Do I have to maintain Status after I485 Filed

H

harp

New Member
I am on Visitors visa, and allready married to a US Citizen, My i94 expires on 10th April 06, Lets say I file the i485 on Jan 28th, Will I still have to leave the country in April? Or do I get a new status till I get my green card?

Please advise, thank you
Harp
 
No I dont think so

Based on answers given to me above, you don't have to leave country. In fact the Notice of Action is a legal status in itself. This status allows you to stay in the country untill your case is decided.

But filing 1-485 soonafter you arrive in US on a non-immigrant visa may cause problem because of intent. How long ago you came here counts.
 
Actually is not the filing of I-485 is when the marriage occured.
But anyway, when you file your AOS package and you received a receipt mean that your case is on the system then you are in "pending AOS". Keep in mind that many state offices (including the DMV many times/SSA,etc) doesn't recognize that status as "legal" until you have a SSN or another approved document by USCIS. In terms of the immigration law you are in "authorized stay by the Attorney General" until there is a result (grant or denial) of your case.
You don't have to leave since you are consider an immediate relative of a US citizen and can adjust status (even if you overstay). Keep all your documents in a safe place, especially your I-94 and check the validity of your passport in case you need to renew it later on.
Good luck,
 
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