I-485

M

MoolanTD

Registered Users (C)
Hello,

Just went through the discussion board and there is a wealth of useful info. Was wondering if someone could answer my questions esp Q1. Thanks in advance for your assistance!! :)

Facts :
1.Husband is an LPR and has filed for citizenship in Jan 2006
2.Married in Jan 2006 in the US.
3.I (wife) am an Indian citizen and am currently in the US on valid B1/B2 visa, I94 expiring on 7th April 2006.
4. In the process of filing I-130 now.

Qusetion:
1.Are there any adverse consequences if i go out of status (overstay) at the time my husband files for I-485 (adjustment of status) for me when he gets his citizenship (expect to hear something by June)? :confused:
2.Can I travel after filing I-485 on advance parole? How safe is it?
3.Can I work after filing I-485?
4.When can i expect to be called for interview and finger prints after the I-485 is filed?
5.What is the time frame in which i get the green card from the date of interview & finger prints?
 
MoolanTD said:
1.Are there any adverse consequences if i go out of status (overstay) at the time my husband files for I-485 (adjustment of status) for me when he gets his citizenship (expect to hear something by June)? :confused:
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NO.
2.Can I travel after filing I-485 on advance parole? How safe is it?
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Probably not a good idea. Not sure.
3.Can I work after filing I-485?
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YES.
4.When can i expect to be called for interview and finger prints after the I-485 is filed?
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The fingerprints appointment is usually 1-2 months after filing, interview - 6-7 months.
5.What is the time frame in which i get the green card from the date of interview & finger prints?
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If everithing is fine, you might get the stamp in your passport which replaces the Green Card, or get the Green Card in the mail within 2 months.
 
Correction:
You can work only after your EAD is approved. :)

If you overstayed, advice is to avoid travelling on AP as it might trigger the 3/10 year ban depending on how long you overstayed before you travel.
 
ari4u said:
Correction:
You can work only after your EAD is approved. :)
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Of course (it shouldn't take long).
If you overstayed, advice is to avoid travelling on AP as it might trigger the 3/10 year ban depending on how long you overstayed before you travel.
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What if her husband files for her as an LPR before her I-94 expires, then upgrades it when he becomes a USC. Can she travel on AP then?
 
Thanks Anahit and Arif for your comments.

Just spoke to INS over the phone and gave them the facts of my case. Was very surprised when the lady there told me that i can apply for a work permit while i'm here on a B2 visa. In that way, i won't be out of status after my I-94 expires. This somehow does'nt sound right. Any comments??
 
MoolanTD said:
Thanks Anahit and Arif for your comments.

Just spoke to INS over the phone and gave them the facts of my case. Was very surprised when the lady there told me that i can apply for a work permit while i'm here on a B2 visa. In that way, i won't be out of status after my I-94 expires. This somehow does'nt sound right. Any comments??
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Being on a B visa, you do not have permission to work. You can only work if you manage to get a H1 or if you have your EAD (which is possible only if you have applied for I-485). If your husband applies for your I-485 before your I-94 expires, you will not go out of status.
 
I am not sure if the person who spoke with you over the phone was necessary an immigration officer. The 800 number are contractors and they just know general FAQ's about filing not about what you can or cannot do through the different type of visas. If they put you over the phone an immigration officer then is something different or probably that person misunderstood you.

A B1/B2 visa does not allow you to work. Is just for travel/pleasure/business issues.

You can't apply for I-485 until your husband get her naturalization certificate.

When you file for I-485 (is your form not your husband's even is based in your I-130) your overstay is forgiven because then he will be a US citizen. But to apply for AP (Advance Parole) so you can travel outside the US while your AOS is pending depends how long you overstayed after your I-94 expires.

As Ari4u explained you must file for Employment Authorization Document (EAD) so when that gets approved (you will receive a letter for fingerprints and biometrics) then you will be able to work and go to the Social Security Administration to get your SSN, normally is 90 days/3 months or so after filing the I-485.
The EAD and AP are part of the I-485 packet. The I-485 is not only a form, there are several forms within and that includes Affidavit of Support and Medical Examination too.

The fingerprints and biometrics are done before the EAD, the interview and the card. The interview timeline depends on your District Office (DO).

The I-130 alone doesn't give you any status, so you will be out of status. For naturalization timeline you can go to the respective forum and check how long it will takes.

