Form 1-485 "Current Status"

[Flint 0]

Hi,

We are in the process of filing to adjust my husbands status from F1 visa. He overstayed his visa by a few months, (less than 180 days). On form i-485 and form i-765 it ask for his "current" status. Since he is out of status we are unsure of what to put in that field.

would it be okay if he just puts F1 or should he put "F1 overstay"??

Thanks for your help

[TinTin and Samby 11]

"Adjusting Status".

[Bobby+Umit 161]

No, your current status would be "F1 overstay"

You status will not change to "adjusting status" till you get the NOA for the AOS.

Edited April 18, 2009 by Bobby_Umit

[TinTin and Samby 11]

I would not advise writing "F1 Overstay" on any form. "Adjusting Status" or "Adjustment Applicant" is a much better recommendation.

[Bobby+Umit 161]

I would not advise writing "F1 Overstay" on any form. "Adjusting Status" or "Adjustment Applicant" is a much better recommendation.

Again, it is asking for current status. Not "future status". Right now, the current status is "overstay" on the F-1 visa.

Once they get the NOA for the AOS, then it is "pending status".

USCIS knows your adjusting status when you send in the adjustment of status form. They want to know what your status is now, at the time of filing.

If he gets stopped by ICE, and they check his status now, they will say his current status is "overstay" (this is prior to getting the NOA). But if he show them the NOA, then know he is "pending status".

If you fill out any form, and misrepresent your information, it could be used to deny your petition/application.

[Bobby+Umit 161]

And if you still feel uncomfortable writing "overstay", you could put "F-1" then write in the expiration date of the F-1.

They can still see your out of status, due to the date, however, since you are married and AOS, it will not matter, eiter way.

[Otto 83]

I would simply write "F1 Visa Holder" and in the next field fill in the expiration date (on the I-485, expiration date not asked on the I-765) (They can do the math)

[JERIII 8]

Hi,

We are in the process of filing to adjust my husbands status from F1 visa. He overstayed his visa by a few months, (less than 180 days). On form i-485 and form i-765 it ask for his "current" status. Since he is out of status we are unsure of what to put in that field.

would it be okay if he just puts F1 or should he put "F1 overstay"??

Thanks for your help

When you say he overstayed his visa, what do you mean? The F1 is an entrance visa, so the fact that it is expired doesn't mean anything.

Was he on OPT? What does his I20 say? His I-94?

(I would not write F1 overstay. Deciding whether he has overstayed is not your call.)

[Bobby+Umit 161]

Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered “out of status.”

Failure to maintain status can result in arrest, and violators may be required to leave the United States. Violation of status also can affect the prospect of readmission to the United States for a period of time. Most people who violate the terms of their status are barred from lawfully returning to the United States for years.

Recognize And Avoid Status Violations

By violating the requirements that govern your immigration status, you may jeopardize your ability to remain in the United States as a student or exchange visitor. Examples of violations include the following:

Failure to leave the United States following completion of your course, exchange visitor program, or program-related employment.

For academic students (visa category F-1): Failure to maintain a full course load without prior authorization for a reduction from your designated school official.

Source: Maintaing your status as student/exchange

[TinTin and Samby 11]

Bobby, you're a bit too black & white for me. Nothing in this world is that black and white, particularly this immigration process.

The OP is asking what status to put ON THE APPLICATION FOR AOS. Therefore, it *IS* the current status to write "AOS Applicant". Again, I would not recommend writing " F1 Overstay" on this form.

-Samby

Edited April 20, 2009 by TinTin and Samby