Hi all,

I am here on a diplomat A-2 visa which allows me to stay while in status (D/S) which expires dec 31 2006. My husband is USC and has sent I-130 form, we have receipt number but no alien registartion number yet. Can I/should I send in the rest of the paperwork (I-485, etc.) and stay in the country awaiting decision, or would that be considered an overstay? If I understand corectly, once I send in my I-485 I cannot leave the country or it will be considered abandonment and will have to reapply, but fear being considered an overstay. Please advise.

D/S means duration of status.

Marriage to a USC erases any overstay. I wouldn't travel while anything is pending (without travel authorization) -- but you don't have to worry about overstaying.

Yes, you should have submitted the entire adjustment application (485, 765, 864, G-325s) -- can do the I-130 and adjustment application together because of marriage to USC.

quote:

Originally posted by diplomat:
If I understand corectly, once I send in my I-485 I cannot leave the country or it will be considered abandonment and will have to reapply, but fear being considered an overstay. Please advise.

Once you file for adjustement of status, you are not overstaying. You can also apply for Advance Parole I-131. With it, you can travel while your adjustment of status is pending. So, it would be a good idea if you can get that done by the end of the year. If you've ever overstayed, don't use AP.

Thanks everyone. I will send my entire package off this week, I read instructions and it does say that if my husband already sent in the I-130 I just need to send a copy of it with my paperwork. Whew!

quote:

Originally posted by diplomat:
Thanks everyone. I will send my entire package off this week, I read instructions and it does say that if my husband already sent in the I-130 I just need to send a copy of it with my paperwork. Whew!

Diplomat,

Also, not sure of your diplomatic level... there is a form which you need to complete basically relinquishing your diplomatic immunity which one enjoy under your visa. Did you travel on any diplomatic passport? At times, USCIS will ignore this requirement...

However, send your application forms and if they require that you complete it, then they will let you know in a Request for Evidence notice...