Thansk Sachin,. But I found somewhere that it take 2-3 yrs.

F

flavian

Registered Users (C)
Thanks Sachin. Although the processing times in most of the sites do mention 6-8 months, I did find some other places where they had mentioned 2-3 yrs. Would have liked to know if you have come across someone who had processed I485 in San Jose .

Another question Sachin : If one has stayed beyond 180 days of I-94 expiry can they do AOS here if they are sponsored by their USC spouse. OR should they do CP if they have just past 60 days after I-94 expiry with pending H1 transfer.

Thanks again. Raghu.
 
No Idea on any one from San Jose..

they can do an AOS here based on marriage to USC.. do keep 1 thing in mind.. DONOT leave the US till u get ur I551 stamp. You will be subject to a 10 year ban based on your overstay.
 
Is AOS for USC spouse who is unlawfully present descretionary.

Sachin, Is AOS for a USC spouse who is 180+ days unlawful discretionary OR is it automatic by law OR do we have to apply explicitly for some waiver.

If it is discretionary,
do you think CP should be a better option if the beneficiary goes back to India within 120 days (which I gather is the grace period before accumulating unlawful presence on I-94 expiry), as the person would by law have not accumulated any unlawful presence.

Would appreciate your thoughts on this.
Thanks Raghu.
 
Re: Is AOS for USC spouse who is unlawfully present descretionary.

You will need a waiver to re-enter the US if u opt for CP..

hang in there and get your AOS approved in the US.

There is no grace period to calculate un-lawful stay.. INS will consider you out of status if you stay even a day beyond your I-94 date.
 
So are you saying it is NOT discretionary

Thanks Sachin. Are you saying that AOS for USC spouse although unlawful for 180+ days is NOT discretionary but granted automaric by law.
Regards Raghu.
 
Re: So are you saying it is NOT discretionary

an AOS approval is based on the merits of the marriage..

an overstay generally DOESNOT count against the applicant.
 
Does it mean the quivalent of 245i for such cases.

Thanks Sachin. If the marriage is genuine ( more than 3 yrs old and they have kid ), does it mean AOS will be granted. If AOS is granted, then does it mean that 245i is not meaningful for spouse of USC as they could anyway adjust their status.
 
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