Spouses and minor children of Lawful Permanent Residents can file for I-485 Adjustment of Status starting July 1, 2019

[aliwaqas707 2]

Hello

 

I heard that Spouses and minor children of Lawful Permanent Residents can file for I-485 Adjustment of Status starting July 1, 2019. 

 

Generally, the Adjustment of Status is the process by which an eligible foreign national already in the United States can apply for permanent residence without having to return to their home country to obtain a visa through consular processing. Adjustment of status refers to the change of the foreign national’s legal status from a non-immigrant (temporary) category to an immigrant (permanent) category.

 

Please if anyone can let me know if this is true information.

 

Thanks

[SusieQQQ 11,585]

2 minutes ago, aliwaqas707 said:

Hello

 

I heard that Spouses and minor children of Lawful Permanent Residents can file for I-485 Adjustment of Status starting July 1, 2019. 

 

Generally, the Adjustment of Status is the process by which an eligible foreign national already in the United States can apply for permanent residence without having to return to their home country to obtain a visa through consular processing. Adjustment of status refers to the change of the foreign national’s legal status from a non-immigrant (temporary) category to an immigrant (permanent) category.

 

Please if anyone can let me know if this is true information.

 

Thanks

Are you referring to someone who is already in the US in valid non immigrant status?

[aliwaqas707 2]

2 minutes ago, SusieQQQ said:

Are you referring to someone who is already in the US in valid non immigrant status?

yes i am talking about the spouse of GC on visit visa in US

[SusieQQQ 11,585]

1 hour ago, aliwaqas707 said:

yes i am talking about the spouse of GC on visit visa in US

In my opinion, it’s problematic entering on a visit visa and then adjusting as spouse of LPR, it raises questions about misrepresentation of immigrant intent on entry.  (If the person was here on a student or work visa, that’s not problematic as the purpose of entry is clear.) When did this spouse enter the country?

[aliwaqas707 2]

5 hours ago, SusieQQQ said:

In my opinion, it’s problematic entering on a visit visa and then adjusting as spouse of LPR, it raises questions about misrepresentation of immigrant intent on entry.  (If the person was here on a student or work visa, that’s not problematic as the purpose of entry is clear.) When did this spouse enter the country?

The spouse entered on visit visa in 2016 and then frequently traveled the US because of the 6 month restriction he entered and exit the US.

 

Thanks 

[SusieQQQ 11,585]

53 minutes ago, aliwaqas707 said:

The spouse entered on visit visa in 2016 and then frequently traveled the US because of the 6 month restriction he entered and exit the US.

 

Thanks 

What was the date of last entry - assuming spouse is actually currently in the country? If not already in country right now - no way you can do this, it will be clear immigration fraud. 

its already looking like spouse is trying to live here on visit visa from what you said ...

when did you file i130?

Edited December 3, 2019 by SusieQQQ

[aliwaqas707 2]

1 hour ago, SusieQQQ said:

What was the date of last entry - assuming spouse is actually currently in the country? If not already in country right now - no way you can do this, it will be clear immigration fraud. 

its already looking like spouse is trying to live here on visit visa from what you said ...

when did you file i130?

Last entry was in last week of june 2019

[SusieQQQ 11,585]

18 minutes ago, aliwaqas707 said:

Last entry was in last week of june 2019

So authorized stay period is just about up?

 

you didn’t answer, when did you file i130?

Edited December 3, 2019 by SusieQQQ

[SusieQQQ 11,585]

I’ve just had a quick look at your post history. Just the first page is full of contemplating various schemes and ways to get your spouse to stay. What happened to the j1 visa? Why did you not just file the i130 when you got married?

[ADW & JOP 146]

14 minutes ago, SusieQQQ said:

I’ve just had a quick look at your post history. Just the first page is full of contemplating various schemes and ways to get your spouse to stay. What happened to the j1 visa? Why did you not just file the i130 when you got married?

More to the point, it seems like they have already committed immigration fraud as the post history clearly dates back to May 2019 when they asked for help to adjust status from J1/tourist visa..

[SusieQQQ 11,585]

52 minutes ago, ADW & JOP said:

More to the point, it seems like they have already committed immigration fraud as the post history clearly dates back to May 2019 when they asked for help to adjust status from J1/tourist visa..

Yes, plus the problems for OP that spouses of LPRs do not get the same kind of protection as those of citizens in the immigration process. Any kind of being out of status at all means the spouse cannot adjust and will have to go back and do consular processing. Wonder if the OP realizes spouse will not be able to travel or work for 4-6 months while awaiting AP/EAD, or that there may be up to another two year wait for a green card if the category retrogresses after filing, which is highly likely. And if after all that there is a finding of misrepresentation of intent on entry ...it’s back to the start line again.  

[aliwaqas707 2]

1 hour ago, SusieQQQ said:

So authorized stay period is just about up?

 

you didn’t answer, when did you file i130?

I did not file i130. someone told me that I-485 is to adjust the status of spouse of Green Card without exit the US. so i was wondering that if i can file the I-485 to keep my spouse here in US.

 

Thanks

[SusieQQQ 11,585]

27 minutes ago, aliwaqas707 said:

I did not file i130. someone told me that I-485 is to adjust the status of spouse of Green Card without exit the US. so i was wondering that if i can file the I-485 to keep my spouse here in US.

 

Thanks

What “someone”? You can’t file I485 without filing an I130, either before or with. The I130 first needs to get processed before they will look at the adjustment of status application. I am surprised you have been on this site for months and not even checked the guides?  If your spouse is out of status even one day she will not be able to adjust status and will have to leave anyway and do consular processing. Your trying to jump the line could have bad consequences. 

Edited December 3, 2019 by SusieQQQ

[Nitas_man 3,100]

4 hours ago, aliwaqas707 said:

I did not file i130. someone told me that I-485 is to adjust the status of spouse of Green Card without exit the US. so i was wondering that if i can file the I-485 to keep my spouse here in US.

 

Thanks

No

[Duke & Marie 1,389]

6 hours ago, ADW & JOP said:

More to the point, it seems like they have already committed immigration fraud as the post history clearly dates back to May 2019 when they asked for help to adjust status from J1/tourist visa..

Absolutely agree... his post history is visa shopping 

 

B2 adjustments

J1 adjustment

Asylum Seeking Questions

Now AOS

 

I have a recommendation for OP.. send wife home, file I130 for CR1 and get in line like the rest of us! People trying to abuse the system are the ones making it a nightmare for those trying to do the right thing!