Need help answering I-485 Visa Overstay

[SolidGround37 1]

Hello, me and my partner (USC) are filling out all the forms for me to change from an F1 to a GC, but there is some confusion. I have been out of status for a while now without leaving the country, but there is some confusion regarding the I-485 form.

 

- For question 13 under part 9, “Have you ever violated the terms or conditions of your nonimmigrant status?”
 

I put down “Yes” here since I overstayed.
 

However,

 

- For question 76 under part 9, “Since April 1, 1997, have you been unlawfully present in the US? You were unlawfully present in the US if you were present in the US after the expiration of the period of stay authorized by the DHS Sec or were present in the US without being admitted or paroled.”

 

What exactly do I answer here? My I-94 states “Duration of Status (D/S)” and I entered the country legally. Haven’t found a clear answer anywhere online regarding this question. Would it be “No” since I have D/S on my I-94 and the Fed hasn’t found me in violation of my status?

[Dashinka 25,429]

If your legal status expired and you are now unlawfully present then check yes, and explain the circumstances of when your authorized stay expired in Part 14.

 

Good Luck!

[smilingstone 331]

You were unlawfully present so you check YES. 

[OldUser 8,911]

11 hours ago, SolidGround37 said:

Hello, me and my partner (USC) are filling out all the forms for me to change from an F1 to a GC,

To adjust. Changing is about switching from one non-immigrant status to another non-immigrant status. Like B-1/B-2 to F-1.

 

11 hours ago, SolidGround37 said:

- For question 13 under part 9, “Have you ever violated the terms or conditions of your nonimmigrant status?”
 

I put down “Yes” here since I overstayed.
 

 

This is correct

 

11 hours ago, SolidGround37 said:

- For question 76 under part 9, “Since April 1, 1997, have you been unlawfully present in the US? You were unlawfully present in the US if you were present in the US after the expiration of the period of stay authorized by the DHS Sec or were present in the US without being admitted or paroled.”

 

What exactly do I answer here? My I-94 states “Duration of Status (D/S)” and I entered the country legally. Haven’t found a clear answer anywhere online regarding this question. Would it be “No” since I have D/S on my I-94 and the Fed hasn’t found me in violation of my status?

The answer is also "Yes".

Don't worry, overstay is forgiven for US citizen immigrant spouse, as long as it's honestly disclosed. 

[SolidGround37 1]

Thanks for the responses guys!!

 

 

13 hours ago, OldUser said:

To adjust. Changing is about switching from one non-immigrant status to another non-immigrant status. Like B-1/B-2 to F-1.

 

This is correct

 

The answer is also "Yes".

Don't worry, overstay is forgiven for US citizen immigrant spouse, as long as it's honestly disclosed. 

For question 76 under part 9, would you say it’s necessary to disclose the reason for the unlawful presence other than the time period that they want you to provide in “Additional Info” under part 14.

[Boiler 46,870]

You are adjusting through  marrying a USC, you overstayed, they know you did, it is for want of a better term forgiven so I would be over the top honest with the situation.

[SolidGround37 1]

Thanks for the help guys, I truly appreciate it!