I-485 Current USCIS Status

[shikarnov 7]

Hi All,

My wife is currently Out of Status, and has been since early August of this year. She came on a K1 and we were married within the 90 day time frame. We couldn't file on time due to financial considerations. Now I'm wondering what to write in for the "Current USCIS Status" option on Part I of the I-485.

Also, I've been getting conflicting information about being Out of Status and filing for Advanced Parole (I-131). My wife needs to return to Russia this spring to finish up her university studies and see family. But some people have said that it's worthless to file the I-131 after having been Out of Status. They say that, regardless of whether the I-131 is accepted, an alien that's been out of status and hasn't yet received a Green Card can and probably will be banned from reentering the country for 3-10 years.

Is there any truth to this? Telling my wife that she can't go to see her family for two years until the GC comes is not a conversation I want to have. But it would surely be a lot better than the conversation we'd have if she was stopped while trying to re-enter the country.

Does anybody have any experience with this? Or advice?

Thanks,

Z

Edited November 16, 2008 by shikarnov

[Dau_Que 0]

If I were you or your wife, I'd consult an immigration lawyer, instead of relying on answers from this forum for such "important" and "serious" matter. I'm on this forum to research for information how to file "normal" immigration procedures, not to solve special situation cases.

Think about it, whether you paid earlier (when you said that you had financial difficulty and that prevented you from filing your SO' AOS ontime) or later, which could jeopardize her legal stay in the States, you still have to do it eventually. I'd do it sooner than later, just to avoid the added cost (legal consultation fee)and complication.

Edited November 16, 2008 by DPNH

[Dakine 26]

Hi All,

My wife is currently Out of Status, and has been since early August of this year. She came on a K1 and we were married within the 90 day time frame. We couldn't file on time due to financial considerations. Now I'm wondering what to write in for the "Current USCIS Status" option on Part I of the I-485.

Also, I've been getting conflicting information about being Out of Status and filing for Advanced Parole (I-131). My wife needs to return to Russia this spring to finish up her university studies and see family. But some people have said that it's worthless to file the I-131 after having been Out of Status. They say that, regardless of whether the I-131 is accepted, an alien that's been out of status and hasn't yet received a Green Card can and probably will be banned from reentering the country for 3-10 years.

Is there any truth to this? Telling my wife that she can't go to see her family for two years until the GC comes is not a conversation I want to have. But it would surely be a lot better than the conversation we'd have if she was stopped while trying to re-enter the country.

Does anybody have any experience with this? Or advice?

Thanks,

Z

You guys didn't have to file for AO)S within the 90 days. There is no set time limit for K1s. ou can file for AOS, AP and EAD anytime. AP and EAD no cost if filed with the I-485.

If you want she can apply for AP or EAD alone but she will have to pay.

[Old Dominion 26]

Your only path is to file for the AOS, EAD, and AP at the same time, the sooner the better, and hope for the best. You'll also need to file a I-130 for an extra fee, since she is out of status. Can she postpone returning to her studies long enough to get the green card? The reason is that once you file for the AOS, it will lead to a joint interview 6-8 months from when you file. If all goes well, she'd have her green card by summertime, and will be free to travel even for extended periods of time.

Being out of status is not uncommon, and if the marriage is bona fide, the USCIS usually overlooks that. They are painfully aware of the high cost of filing the AOS.

[Urge To Race 2]

As Haole said, the OP is not out of status. There is no time limit for filing for AOS. The I-130 would be needed if they married after the 90 days (when she would have been out of status). If they married in the 90 days, they are fine. Regular AOS for K1 applies, no I130.

Your only path is to file for the AOS, EAD, and AP at the same time, the sooner the better, and hope for the best. You'll also need to file a I-130 for an extra fee, since she is out of status. Can she postpone returning to her studies long enough to get the green card? The reason is that once you file for the AOS, it will lead to a joint interview 6-8 months from when you file. If all goes well, she'd have her green card by summertime, and will be free to travel even for extended periods of time.

Being out of status is not uncommon, and if the marriage is bona fide, the USCIS usually overlooks that. They are painfully aware of the high cost of filing the AOS.

[shikarnov 7]

Your only path is to file for the AOS, EAD, and AP at the same time, the sooner the better, and hope for the best. You'll also need to file a I-130 for an extra fee, since she is out of status. Can she postpone returning to her studies long enough to get the green card? The reason is that once you file for the AOS, it will lead to a joint interview 6-8 months from when you file. If all goes well, she'd have her green card by summertime, and will be free to travel even for extended periods of time.

Being out of status is not uncommon, and if the marriage is bona fide, the USCIS usually overlooks that. They are painfully aware of the high cost of filing the AOS.

She doesn't have to go back for long. I don't pretend to understand all the details of the Russian university system, but apparently she only needs to show up for lectures and exams twice per year. So she'd only be gone for a couple of weeks.

As for postponing -- she already took off the last round of exams so that she could make the move to the US, and her university won't allow her to take another period off without forfeiting her degree.

[shikarnov 7]

So if I'm not Out of Status, what do I put in the "Current USCIS Status" field?

[shikarnov 7]

So if I'm not Out of Status, what do I put in the "Current USCIS Status" field?

Anybody know?