Out of Status married to GC Holder.

[danero]

Hello,

I have been out of status (f1 visa) and i am getting married to a GC holder what are the chances that the AOS or I-485 would be rejected.

Any suggestion or better way to go about it.

[PraetorianXI]

First, you can not AOS based on marriage to a GC holder. You have to wait 4-5 years for a visa number to become available.

Second, when the visa number is available your AOS will be denied (100%) if your spouse is still a GC holder.

Your only chance for AOS is to marry an US Citizen or to file for AOS once your GC holder prospect becomes a citizen.

[danero]

First, you can not AOS based on marriage to a GC holder. You have to wait 4-5 years for a visa number to become available.

Second, when the visa number is available your AOS will be denied (100%) if your spouse is still a GC holder.

Your only chance for AOS is to marry an US Citizen or to file for AOS once your GC holder prospect becomes a citizen.

Ok thanks. I just mailed in my I-485 form, so do you think i am going to receive the receipt or would that be denied.

My spouse is due for naturalization in like 2years time. I just thought i get in line now. So what are my chances of receiving the 1070A Notice of Action receipt.

[PraetorianXI]

It (I-485) will be denied, because you do not have a visa number available... you have notified USCIS of your current address... which means, since you do not have a legal status, you could be deported.

[danero]

It (I-485) will be denied, because you do not have a visa number available... you have notified USCIS of your current address... which means, since you do not have a legal status, you could be deported.

Thanks, I read somewhere on here that for every time you apply for I-485 that you always get receipt for the NOA and you can still apply while being out of status, while waiting for your spouse to become USC.

Please can you help me clarify for those statements on this website. I really do appreciate your time and effort.

[JStone]

Hope you did read this.

https://www.immihelp.com/family-based-greencard/persons-in-us.html

[danero]

Hope you did read this.

https://www.immihelp.com/family-base...ons-in-us.html

Thanks, I did read that already and it also said something about going ahead to apply for I-485 while waiting for your spouse to become USC, just to get in line instead of idling.

What is not very clear is whether this is applicable to people who are out of status and getting married to a GC holder.

So i really wanna know, if i apply for I-485 while been out of status and married to a GC holder whether they will deny and refund my $1010.

Thank you in advance

[danero]

bump

[danero]

Please can i get more help about this. Should i go ahead and file for this stuff or should i not.

[honeykrown]

Hello,

I have been out of status (f1 visa) and i am getting married to a GC holder what are the chances that the AOS or I-485 would be rejected.

Any suggestion or better way to go about it.

The thing is u can file the I-130 so that when everything is in process they start from the date the I-130 was filed and approved.


If you file the I-130 and it is approved, the USCIS would send ur documents to the NVC. Then you would have to wait for the Priority date to be current (This date is when ur I-130 petition was received at the USCIS).

If the Priority date is reached and ur husband is not yet a citizen, being out of status, u cannot change ur status. but if ur spouse becomes a citizen then u can go ahead and file the AOS.

Note: if ur spouse becomes a citizen and stage in the process, all he has to do is send a copy of his certificate and ask for ur file to be updated. I hope this helps