Adjustment of status

Asked 12 months ago - Coram, NY

i came to the us as a visitor in october and got married to my bf who is a US citizen in january he later filed an i130 petition for me in march we got a reciept from the uscis saying it was recieved can i go ahead and file i485 without hearing from them or anything as i am just finding out that i am the coutry illegally

Attorney answers (5)

  1. Harry Asatrian

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . In most cases, if you enter the U.S. and were inspected and admitted, and marry a USC you should be able to adjust your status to a LPR even if you overstay your authorized stay in the U.S. Seek immigration counsel to make sure your are eligible and not inadmissible for any reason.

    Good luck!

  2. Dean P Murray

    Contributor Level 18

    7

    Lawyers agree

    Answered . You should consult an immigration lawyer immediately and review your case in detail. You should have been able to file the I-485 concurrently with the I-130 inasmuch as visa numbers are immediately available to spouses of U.S. citizens. You are likely not unlawfully present in the U.S. However, you do not have status and you are a "visa overstay". You can still adjust status to LPR (permanent resident). However, a lawyer would be interested in how quickly you got married after entering the U.S. on the B1/B2 visa. You may undergo additional scrutiny from USCIS if you got married too soon. Best bet - schedule a consultation with an immigration lawyer.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  3. Helen Ramirez

    Contributor Level 12

    6

    Lawyers agree

    Answered . You should consult an immigration attorney, since you should have filed both the I-130 form and the I-485 concurrently. Since you failed to do that, it is best to wait for the approval of the I-130 before filing the I-485.

    Good luck.

    The information contained on this page is for educational and informative purpose only. This response does not... more
  4. Theodore John Murphy

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You should have filed both forms together. Better to wait now until the I-130 has been approved.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  5. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . You need to meet with a lawyer ... you should have filed the I-485 at the same time.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
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