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Please help me with Form I-485 Part 8 No. 17

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  • Please help me with Form I-485 Part 8 No. 17

    I came to the US in September 2017 on a B-2 tourist visa and got married to my fiancee in October 2017. We couldn't file documents to adjust my status right away because my wife (the US citizen)'s parents didn't want to cooperate with us. They refused to give us information about them which have to be filled out in Form I-130. It took us a while to gather every information we needed, but I have overstayed my tourist visa since March 2018.

    I am now filling out Form I-485 Adjust Status. I'm stuck in Part 8 No. 17 which its question goes "Have you ever violated the terms or conditions of your nonimmigration status". I choose "Yes" because I have overstayed my tourist visa. However, I have just realized that I have to provide an explantion about this situation in Part 14 Additional Information. I have no idea what to state in this section. Any ideas or helps are highly appreciated.

  • #2
    Originally posted by Ezra View Post
    I came to the US in September 2017 on a B-2 tourist visa and got married to my fiancee in October 2017. We couldn't file documents to adjust my status right away because my wife (the US citizen)'s parents didn't want to cooperate with us. They refused to give us information about them which have to be filled out in Form I-130. It took us a while to gather every information we needed, but I have overstayed my tourist visa since March 2018.

    I am now filling out Form I-485 Adjust Status. I'm stuck in Part 8 No. 17 which its question goes "Have you ever violated the terms or conditions of your nonimmigration status". I choose "Yes" because I have overstayed my tourist visa. However, I have just realized that I have to provide an explantion about this situation in Part 14 Additional Information. I have no idea what to state in this section. Any ideas or helps are highly appreciated.
    You would answer "Yes" and for the "explanation" just factually state what date your status expired and that you overstayed. No further "explanation" is necessary. Being out of status, for no matter how long, is irrelevant for Adjustment of Status for your category. Just factually answer the question and don't worry about it.

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

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    • #3
      You can print your most recent I-94 as proof. Go to https://i94.cbp.dhs.gov/I94/#/home and use your passport number.

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      • #4
        Originally posted by Ezra View Post
        I came to the US in September 2017 on a B-2 tourist visa and got married to my fiancee in October 2017. We couldn't file documents to adjust my status right away because my wife (the US citizen)'s parents didn't want to cooperate with us. They refused to give us information about them which have to be filled out in Form I-130. It took us a while to gather every information we needed, but I have overstayed my tourist visa since March 2018.

        I am now filling out Form I-485 Adjust Status. I'm stuck in Part 8 No. 17 which its question goes "Have you ever violated the terms or conditions of your nonimmigration status". I choose "Yes" because I have overstayed my tourist visa. However, I have just realized that I have to provide an explantion about this situation in Part 14 Additional Information. I have no idea what to state in this section. Any ideas or helps are highly appreciated.
        When I applied I was 8 months out of status on B2 but on the form I selected NO.
        You can select YES if you want but whether it's YES or NO, doesn't matter in our category.
        Filed I-130, I130A, I-485, I-765
        Priority Date: 01/22/2018
        Date Received NOA Letters: 02/02/2018
        Courtesy Letter for i693: 02/20/2018
        Biometrics Done: 02/21/2018
        Interview(rec' approval letter): 05/31/2018
        EAD card in production: 06/02/2018
        EAD card in hand: 06/07/2018
        SSN card in hand: 06/09/2018
        GC approval/production notifications: 07/08/2018
        Card mailed notification: 07/09/2018
        I130 & I485 approval letters received: 07/09/2018
        GC in hand: 07/11/2018

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        • #5
          Originally posted by kaylip View Post
          When I applied I was 8 months out of status on B2 but on the form I selected NO.
          You can select YES if you want but whether it's YES or NO, doesn't matter in our category.
          Yup, same here. My husband selected "No" even though he was out of F-1 status at that point. No judge has deemed him out of status so...

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