Out of status AOS (split)

[Stylish 3]

On 9/8/2019 at 10:03 AM, payxibka said:

It means exactly that.   She had no evidence to prove she is legally in country because the i94 will have expired.   

 

It is typically a moot issue, but there has been a recent report where someone was in the wrong place and came upon law enforcement and not having submitted the AOS documents was a  problem. 

Hi, what do u put on the I-485 application if you're out of status?  Do you put there "OUT OF STATUS"? And does this affect your application even if your I-94 has D/S and your visa expired years ago?

[Stylish 3]

On 9/20/2019 at 2:50 PM, geowrian said:

The only requirement to be eligible to AOS based on the underlying I-129F is the marriage within 90 days of entry.

 

Another obligation of the K-1 visa - like any NIV - is not to violate status, such as by overstaying.

Failure to meet that obligation may or may not result in consequences, depending mostly on if you get caught.

But failure to maintain status won't impact one's eligibility to file for AOS as the spouse of a USC.

Hi, are you saying if I am out of status and I file a I-130 and I-485 as a USC spouse, i could still get my green card?

[payxibka 10,044]

5 minutes ago, Stylish said:

Hi, what do u put on the I-485 application if you're out of status?  Do you put there "OUT OF STATUS"? And does this affect your application even if your I-94 has D/S and your visa expired years ago?

Don't confuse things.  On the i485 you put your most recent entry status regardless whether or not the i94 is expired 

4 minutes ago, Stylish said:

Hi, are you saying if I am out of status and I file a I-130 and I-485 as a USC spouse, i could still get my green card?

Yes you can still adjust 

[Ontarkie 13,915]

~~Hijack post and related replies split off from an unrelated thread. Thread also moved to AOS from Work, Student and Tourist Visa, from AOS from K1~~

[HRQX 4,145]

1 hour ago, Stylish said:

Hi, what do u put on the I-485 application if you're out of status?

Put "No status" for current immigration status.

1 hour ago, Stylish said:

i could still get my green card?

Yes: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

[Stylish 3]

29 minutes ago, HRQX said:

Put "No status" for current immigration status.

Yes: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Thanks so much, that was really helpful. I appreciate your help.

[geowrian 22,335]

2 hours ago, Stylish said:

Hi, are you saying if I am out of status and I file a I-130 and I-485 as a USC spouse, i could still get my green card?

As others noted, yes you can still qualify for a green card as the spouse of a USC.