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Can I file I-485 after being out of stay for less than 180 days

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Hi everyone, I filed form I-130 for my husband it's been approved. Our PD is march 2016 which is current to adjust status now. But he has been out of stay since may 4 2017. It's been less than 180 days after stay expired can he still apply for adjustment of status.

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Hi everyone, I filed form I-130 for my husband it's been approved. Our PD is march 2016 which is current to adjust status now. But he has been out of stay since may 4 2017. It's been less than 180 days after stay expired can he still apply for adjustment of status.

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Hi everyone, I filed form I-130 for my husband it's been approved. Our PD is march 2016 which is current to adjust status now. But he has been out of stay since may 4 2017. It's been less than 180 days after stay expired can he still apply for adjustment of status. Are there any risks attached to filing.

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No. He must have a legal status to adjust from as the relative of an LPR. Overstay is not ignored here. He needs to interview abroad. He needs to leave before 180 days or else he will have a 3 year bar when he leaves (and 10 year bar after a year).

 

Edit: For reference, he's at 140 days of unlawful presence as of today.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

?/?/18: Approved (hopefully)

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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  Overstays are not forgiven for spouses of LPR so there is no way he will get a visa in the US unless you become a USC before your interview.  If he doesn't leave before 180 days he will be subject to a ban and will not get a visa out of the US either.  Time for him to pack his bags and get out of the US if you want to be together soon.


This will not be over quickly. You will not enjoy this.

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~Three identical threads merged. OP, stick to one topic per question~

VJ Moderation


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

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