.

 

What??? That is not true. Look at section 212(a)(9)

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html

 

Once her SEVIS was terminated, she had a period of time to leave the country. After that period, she started accumulating unauthorized stay. The H1B was denied also. Basically, there was no other status that she was on.She was out of status and is still out of status.

 

Based on that, she will be denied her AOS under 212(a)(9)(B)(i)(l)

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section  244(e)) prior to the commencement of proceedings under section  235(b)(1) or section  240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

 

 

Edited to add... the only time a person can Adjust Status after being out of status and have accrued unauthorized presence is if they are married to an US citizen. This is what we have been trying to tell the OP. Her husband is not a US citizen yet.

Edited May 10, 2018 by NuestraUnion

[azblk 338]

9 minutes ago, NuestraUnion said:

What??? That is not true. Look at section 212(a)(9)

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-17138/0-0-0-18383.html

 

Once her SEVIS was terminated, she had a period of time to leave the country. After that period, she started accumulating unauthorized stay. The H1B was denied also. Basically, there was no other status that she was on.She was out of status and is still out of status.

 

Based on that, she will be denied her AOS under 212(a)(9)(B)(i)(l)

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section  244(e)) prior to the commencement of proceedings under section  235(b)(1) or section  240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

 

 

Edited to add... the only time a person can Adjust Status after being out of status and have accrued unauthorized presence is if they are married to an US citizen. This is what we have been trying to tell the OP. Her husband is not a US citizen yet.

You are still missing the point look at her timeline once again, her being out of status is irrelevant at this point. When her H-1B was denied she still stayed on F1 status and enrolled in another school. She dropped out of school AFTER filing her i-485. Like I said earlier she only has to be in status when she files and does not have to stay in status after that if she so chooses.

 

When you have i-485 pending you are authorized to stay by attorney general until your case is decided and you do not accumulate unlawful presence during that time. Besides as an F-1 student you don't accumulate unlawful presence even if you are out status until a FORMAL finding of your status is made by uscis during the adjudication of another benefit or by a judge in removal proceedings. Termination of SEVIS does mean you are accumulating illegal presence.

 

Also you are wrong that he only time someone can AOS if they are out of status is if their spouse is a USC.

 

[Tenreyro 174]

14 minutes ago, azblk said:

You are still missing the point look at her timeline once again, her being out of status is irrelevant at this point. When her H-1B was denied she still stayed on F1 status and enrolled in another school. She dropped out of school AFTER filing her i-485. Like I said earlier she only has to be in status when she files and does not have to stay in status after that if she so chooses.

 

When you have i-485 pending you are authorized to stay by attorney general until your case is decided and you do not accumulate unlawful presence during that time. Besides as an F-1 student you don't accumulate unlawful presence even if you are out status until a FORMAL finding of your status is made by uscis during the adjudication of another benefit or by a judge in removal proceedings. Termination of SEVIS does mean you are accumulating illegal presence.

 

Also you are wrong that he only time someone can AOS if they are out of status is if their spouse is a USC.

 

@azblk is correct, @toreador

 

Her timeline is simple, forget about H1B or anything. Her AOS was filed (Oct 2016) before she abandoned school (Dec 2016).

 

After she abandoned F1 status, Authorized Stay began. It is a shame that there is no mention of EAD and/or AP, to further prove your point.

 

Quote

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?

1) Yes and No. You were not out of status, after the I-485 is filed you are in what is considered 'authorized stay'. If you get denied, that time will automatically be considered as 'out of stay', but while pending, and after accepted, is valid as authorized stay. I don't think it will be a big problem, they could focus more on the facts about your relationship, technically even kids are not proof that a relationship is bonafide. And they could desire to inquire if you got on F1 visa for real reasons. I will cross my fingers for you two to have a friendly person that notice that you two are for real and decide not to waste time, and only ask you two how did you meet. (I've read of cases like that).

 

Also, forget about what you have read from people screaming their thoughts without any rationality. Authorized stay does not discriminate between LPR spouses or USC's. But if you had filed after your F-1 was void, then yes, the story would be different.

 

If your husband became LPR in 2015, he can't apply to citizenship until the end of 2019 (as early filing). I don't think you can reschedule that much.

 

Yes, it is a scary situation, and I really hope the best for you, but you are in the clear. You need to get yourself a different lawyer, one that is willing to prove not only you were in a authorized stay status, but also that defend your case in any other aspect.

 

Edited May 10, 2018 by Tenreyro

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22 minutes ago, azblk said:

You are still missing the point look at her timeline once again, her being out of status is irrelevant at this point. When her H-1B was denied she still stayed on F1 status and enrolled in another school. She dropped out of school AFTER filing her i-485. Like I said earlier she only has to be in status when she files and does not have to stay in status after that if she so chooses.

 

When you have i-485 pending you are authorized to stay by attorney general until your case is decided and you do not accumulate unlawful presence during that time. Besides as an F-1 student you don't accumulate unlawful presence even if you are out status until a FORMAL finding of your status is made by uscis during the adjudication of another benefit or by a judge in removal proceedings. Termination of SEVIS does mean you are accumulating illegal presence.

 

Also you are wrong that he only time someone can AOS if they are out of status is if their spouse is a USC.

 

While I admire your diligence on the topic. The above is not true.

 

An immigrant trying to Adjust Status must maintain legal status throughout the process. If he or she has a US citizen spouse, it would not matter because any overstay or nonlegal status would be forgiven. But as a spouse of a permanent resident, they don't have the same options.

 

Reason being is because immigrant visas are not immediately available for permanent residents.

 

If she would have filed for asylum or something like that, then she would have authorized stay during the process. Not to mention, the process for applying for a spouse of a PR takes 2 years. 

 

 

Edited May 10, 2018 by NuestraUnion

[azblk 338]

Just now, NuestraUnion said:

While I admire your diligence on the topic. The above is not true.

 

An immigrant trying to Adjust Status must maintain legal status throughout the process. If he or she has a US citizen spouse, it would not matter because any overstay or nonlegal status would be forgiven. But as a spouse of a permanent resident, they don't have the same options.

 

Reason being is because immigrant visas are not immediately available for permanent residents.

 

If she would have filed for asylum or something like that, then she would have authorized stay during the process.

 

 

You are either being obtuse or you are just arguing for the sake of it. Any person with a properly filed i-485 is in a period of authorized stay.

[Unlockable 7,306]

My point is that a person must have a legal status to be adjusting from (including the duration of the process) in order to be approved for Adjustment of Status, unless they are married to a USC in which the overstay is forgiven.

 

Authorized stay is not the same as have legal status.

 

This is why we stated she will be denied her AOS.

[Roel 7,191]

"File Form I-130. After a visa number becomes available, apply to adjust status to permanent residency using Form I-485. NOTE: Unless the beneficiary (your spouse) had an immigrant visa petition or labor certification pending prior to April 30, 2001, the beneficiary must have continuously maintained lawful status in the United States in order to adjust status. "

 

Mean even during AOS, spouse of the green card holders needs to maintain legal status.