Looking for advise on I 485

[Damonsmith]

So I come to the us for a few weeks got married. Planned to go back to my home country [UK btw] but because of the covid 19 my flight got cancelled I got should I just stay here and concurrent fill. I talked to an immigration attorney and he said I could do that looking for advise

[Damonsmith]

Bump

[longee94]

Fellow Brit here: my understanding is that you can file concurrently, but you would need to prove you didn’t come here to marry and stay.

[Damonsmith]

I hsve a lot of proof like I currently have a job in the UK I have a motorbike with insurance and I buy a return ticket is that good

[longee94]

I hsve a lot of proof like I currently have a job in the UK I have a motorbike with insurance and I buy a return ticket is that good

It’s hard to say, immigration may believe you intended to quit your job, sell the bike and miss your flight. The safest option would be for you to return to the United Kingdom and file via consular processing (although I don’t know how long it would take or whether they are processing applications). I would consult an attorney, they are (although expensive) an invaluable resource and can advise the best course of action.

[Damonsmith]

The other thing is Im stuck here flights cost like 10x normal rate so I can't actually get back

[longee94]

You usually have 90 days on a tourist visa, so you may have to wait it out. Further to my last post, you will most likely be in violation of the 90 day rule

[MisterC]

"Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application" - USCIS

So, you have two options:
(i) Stay back in the States and apply. Ensure that you also include form I-131 in your package (for Travel Document with Advance Parole). Keep in mind that 'Adjustment of Status' is a lengthy process.
(ii) Apply at the US embassy in London, while being physically present in the United Kingdom.

Cheerios matey

[Damonsmith]

If I just planning on just staying in the US do I need the I 131

[MisterC]

If I just planning on just staying in the US do I need the I 131

no you don’t

[newacct]

It is recommended that if you file I-485 you also file I-765 for EAD and I-131 for Advance Parole together. They are both free, and there is no downside to applying for them. You don't have to use them if you get them, but they could be useful just in case something unexpected happens.

[Damonsmith]

So over the last few days I been working on this I have got form I 130 i 485 I 864 I 765 and the new form I 944. The only thing now is don't what I'm going to do about the new trump EO

[newacct]

So over the last few days I been working on this I have got form I 130 i 485 I 864 I 765 and the new form I 944. The only thing now is don't what I'm going to do about the new trump EO

Nothing. It doesn't affect people in the US and doesn't affect Adjustment of Status.

[Damonsmith]

Thank you so much for your hekp

[longee94]

Just keep in mind the 90 day rule USCIS used to determine immigrant intent. It could seriously increase the likelihood of an AOS denial.