For more information you can go to www.uscis.gov

Good luck,
 
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MoolanTD,

I think the first thing you should do is to see if you can extend your visa for an additional six months, if you have not already done this, i think you can extend one time if you are on B1/B2 visa, but not more then that. Also, you can not get work authrozition while on this visa unless you get some employer to sponser you, also you will not be able to switch to F1 as this is not a dual intent visa, while H1 is. I am mentioning this because if you have already filed I-130 then you already shown intent to immigrate to the United States, and F1 does not let you do that.

If i was you i would go ahead and see if i can get B1 visa extended. If you can, then I would go ahead and file I-130 as you will need to this sooner or later anyway. Remember as Cheer1980 already mentioned that having filed or an approved I-130 does not give you any legal status in the United States.

Also, as your husband is currently a LPR you can not file I-485 until your priority date becomes current, that will only be established if you file I-130. On the other hand as soon as your husband becomes a citizen you can go ahead and file I-1485 along with medical, employment authorization and advance parole. Keep in mind though if during this time your status is no longer valid i would not travel over seas as you will be subject to 3 to 10 year bar, even if your husband is a citizen.

I know people that made that mistake and were denied at the interview even though they were let back into the country. This will creat more problems as you will have to file a hardship wavier and that takes a very long to approve and they will not let you stay in the country while this wavier is being processed.

The one good thing is that your husband has already filed for his citizenship and these days its taking on the average about six months from start to finish. This is of course as along as there are not other issues.

As far as time frame for getting I-485 approved then that veries from district to disctrict, some people get it with a few months while others wait over a year. Remember though once I-485 is filed you no longer will have to maintain legal status. In the mean time if you apply for work authroization with I-485 you will get EAD within two months, three at the most. Of course as already mentioned, you can only file I-485 once your husband becomes a citizen or your priority date becomes current. For LPR this is taking 4.5 years to become current and you will need to keep legal status the whole time on your own if your husband has not become a citizen by then.

I hope this helps

Good Luck

HRH
 
Thanks a tonne HRH and Cheer1980.

Application for an extension seems to be a good idea. A few questions regarding extension.

1. Do you what reason i should give for the extension?
2. What if the extension is denied and my husband has become a citizen and we have filed an I-485 for me during the waiting period. Does the denial of extension overrule the I-485 application and do i have to leave the country?
3. Any idea as to how long it takes to get a reply regarding the visa extension decision?
4. Shd i apply for I-130 before filing for an extension or after. My I-94 expires April 6th 2006.

Appreciate your comments!!
 
Moolan Td you are welcome,

1. Read the following form you will need for extention on http://uscis.gov/graphics/formsfee/forms/files/i-539.pdf. I would get a good lawyers opnion and have them help you fill it out.

2. Once your husband becomes a citizen it will not matter if you have overstayed as that is forgiven for spouse of US citizen. I would not file for advance parole if you have overstayed though. DO NOT LEAVE THE STATES IF THAT HAPPENS UNTIL YOU HAVE GREENCARD OR YOUR PASSPORT STAMPED.

3. If your visa is expering in April then you should file right away, i think it will take about three to four weeks.

4. if you are going to apply for visa extention then i would wait until you hear back on that extention before filing i-130 as they will deny the extention.

Your husband is not too far away from becoming a citizen so even if you leave things as they are i think you will be fine as long as you are not working where there is a chance you might be caught. Although thats very rear unless you work in some sensitive area or get in trouble.

I would spend a little money and talk to a good lawyer and see what they recomend. Some lawyers don't charge for intail consultation so that might be helpfull.

Also go to this website and post your question there, http://www.imminfo.com/. Ron is very helpful and will guide you in the direction. I found him to be very helpful and plus his intail consultation is free.

Good Luck

HRH
 
Hi folks....Am back again with a new question :)

Consulted a couple of good lawyers in my area and they advised me not to file an I-130 now and that i should just sit tight. My hubby has applied for his naturalization and has his FP appt first week of March.

Lawyers have suggested that i file I-130, I-485 etc all at the same time after my hubby gets his citizenship. Filing 130 first and then 485 might result in some delay in processing as records will have to matched etc. I do understand the rationale for filing an I-130 at the earliest - if my hubby faces any delay in his naturalization process, my case atleast moves further and PD comes close to current. But the lawyers suggest otherwise!!

Oh and BTW, we were specifically asked not to apply for an extension of visa!!

Comments appreciated!!

Tanvir
 
Well the issue with the extension of visa is that you just came here and is suppose that you don't file for an extension of visa so early because then that means that you were planning to stay longer than the original 6 months.
 
Thanks for your comments Cherr1980...what do you think about delaying the filing of I-130. Is that a good idea?
 
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