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01B approved (not stamped) in '15, got married '17, left country b4 adjustment status

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  • 01B approved (not stamped) in '15, got married '17, left country b4 adjustment status

    Hi everyone - I'm concerned because I left the country recently on a medical emergency before filing the adjustment of status paperwork following my marriage to a US Citizen.
    I was in the US on an O1B visa for some years, and my last visa was approved from 2015 through to March of this year. However, I did not get it stamped, and I'm not sure if that renders it invalid, or if I was out of status.
    My questions are:
    Should I file the 130 and 485 from abroad (London) or re-enter as a tourist and submit the paperwork once back in the US?
    Am I likely to have any problems at immigration? I have a new British passport with no visa in it currently.
    Thank you so much!

  • #2
    Originally posted by Chapters View Post
    Hi everyone - I'm concerned because I left the country recently on a medical emergency before filing the adjustment of status paperwork following my marriage to a US Citizen.
    I was in the US on an O1B visa for some years, and my last visa was approved from 2015 through to March of this year. However, I did not get it stamped, and I'm not sure if that renders it invalid, or if I was out of status.
    My questions are:
    Should I file the 130 and 485 from abroad (London) or re-enter as a tourist and submit the paperwork once back in the US?
    Am I likely to have any problems at immigration? I have a new British passport with no visa in it currently.
    Thank you so much!
    I-485 is the form to apply for Adjustment of Status, the process of getting permanent residency abroad. If you apply from abroad, you will not do Adjustment of Status, but rather Consular Processing through a US consulate abroad, and it will not involve I-485.

    You are likely to be denied entry as a tourist if the officer suspects you will apply for Adjustment of Status during that stay.

    This is my personal opinion and is not to be construed as legal advice.

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