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current uscis status??

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  • current uscis status??

    Hi. I asked before what was my status but everybody answered something different so Im still confuse...
    I came to US with a Visitors visa on April 2006. I got married on July 13, 2006 and my i-94 expired on July 15, 2006. Our son born on August 2006.
    Im filling the form i-485 and i'm stuck with the question "current uscis status??". Some people say I should write "visitor", others say I should write "out of status", others "illegal" others say to live it blank.
    Please help me only if you really know what you are talking about.

  • #2
    If you file I-485 before I-94 expires, then your status is "visiotr", if you file I-485 after expiration date in I-94 then you are "out of status".


    • #3
      my lawyer put down "I-485 filing"


      • #4
        Redundant, but they accepted my application like that


        • #5
          Great discussion. But one thing is missing. So if your lawyers put "filing I-485", what do they put for "expires on"? I-94 expiration or nothing at all?



          • #6
            That was one of the questions I asked the Immigration Officer, when I went for an info pass appointment: she told me to put Visitor WT, I think opposite that question you have to fill in the date your
            i-94 expired too. I too overstayed, and had quite a few questions, they were very helpful.


            • #7
              Hi Bernie

              You came on a b visa for tourist. "expired B visa would be fine to show you are out of status. Of course out of status will be forgiven b/c marriage to USC.

              This question about status is not the big issue here. You are looking a a very hard road ahead of you to adjust status. It clearly sounds like you used fraud to enter on the tourist visa, and if they determine that you did, they will deny your adjustment of status and you will have to return home.

              I mean look at your timeline. You came in april 2006 and got married in July 2006, then had a baby in august 2006. Babies are not born in a 5 month gestation period. Which means that you were pregnant when you came on visitors visa and were a possible immigrant intent. Just curious how you got approved on your application unless you lied. Which if you lied on the app.... you have a big problem if you get a I O that is very strict.

              You should have applied in the proper way on a K-1 or K-3 visa.

              It is suspect that you have waited a year to apply for adjustment of status. USCIS is not as stupid as you think they might be.

              Good Luck


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