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CC90

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Posts posted by CC90

  1. The approval notice will be the actual card. If you sign up for email alerts, you'll get the email/text message when it is approved. She's in LPR status at that time.

    She's in lawful status while the I-485 is processing, but if for any reason it is denied (even for something simple that you could refile for), you won't be able to refile if she drops the I-20 and isn't in F-1 anymore.

    The EAD and AP take 2-3 months; sometimes people even get the green card first. Even when you get these, it still isn't fully safe to drop the I-20. I also wouldn't plan to leave the country until it's done.

  2. She is no longer in lawful status and cannot apply for AOS. She will have to leave and receive an immigrant visa from a consulate. 245k relief only applies to employment-based adjustments, and unlawful presence/employment is only disregarded for US citizen petitioners otherwise.

    Why you voluntarily terminated the I-20 before she received a green card is beyond my comprehension. If you didn't do so, she would be able to adjust.

    The I-485A does not apply to you--read the instructions.

  3. It's the Korean laws that prevent large outbound sums like the ones you describe. Suffice to say I just know.

    On the US side, depending on the amount and when it occurred, you may have US tax obligations. If it was over $10K, it was already reported to the IRS. Talk to a tax expert on this.

    There's nothing you can do to "hide" the transfer. If it's in her account without your name, I'm not sure what you're worried about. Just explain the truth and you'll be fine. They have responsibility over immigration laws, not taxes.

  4. US immigration is very complicated and sometimes funny. The case you site is an example but unfortunately yours is different. You are on F-1 status is different from HB1. Like I said your are best advised to talk a lawyer. Infopass the immigration officer will just tell you what appears on the screen.

    Yes, it was an example, but I also know personally people that have adjusted from an LPR spouse.

  5. From my understanding a spouse and a child of a permanent resident cannot adjust status in the states. That is why the letter says your approval had been sent to the national visa center. I am pretty sure about that but you can talk to a lawyer who offers free consultation

    When the number becomes current and the beneficiary is otherwise in legal status, it's possible.

    H1-B visa holders adjust all the time based on employment green cards, too. It's not just for IRs of USCs.

  6. You are not eligible for adjustment because your wife is a permanent resident. when she becomes a citizen, you can adjust your status here. Beneficiaries of GC holders are only eligible to adjust their status in their home countries or countries of residence. This has nothing to do with your F-1 status.

    This is currently not true. He can file an I-485 because a visa number is available for spouses of permanent residents (F2A).

  7. Would you recommend filing everything even though USCIS said I wasn't eligible for AOS?

    Harpa is correct on this. Very rarely do these messages mean what they say. They are boilerplate and match a programmed workflow. A human does not type them each time.

    If the office is close and you would feel more comfortable, you can do infopass. However, based on the info you provided, you can send in the I-485 and start.

  8. I didn't intend to imply that you should give more info, because that would require a lengthy life story with a lot of personal information.

    If you were in status, I'm not sure why they don't think you're eligible. It could be an error or due to another detail that you may or may not know.

    If it were me, I would first want to see the exact I-130 and I-485 you filed. There might be something there that would explain it.

  9. First, don't even try to call the USCIS line; there's no information that will help you.

    You should be eligible for adjustment _IF_ you were in status the entire time. USCIS might think you've been out of status; I'm not sure why based on the information you gave.

    Your best best is Infopass I suppose, or talking to a lawyer. You didn't provide enough information for anyone to render a full opinion.

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