late filing of I-485

F

frithfly

New Member
I have been here in the united states for past 6 years. Entered legally as a visitor. Found a job. So was working under H1-B status for six years.

I just married a US Citizen last 09/07/07.

My H1-B I-94 expired on 10/15/07.

I sent my I-485,I-130,I-765 package postmarked on 10/17/07.

Basically i am 2 days "out of Status" when i sent this but have not exceeded the 10-day grace period to stay here.

1. Do my chances of getting APPROVED get affected with these late filling.
2. Do i have to go back to my country right now to avoid getting penalized?

thanks a lot.
 
You are fine. Once you are married, the "out of status" thing isn't really an issue. There isn't really such a thing as a "late" filing. You are not in danger of removal/deportation as you are married and have filed your paperwork - i.e. pending paperwork. I wouldn't worry, but whatever you do....

DO NOT LEAVE THE COUNTRY!!!!!

They will consider your application "abandoned" if you leave without an approved Advanced Parole document (I-131) and will deny your re-entry into the US. YOu will then have to go through another process (K-3 visa since you are already married) to get back in. It takes longer than the normal AoS from what I've heard and you will be apart for that time.

Check out the book I have lisetd in my sig... it's pretty helpful and only $26 for the e-book. It will explain (most) everything you need to know.
 
thanks a lot.

I won't buy the book just yet but I would definitely consider donating to the author of the book or this website =).

What I was really afraid was i might have to spend big bucks for travelling and "refiling".
 
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