Crazy Cat

To add to my previous comment, here is another reference from USCIS explaining that immediate relatives are exempt from this bar to adjustment of status.: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 F. Bars to Adjustment of Status An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.[99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.[100] The table below refers to aliens ineligible to apply for adjustment of status, unless otherwise exempt.[101] Aliens Barred from Adjustment of Status Alien INA Section Entries and Periods of Stay to Consider Exempt from Bar Alien Crewman[102] 245(c)(1) Only most recent permission to land, or admission prior to filing for adjustment VAWA-based applicants In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment 245(c)(2)[104] All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105] VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[108]

If she goes out of status, she will never be able to adjust status through through an LPR. USCIS policy says all her time inside the US must be in legal status (they consider all entries). I would suggest she leave very soon and go the consular processing route. Keep in mind that she cannot re-enter the US later as a visitor with the intent to stay and adjust status. Good luck.

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They don't always. Isn't it a great feeling that you are out from under the thumb of USCIS? Now, get that passport, and enjoy life, Citizen!!

That is exactly what I did in August of 2022. It worked for us.

Congratulations!!!! Thanks for the update. This emphasizes that fact anyone with a pending I-751 should absolutely prepare for a combo interview.....Thank you!!

Best course of action is to just give them what they want. Good luck on the rest of your journey.

Yes. "Has ever been employed" means.......ever. You are fine.

Sleep well tonight because this is not an issue you need to worry about. This is not a bar to adjustment of status for an immediate relative of a US citizen. You do not need a lawyer for this. https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 B. Immediate Relatives Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.[2] An adjustment applicant applying as an immediate relative may be eligible to adjust status even if: The applicant is now employed or has ever been employed in the United States without authorization; The applicant is not in lawful immigration status on the date he or she files the adjustment application; The applicant has ever failed to continuously maintain a lawful status since entry into the United States; The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen; The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or The applicant has ever violated the terms of his or her nonimmigrant status. In other words, your concern is not an issue...and now, you have an approved EAD....Good luck on the rest of your journey.

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Bad idea. Visiting Mexico does not reset the clock or make any difference. If CBP suspects she is abusing her B2 (actually living in the US), then they can revoke the visa and even ban her from the US for years.

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I have one question for @Pat J: On what date does the 1 year of the temporary I-551 end?

That is not what official USCIS documents say: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs "When a new immigrant first enters the U.S., U.S. Customs and Border Protection (CBP) will stamp the passport with an admission stamp that indicates the immigrant has permanent resident status" If your Green card arrives, it means CBP failed to do their job!!! Please keep us updated.

AR-11 would probably work.

No. Not needed for an I-134. An I-865 is for sponsors and joint sponsors who who have submitted I-864s only. I-134s are not really enforceable and are valid for only 90 days after the K-1 visa holder arrives in the US.

That is absolutely inaccurate. There is no such thing as "automatically endorsed". As I stated above, immigrant visas must be endorsed for 2 reasons. They have stopped stamping VISITOR visas, but immigrant visas MUST be endorsed. We know what we are talking about. That tier 1 rep you spoke to is clueless.

I agree 100%. I would immediately contact the issuing consulate.

The fact is that all immigrant visas must be endorsed. First, it starts the processing of the actual Green card. Secondly, the date on the endorsement reflects when the temporary Green card expires...i.e., one year.

You do not have a stamp like @olduser posted>? If not, how do you know when the "acts as......" expires?

I hope so.

That means the fee was paid BEFORE you entered the US. It is irrelevant to whether your Green Card is being produced since it is only one of the required conditions. I hope CBP actually endorsed your visa.