Got married 4 months after visitor visa expired but applied for an extension

[Wierobles 8]

I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

[Khallaf 650]

4 minutes ago, Wierobles said:

I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

Edited December 6, 2018 by Khallaf

[SalishSea 17,921]

10 minutes ago, Khallaf said:

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

I thought you had to be in status to adjust status?

[Khallaf 650]

Just now, Jorgedig said:

I thought you had to be in status to adjust status?

when you come into the USA on a visitor visa, and then marry a USC you are technically out of status, and can be deported as you are now on an overstay, but this overstay is forgiven as a spouse of a USC, once the AOS papers are submitted then you become on an allowed stay until petition is approved or denied.

[aaron2020 11,651]

1 minute ago, Jorgedig said:

I thought you had to be in status to adjust status?

True, but there's an exception.  

 

The Immediate Relative of a USC can adjust status even if they were legally admitted into the US and overstays on the VWP or any other US visa.

The Immediate Relative of a USC can not adjust status because that person was never legally admitted into the US.

[Aj06 11]

1 hour ago, Wierobles said:

I got married in July 2018, 4 months after my visitor visa (VV) expired. We are still completing documentations for the I-130 and I-485 requirements. I applied for an extension of stay for another 5 months prior to the expiration of my VV. I received a RFE reply only in mid-October with November as its deadline of submission. I did not reply to it. Will this be a ground for disapproval should I eventually file for I-130 and I-485?

Once u have ur receipt notice from uscis for the extension, u r in a period of authorize stay until a decision is made.However since u did not reply to the RFE most likely the extension will be denied.

If ur spouse is a usc u will be fine,u can still file ur i130 and i485 package,since overstay is forgiven for spouse of usc.

[Wierobles 8]

1 hour ago, Khallaf said:

you came on visitor visa, you overstayed got married, you are now on overstay.

 

you are not authorized in the USA at all, and yet your waiting to file for AOS??

 

you can be picked up and deported, what could be your reason for not sending the papers to adjust status?

 

get it done asap, overstay are forgiven when married to USC, but this will not help you if you get deported before you file your papers.

Thank you for this reply.

 

11 minutes ago, Aj06 said:

Once u have ur receipt notice from uscis for the extension, u r in a period of authorize stay until a decision is made.However since u did not reply to the RFE most likely the extension will be denied.

If ur spouse is a usc u will be fine,u can still file ur i130 and i485 package,since overstay is forgiven for spouse of usc.

Thank you for this reply.

[Wierobles 8]

1 hour ago, aaron2020 said:

True, but there's an exception.  

 

The Immediate Relative of a USC can adjust status even if they were legally admitted into the US and overstays on the VWP or any other US visa.

The Immediate Relative of a USC can not adjust status because that person was never legally admitted into the US.

Thank you for this reply.

1 hour ago, Jorgedig said:

I thought you had to be in status to adjust status?

Thank you for this reply.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.