AB90

Guys, as much as I appreciate all of your inputs, I hate to see you all fight.

Thank you for your advice, I understand your earlier point of view. However, going back and getting a K1 visa is not an option for me. I'm the one who has to support the family and I can't risk going back at this time. I've been living on credit cards and I need EAD to begin working and start paying off my debts, for however long I can before my AOS gets denied. If there's any way I can get AOS approved, I'd do it.

Did you get I-797C notice that the USCIS received your I-485??? If yes, then I think you have some base to stay here.

Yes, I have received all 4 receipts notices. I have had my biometrics taken too. Now waiting for EAD and AP. Everything is moving along nicely. However, it's the end result I'm concerned about. I and my lawyer believe I-140, 765, and 131 will get approved but 485 will probably not. That is why I'm seeking all of your expert opinions.

It is against the ToS of these forums to direct others not to post.

Is it permitted in ToS to attack others and accuse them of lying?

@canadian_wife I'm not here to prove my honesty, I don't have to prove anything to you. If you don't believe me, fine, I really don't care. I have had enough of your acquisition, I'm not going to take your bs anymore. You don't know what happened, so if you can't add any useful suggestions, please stay away. There're plenty of other people who atleast knows how to talk and are willing to help and I'd rather spend my time replying to them.

Moving on, everyone else, I haven't stayed unlawfully for more than 180 days, so invoking section 245, I filed for AOS. That is all right I believe. It's through the new employer who I have worked for for a few months on CPT, and legally.

The problem is fraud. USCIS terminated my F1 status due to that, and since I had no other status, I was asked to depart. The letter did mention "fraudulent document" but they haven't ban me, but did mention it may be difficult for me to return in the future if I stay unlawfully.

My lawyer is good but he too is not sure how USCIS would respond to this. He said this AOS application would buy me some time and almost certainly I'll need a 601 waiver later.

@canadian_wife I agree with what you're saying, but hey, people make mistakes, and I made one too not knowing what I should have known.

@jessdak That's what happened.

@anitafeliz I don't know how, I'm not charged for fraud or misrepresentation. I only received a letter from DHS/USCIS asking to leave or call their helpline. But I had filed AOS by then.

@hypnos I already have one, they told me only a hardship waiver from my future wife once we get married would help.

Here's my story and I desperately seek your advice. I'll try to keep it short and precise.

I've been in F1 status which got terminated. My previous employer produced fraudulent document (without my consent) and USCIS knows about it, now the fault is mine, and I don't think I can prove it otherwise.

Fast forwarding, USCIS terminated my status, and asked to leave United States. My H1B also got denied. I had a labor approved and my priority date is current. I'm also scheduled to get married in about a month, so leaving is not an option. However, USCIS haven't sent me any NTA either.

So I spoke with multiple lawyers and after lots of advices, I decided to retain a lawyer and filed for AOS right away with my approved labor mentioning section 245. The lawyer said only way I could get 485 approved is through a hardship waiver.

While filing 485, I did mention Yes in one of the questions and provided an explanation that I was unaware that I was violating any law. Now it's been more than a couple of months, I have had my fingerprint taken, but no updates so far.

Now I'm neither legal or illegal here, and I have no idea how long we have to bear this ordeal.

Any suggestion, possible outcome, or even unlikely solution is truly appreciated.