I-485 Supplement A

[akb427 0]

I am a Canadian citizen who was here on a F1 visa. I graduated May 2020, my OPT start date was 7/20/2020, and my OPT expired 7/19/2021. I got married 7/14/21 but spoke to a lawyer prior who informed me that I will have to file for an adjustment of status. Although it's been a year since I've been married to my husband who is a US citizen, will I still be considered for adjustment of status since I got married before my OPT expiration date (while I was still in status)? 

 

If yes and I proceed with the i485 Supplement A form, questions regarding Part 3. Bars to Adjustment -

 

-You are not in lawful immigration status on the date of filing your application for adjustment of status. - Yes because I am no longer in status since my work authorization expired 7/19/21?

-You have ever failed to continuously maintain a lawful status since entry into the US, unless your failure to maintain status was through no fault of your own or for technical reasons. - Yes, since I am fallen out of status? The wording on this question is a bit unclear to me

-You are seeking employment-based adjustment of status and you are not maintaining a lawful nonimmigrant status on the date of filing your application for adjustment of status. - I was authorized to work under my F1 visa through OPT and although I am not employed through that company anymore, I would like to like to seek employment in the future (not sure if this is relevant for Supplement A or more-so for the i-765 form).

 

With the remaining options for Bars to Adjustment, it seems like these 3 options best describes my situation and the rest aren't applicable. Thanks

[arken 4,197]

I485 supplement A is not required. Just file i485 along with i130 or i130 receipt notice if already filed.

Edited July 15, 2022 by arken

[SalishSea 17,927]

57 minutes ago, arken said:

I485 supplement A is not required. Just file i485 along with i130 or i130 receipt notice if already filed.

 

Hasn't OP been out of status for over a year?  Marriage itself does not confer status.

[arken 4,197]

12 minutes ago, Jorgedig said:

 

Hasn't OP been out of status for over a year?  Marriage itself does not confer status.

Op is likely talking about adjusting thru marriae with a USC in which case i485A is not required, just the i485 along with i130 for sure.

 

To the OP.

What is the basis of your i485? 

[akb427 0]

52 minutes ago, arken said:

Op is likely talking about adjusting thru marriae with a USC in which case i485A is not required, just the i485 along with i130 for sure.

 

To the OP.

What is the basis of your i485? 

Apologies, what do you mean basis for the i485? Do you mean filing category? I selected family based (immediate relative of U.S. citizen) which in this case, would be my husband?

[arken 4,197]

45 minutes ago, akb427 said:

Apologies, what do you mean basis for the i485? Do you mean filing category? I selected family based (immediate relative of U.S. citizen) which in this case, would be my husband?

Is i130 already filed or being filed with i485?

[akb427 0]

48 minutes ago, arken said:

Is i130 already filed or being filed with i485?

I was planning on doing the i130 and i130A with the i485

[SalishSea 17,927]

18 minutes ago, akb427 said:

I was planning on doing the i130 and i130A with the i485

So how will you adjust status from being out of status?

[akb427 0]

1 hour ago, Jorgedig said:

So how will you adjust status from being out of status?

From the sounds of the lawyer, it sounded like that I would be filing for adjustment of status if I were to get married before my OPT expiration date, not file before my expiration date but it seems to be the opposite?

[arken 4,197]

5 hours ago, akb427 said:

From the sounds of the lawyer, it sounded like that I would be filing for adjustment of status if I were to get married before my OPT expiration date, not file before my expiration date but it seems to be the opposite?

This has no meaning in immigration. When you married doesn't matter. Now that you are married with a USC, just file i130, i130A, i485 along with EAD, AP and of course i864 and medical. I485A is not required.

 

6 hours ago, Jorgedig said:

So how will you adjust status from being out of status?

Thru i485. Being out of status is forgiven for OP.

[Bob in Boston 734]

7 hours ago, Jorgedig said:

So how will you adjust status from being out of status?

My wife was out of status for 24 years when we got married. Was not an issue and all is forgiven. Only requirement is that you came here legally and was inspected at the boarder. You'll need your I94 information. Took us a year to get that but that's another story.  We never filed a 485a either. 485 130 131 765 864, that's it. 

 

Edited July 16, 2022 by Bob in Boston

[EM_Vandaveer 2,408]

I-485A does NOT pertain to your situation. Do not file it, just the rest of the forms.

[Demise 1,295]

20 hours ago, akb427 said:

I am a Canadian citizen who was here on a F1 visa. I graduated May 2020, my OPT start date was 7/20/2020, and my OPT expired 7/19/2021. I got married 7/14/21 but spoke to a lawyer prior who informed me that I will have to file for an adjustment of status. Although it's been a year since I've been married to my husband who is a US citizen, will I still be considered for adjustment of status since I got married before my OPT expiration date (while I was still in status)? 

 

If yes and I proceed with the i485 Supplement A form, questions regarding Part 3. Bars to Adjustment -

 

-You are not in lawful immigration status on the date of filing your application for adjustment of status. - Yes because I am no longer in status since my work authorization expired 7/19/21?

-You have ever failed to continuously maintain a lawful status since entry into the US, unless your failure to maintain status was through no fault of your own or for technical reasons. - Yes, since I am fallen out of status? The wording on this question is a bit unclear to me

-You are seeking employment-based adjustment of status and you are not maintaining a lawful nonimmigrant status on the date of filing your application for adjustment of status. - I was authorized to work under my F1 visa through OPT and although I am not employed through that company anymore, I would like to like to seek employment in the future (not sure if this is relevant for Supplement A or more-so for the i-765 form).

 

With the remaining options for Bars to Adjustment, it seems like these 3 options best describes my situation and the rest aren't applicable. Thanks

Supplement A is used in cases when applying under 245(i), which basically requires you to have been petitioned for before April 30, 2001. I'd imagine there's maybe still somewhere around 100-200 gremlins like that in the wild. You will not file it.

 

In your case - marriage to a US Citizen, falling out of status, unauthorized employment, or otherwise failing to abide with terms of your admission are not bars to adjustment. Own up to them on I-485 and you will get approved.

 

The three items you listed come from INA 245(c), bars to adjustment. First two are under INA 245(c)(2) which is not applicable to immediate relatives (including spouses) of US Citizens. The third is INA 245(c)(7) and INA 245(c)(8), both are which only applicable to adjustment via work - you aren't doing that so not applicable.

[powerpuff 6,729]

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