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Immigration
Adjustment of Status - I-485
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Legal Status when applying for I-485
Hi guys,
First of all, thanks to one and all who post and respond on this useful forum and to those who have responded to my previous posts. Its been very helpful so far.
However, I presently have a sort of unique problem. My USC wife and I appeared for our interview and the IO gave us an RFE at the interview for more evidence about my status when we got married. Here is a little background:
- I was on an F1 visa when I met my USC wife. We married in February of this year . I was an active student till December of 2016, however I was unable to continue my program in the Spring of 2017. I believe I was in status as student at the University till we got married and then I withdrew myself from the program. It was barely 3 weeks into the Spring semester so I did not have to pay my fees for the semester.
- The IO appeared to be serious and very strict from the start, starting to nit pick on very minor things. He questioned us in detail about our relationship and our wedding, which I did not have a problem with since we had nothing to hide. We responded with a lot of information. He approved our I135 and declared our marriage as bonifide.
- The IO then was not convinced I had attended the school I was in for my second masters (I have successfully completed 2 other degrees before that in the US) despite having my I20s and having traveled and returning to the US in December of last year. He asked me to prove I was in status when we were married by providing transcript and a letter from the school about when I was in status.
My question is: Does that even matter? Does one need to be in status when they apply for AOS after entering legally?
I consulted a lawyer before i applied and he told me and many others tell me that I only need have entered the country legally and could be out of status when applying for AOS. I have a clean track record in my multiple successful years here as a student. I have exited the country when I had to and reentered with appropriate authorization in the past. I also have a high skill employment currently working with my EAD.
I will provide all the requested school related documents as soon as possible but I am nervous since the IO told me he may reject my application if I was found to be out of status even briefly. I am unsure if that is even right. My wife is a nervous wreck , and is already anxious about our future.
Thank you all for your continued help.
PD March
EAD June
Interview September
First of all, thanks to one and all who post and respond on this useful forum and to those who have responded to my previous posts. Its been very helpful so far.
However, I presently have a sort of unique problem. My USC wife and I appeared for our interview and the IO gave us an RFE at the interview for more evidence about my status when we got married. Here is a little background:
- I was on an F1 visa when I met my USC wife. We married in February of this year . I was an active student till December of 2016, however I was unable to continue my program in the Spring of 2017. I believe I was in status as student at the University till we got married and then I withdrew myself from the program. It was barely 3 weeks into the Spring semester so I did not have to pay my fees for the semester.
- The IO appeared to be serious and very strict from the start, starting to nit pick on very minor things. He questioned us in detail about our relationship and our wedding, which I did not have a problem with since we had nothing to hide. We responded with a lot of information. He approved our I135 and declared our marriage as bonifide.
- The IO then was not convinced I had attended the school I was in for my second masters (I have successfully completed 2 other degrees before that in the US) despite having my I20s and having traveled and returning to the US in December of last year. He asked me to prove I was in status when we were married by providing transcript and a letter from the school about when I was in status.
My question is: Does that even matter? Does one need to be in status when they apply for AOS after entering legally?
I consulted a lawyer before i applied and he told me and many others tell me that I only need have entered the country legally and could be out of status when applying for AOS. I have a clean track record in my multiple successful years here as a student. I have exited the country when I had to and reentered with appropriate authorization in the past. I also have a high skill employment currently working with my EAD.
I will provide all the requested school related documents as soon as possible but I am nervous since the IO told me he may reject my application if I was found to be out of status even briefly. I am unsure if that is even right. My wife is a nervous wreck , and is already anxious about our future.
Thank you all for your continued help.
PD March
EAD June
Interview September
All Replies (26)
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