Help!! Can I file I-485 for AOS??

D

djgorkhali

Registered Users (C)
I have an approved I-130 petition, I have a visa no. available.
My wife is a Permanent Resident. She is not a citizen yet, (her case is pending for citizenship, we don't know when they will decide it's been over 2 yrs now.)

I have been out of status for a long time, I came to US in F1 visa in 1992 and overstayed after my college,

Since I have the petition approved and have a visa no. available,
CAN I APPLY FOR GREENCARD USING I-485 TO CHANGE MY STATUS AND GIVE INTERVIEW HERE IN USA???

If I was to go back to my country for interview I am sure I will get a 10 yr ban. What is the process to get a waiver for overstaying so I wont' get a 10 yr ban??

Currently my case is being handled by NVC, and now I want to apply for I-485 along with I-131 & I-765 at the same time, is it wise to do this???

or the only option I have is to wait until my wife becomes a US citizen???

Thank you all for your help!!!
Please Respond.
 
yes, that's your only option. Wait until your wife becomes a citizen but if your priority date is up and if NVC does not hear from you, you visa will be cancelled. After your wife become a USC, she can reapply GC for you using the AOS route. You just need to stay inside the US until you get your plastic. You are still at risk of deportation at anytime until your wife is a USC and filed I130 and I485 for you.
 
I heard somewhere that I can apply for a waiver, so that the 10 yr ban will be lifted???
That way I can go and give my interview in my home country, how true is that??
 
djgorkhali said:
I heard somewhere that I can apply for a waiver, so that the 10 yr ban will be lifted??? That way I can go and give my interview in my home country, how true is that??
Click to expand...

You can only get the waiver due to extreme hardship to a US citizen spouse, which you do not have. You need to wait until your wife becomes a citizen.
 
NVC processing

NVC currently is processing my papers for the interview in my home country, I was trying to fill I-485 so that I could give interview here in USA.

Once I send my tax-papers for sponshorship, I will be getting a date for interview in nepal.

What should I do????
 
I thought if the parent's Citizenship was denied, the children were still eligible to receive their citizenship.. am I wrong???

Can my wife and her brother appeal again so they can get their citizenship??
 
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he did come with F-1, and supposedly, he has D/S in his I-94.... So, maybe, the ban won't apply in his case?
 
I was under the impression, it shouldn't affect the childern, whatever the parents did and it was processed when they were underage and got Green Card when they were still underage.
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it would affect the children, if the parents obtained their GCs fraudulenty and the children were derivatives.
 
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LucyMO said:
he did come with F-1, and supposedly, he has D/S in his I-94.... So, maybe, the ban won't apply in his case?
Click to expand...

So Lucy, does this mean I can go back to my home country and take the interview or should I file for I-485 or should I just wait around for my wife to get her citizenship???

ANY IDEA??
 
In general, out of status makes you ineligible to AOS under F2A. Also since you came to the US with F visa in '92, have you never worked without authorization ? If you did, you are not eligible to AOS as well unless USC sponsors.
 
djgorkhali said:
Thanks GotPR,
I guess I should start knocking CIC door to see when my wife will get her citizenship.??
Click to expand...

if you were already out of status with an expired I94, you are already illegal. you need to hide at home..don't go knock USCIS door yourself, as soon as you go knock their door, you risk yourself in detention and deportation immediately. You just need to pray that your wife's USC will be approved soon and they don't check on your status. If they did check on your status, you'll be in trouble.
 
BestPal I dont' have a I94 that is expired, I have an I-94 with D/S on it,

I think you are right, I might as well shut up and put up with it, But I am going to INS to see when my wife can be USC.

I also found out I should just stick with the NVC processsing for my GreenCard from my home country, because if I leave the country without trying to adjust status here in USA, I won't be subject to any 3 or 10 yr ban. Because my I-94 specifically doesn't say when my stay should end.
 
djgorkhali said:
But I am going to INS to see when my wife can be USC.
Click to expand...

I have a better idea - why doesn't your wife go to USCIS?

because if I leave the country without trying to adjust status here in USA, I won't be subject to any 3 or 10 yr ban. Because my I-94 specifically doesn't say when my stay should end.
Click to expand...

You start to accumulate illegal presence the minute USCIS determines that you are out of status, and sends you a notice to that effect. Can you guarantee that no notice was ever sent?

Are you sufficiently certain of this that you're willing to spend the next decade in Nepal?
 
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