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Confusion about applying for an I-485

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  • Confusion about applying for an I-485

    Everytime i call these people I get a different story - if anyone can shed some light on this I would really appreciate any information.

    I'm currently married to a USC and he filed the I-130 in early last sept. I was in my home country at the time. I have since entered the US under the visa waiver program and was told over the phone by one woman that I could apply to change my status using the I-485 and could stay in the country while I waited for that to process. I got confused about details and rang back and spoke to someone else who said that I was not able to file the I-485 without first filing the I-824 because I was now no longer in my home country and they needed to send my paperwork somewhere else.

    According to this website, as I am switching from Consular processing to AOS I don't need to do anything but then why is this second person saying I need to file a I-824?

    Additionally, this website says I can send in my I-485 while my I-130 is still being processed, yet the form itself seems to say I can only do it after my case has been approved.

    very very very very confusing. I am planning on ringing them back tomorrow and hopefully I wont get a third conflicting story lol!

    Can anyone make this more clear to me? Essentially I really really do NOT want to have to leave the US as it's going to be very difficult to go back home for a whole bundle of reasons and I'm looking for a way to stay here while I wait. Being able to work is a bonus, but not essential.

    Thanks in advance!

  • #2
    you cannot adjust status from VWP, if you had entered using B1/2 or some other visa then it was possible to do so.

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    • #3
      Thanks for the reply, however... at this page: https://www.immihelp.com/i-485-adjustment-of-status/

      it states that if otherwise eligible to immigrate to the US immediate relatives may adjust status to LPR in the US even if they have been admitted as a visitor without a visa under section 217 of the Act which it says is the 90 day admission under the visa waiver program.

      Or am I misunderstanding? I'm reading that to mean that I can indeed adjust status even though I came in under the VWP as I am an immediate relative.

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      • #4
        Perhaps you may want to seek legal on this matter.
        Last edited by whisper4me; 02-01-2008, 05:50 PM.

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