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Adjustment of status

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. 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. 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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. 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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  4. 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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  5. 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 constitute legal advice. The readers of this information should not act based solely based on information contained herein. Answers can only be general, as specific responses can only be provided with full knowledge of case facts.

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