Out-of-Status and filing AOS?

Z

zelda

Registered Users (C)
Hello, married to a US citizen and living in the US. My question is since I am out of status (and have been for a few years) what if any effect will this have on me filing my I-485 and I-130? Will I need to fill out any extra forms? Would I need to fill out I-485 A and paid the $1000 fee? Thanks in advance for any infor. :confused:
 
you do not need to worry ...

Since you are married to a USC your out of status periode will be forgiven and you could go ahead and file i-130 , i-485 and i765 . You do not need to pay the 1000 dolars penality , only the ones who are qualify for 245(i) are subject to it . One important thing , you said that you were out of status for more then 180 days it would not be wise to file for i-131 advance parole for travel document you would be crossing the bar of inadmissibility once you live the US and want be able to adjust your status untile 2015 . YOU CAN~T LEAVE THE US UNTIL YOU ARE GRANTED THE GC ...... Hope it help
 
I was out of status for alot longer than you and only filed the 485, not 485-A. I was interviewed and wasn't even asked about being out of status. Per USCIS website, 485A refers to:


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.


I'm no lawyer. You can always call USCIS for clarification.
 
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