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roxythecat

Submitting I-485 at end of TN grace period: what happens to status?

By roxythecat in Adjustment of Status from Work, Student, & Tourist Visas

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roxythecat Rookie

roxythecat   0

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Hi all,

 

My partner and I are getting married on Feb 5th, and the 60-day grace period on my current TN visa ends on February 19th (I was teaching in the fall semester, and I just learned that my contract was not renewed so I have no plans to get a new TN visa).

I plan to submit the I-485 immediately after getting married. Assuming it will take longer than two weeks for the I-485 to get approved, I'm wondering what will happen to my legal status after Feb 19th. Will that count as a visa over-stay, or do I get some sort of provisional status just by submitting the I-485?

 

thanks in advance!

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igoyougoduke Experienced

igoyougoduke   1,604

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34 minutes ago, roxythecat said:

he's a US citizen.

Your legal status doesn’t matter as the marriage is to a citizen. Your 485 filing allows you to stay  but not work or travel abroad. You can travel once you get advance parole and work once you get EAD. Also it will be take a while to get 485 approved. It’s not 1-2 week approval process 

duh

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roxythecat Rookie

roxythecat   0

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5 minutes ago, Donald120383 said:

Your legal status doesn’t matter as the marriage is to a citizen. Your 485 filing allows you to stay  but not work or travel abroad. You can travel once you get advance parole and work once you get EAD. Also it will be take a while to get 485 approved. It’s not 1-2 week approval process 

Thank you—so to be clear, the moment I *file* a 485, I am legally allowed to stay in the US? In other words, the day that it's post-marked?

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igoyougoduke Experienced

igoyougoduke   1,604

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25 minutes ago, roxythecat said:

Thank you—so to be clear, the moment I *file* a 485, I am legally allowed to stay in the US? In other words, the day that it's post-marked?

Yes it is called authorized stay. Filed and received by USCIS 

duh

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