I-485 and 245(i), $1,000.00 fine question

G

ghman

Registered Users (C)
Hi all, I originally came to the US with a tourist visa back in the early 90's as a young boy with my parents. So as you can see, I have been out of status for a while now. I have question about i-485. A little background. I met and married my wife (for love) and she was a LPR at the time. We filed an 1-130a while back and got a letter saying it was approved not too long ago. She is going to be sworn as a USC on 29th of March. But the approval letter I got for the i-130 states I am not eligable to adjust my status as this time. No clear reason was given however. So first, I wanted to know if it is because she is not USC yet? Or what?
Secondly, I was told by a friend that would need to file under 245 (i) and pay the $1,000.00 fine since I have been out of status for a while. Is that accurate? And just who are suppose to file under 245 anyway? This has left me a bit confused being I am not sure what 245 is suppose to do. Third, would it be safe to also file for advance parole while my application is being processed? I don't want to risk not coming back or trigerring that 3/10 bar. I figure I'll try and see if anyone can help me on this forum.
 
I don't consider myself an expert, so you might want to check out
http://uscis.gov/graphics/index.htm and study your way through it.

Your wife as an LPR is eligible to file I-130 for you. And once she's a USC she might upgrade her status for her I-130.
However, you being out of status for such a long time, are probably eligible to file under 245(i)

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and (c) of the Act are not met.
Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245(c) of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status.
Click to expand...

You'll find more about that here http://uscis.gov/graphics/formsfee/forms/i-485supa.htm
 
ghman said:
.. would it be safe to also file for advance parole while my application is being processed? I don't want to risk not coming back or trigerring that 3/10 bar.
Click to expand...

I, for one, wouldn't leave the country.
AP is for emergency travel only, so you decide anyway
 
I got the same notice saying that my I-485 was denied due to me not being in status. I came as a H4 and then changed to F-1 but fell out of status and never got successfully reinstated. I had to pay the $1000 fee to get my case to reopen. I'm still waiting for the I-485 approval though.

You should've gotten an intent to deny notice.
 
i htink the reason they said that you are inelligible to adjust status is because your wife was not a citizen at the time you first filed. Similar situation with me and my dad, my petition got approved but i was also inelligible to adjust status so i did a search on inelligibilites to adjust status and i on the uscis website it confirmed that that was the reason. In regards to the $1000 penalty there are certain requirements from my understnading as to who all is eligible to use it. Your petion have to be file on or before April 30 2001 and you have to sho physical proof that you were in the country on Dec 31 2000 (please confirm this by visiting website). I went to a lawyer regarding my case and she told me to use my petition that i got and pay the penalty and apply for adjustment but i cannot prove that i was in the country oon Dec 31 2000 so i decided not to listen to her because she did not take the time out to review all my documents throughly. Thats my imput please try to confirm for your self and good luck.
 
I think that if you and your wife file another petition now that she in a citizen you should be good.
 
thanks everyone for thier input. I think it would be wise to remain in the country even while my application in being processed. Call me cautious. Once my wife swears in, we are filing quick. I est. it may take a whole year before I am approve. The only problem I am having now is finding my i-94. Does anyone knows what happens if I can't find it? Is my original passport I have be sufficent? It does show my arrival date into the US.
 
Sorry to break the bad news... but I think you have to file this: http://uscis.gov/graphics/formsfee/forms/i-102.htm

ghman said:
thanks everyone for thier input. I think it would be wise to remain in the country even while my application in being processed. Call me cautious. Once my wife swears in, we are filing quick. I est. it may take a whole year before I am approve. The only problem I am having now is finding my i-94. Does anyone knows what happens if I can't find it? Is my original passport I have be sufficent? It does show my arrival date into the US.
Click to expand...
 
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