TineCW

2 minutes ago, Jojo92122 said:

You are in lawful status to be in the US once the I-485 is received.

Thank you. Sounds like it is exactly what I need to hear. Let me recap it. So once I receive Form I-797C, Notice of Acton, this puts me in a lawful status?

PS The DMV in Oregon don't have any problems with issuing three 3-months extensions but once you are past 9 months it becomes increasingly difficult to get a fourth extension as they follow all these protocols and a whole slew of managers have to review your case, or so I was told at our DMV.

I've got a different question regarding the change of my status once I-765 has been approved but thought that question warrants a separate post. Thank you for all your input and help!

What Kind Of Status is Assigned Once Form I-765 Has Been Approved While I-485 is Pending?

Hi there,

I've got a different post here  however, thought this question warrants a separate post. 

I am a Dutch citizen who entered the US on the VWP and got married to a US citizen. My partner had submitted Form I-130 to establish our relationship and it was approved eight months later. We didn't file Forms I-485 and I-765 concurrently with the I-130 and are doing so now. 

Does anyone know, once I-485 has been filed together with I-765, will my status change from "pending adjustment of status" to something else after Form I-765, Authorization for Employment has been approved; which, from what I read is supposed to be approved faster than I-485. In other words, when I am authorized to work in the US am I assigned a lawful status? 

As a side note, I've got a little bit of an issue here with DMV because they have refused to extend my US driver's license for the fourth time until I can provide them with some type of lawful status. I am hoping for a lawful status based on my work authorization. 

7 minutes ago, azblk said:

I am not trying to derail you as some poster seems to suggest. Personally I think you will and should be ok after you file your i-485. The point I was trying to make was that even with a pending i-485 you are NOT safe from ICE and if they do come across in the normal pursuit of their duties they will pick you up inspite what most posters in this thread think.

Yes, I totally get your point. Thank you for all your efforts too! You ALL helped me today to be clear on a number of questions I had. 

Just now, Jojo92122 said:

Don't let one single poster derail you.  Everyone else has a different opinion.  You do not have a problem, so file the I-485 ASAP.

Thank you!

32 minutes ago, azblk said:

ICE doesnt need a USCIS referral to come after you. It they come across you for instance in a workplace raid or a grey hound and you can prove you have "papers" believe me they will take you.

5

It sounds like you are talking about very extreme cases. If you engage in illegal work and you are caught in a raid then, of course, you will be subject to deportation. I personally don't work illegally in the US and have stayed away from any temptation to do so for the entire year here. Illegal work just adds an extra dimension of complexity to the already complex US Immigration System.

The attorney who we consulted told us that immediate relatives of US citizens are an exception to the rule when it comes to illegal employment and that USCIS may look past it however it may also add unnecessary problems to your case as you'd have to be able to prove that you didn't commit fraud like e.g. using someone else's SSN.

1 minute ago, missileman said:

You will be in "authorized stay" status.....

I see. Thank you for your clarification!

2 minutes ago, missileman said:

Great.  Make sure you send a copy of the NOA2......once you file the I-485, you are authorized to stay in the US.  As stated above, file for AP and EAD also (if you haven't yet).

I am about to file all I-485 + EAD and of course NOA in the next couple of days. 

FYI, Just came across this statement from USCIS: "A pending adjustment application does not put a foreign national in a lawful immigration status."

2 minutes ago, missileman said:

That just states that you (as an immediate relative)are authorized to stay in the US AFTER you file the I-485.......until you file it, you are out of status.

Totally makes sense. Thank you.

3 minutes ago, missileman said:

Do you have the approval for the I-130?  You should submit the NOA along with the I-485.

Yes, I-130 was approved without any issues eight months from the application.

10 minutes ago, missileman said:

He hasn't filed the I-485 yet.....so he is out of status and subject to deportation, imo.

I've found an answer here. Thank you!

"A foreign national is barred from adjustment of status if the foreign national is in an unlawful immigration status on the date of filing the adjustment application. This bar to adjustment does not apply to: 

•Immediate relatives;"

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

You are free to file a joint tax return if you apply for an ITIN number with the IRS. ITIN is not an SSN. It is issued approximately in two months. 

Thank you! Makes sense. I've just had an immigration medical exam are we are ready to file I-485. 

What is not clear to me is - since I entered the US on the VWP that allows only 90 days of stay, and we filed only I-130, is a case like this considered an overstay? 

Yes, we filed only a Petition for Alien Relative (form i-130) because we had a choice to file I-485 together with I-130 or file it at a later date. Also, we wanted to file a joint tax return with the IRS in order to include it in our green card application; obviously it takes time. 

We are a gay couple. He is a US citizen and I am a Dutch citizen. We met one another in March 2017 via a dating website. We had spent passionate 2.5 months interacting with one another via the Internet before he invited me to the United States for a  visit. 

I came to the USA on the Visa Waiver Program. I didn't intend to stay in the US longer than one month on my first visit and had a return flight ticket. Then one week into my stay with my partner in the US we realized that we were destined for one another and that we would like to be united asap. 

On the ninth day of my arrival in Oregon, we got married. 33 days after our marriage my husband applied to USCIS with a Petition For Alien Relative (form I-130). From what we understood then we had a choice to file for a green card concurrently with Form I-130 or separately at a later date. We chose to file Adjustment of Status after I-130 would get approved. I-130 got approved by USCIS without any problem in exactly eight months and now we are in a process of applying for a green card. 

What remains an unanswered question to me is what is USCIS' stance on people who enter the United States on the Visa Waiver Program and marry here so quickly like we did. Does the 90-day rule apply to this category of people as well? 

Also, my partner filed a Petition For Alien Relative during the 90 day period permitted by the VWP but we didn't file Adjustment Of Status concurrently with I-130, for a year I've been living in the US without a lawful status waiting for the approval of I-130. Is it still considered an overstay if only I-130 was filed first and I-485 we file one year later?