Immigration.com

Form I-485

File I-485 while J-1 waiver is pending

14 years ago By Chief Editor
Question details

I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?

To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.

Legality of I-485/I-130 filing

14 years ago By Chief Editor
Question details

I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.

This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.

AOS and EAD

14 years ago By Chief Editor
Question details

I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.

It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.

EAD restriction for 245i

14 years ago By Chief Editor
Question details

I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

USCIS Revises Form I-485 and Filing Locations

14 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485.  In addition to a revised form, there are new filing locations.  The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities.  Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

DOS Updates – 02/10/2010

14 years ago By Chief Editor

E Visa company registrations -  It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation. 
 

Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:

I130/485 for wife

14 years ago By Editor
Question details

I will become a US citizen in Jan. 2010. My wife is an F-1 student but will graduate on 12/12/09. Is there any problems if I file I-130/485 for her be the end of her grace period(2/10/10)?

I do not see any problem if the 130/485 is filed during the 60 days following the F-1. In any case, she can and should apply for OPT.

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