What Is My Current Status? Please HELP

[jetlounge]

Hello,
im trying to apply for Green Card through a family member (my husband, we got married in March).
I legally came to the US with a student visa in 2013, then graduated and was on OPT (optional practical training) for one year. My opt status expired January 31,2015, however, i applied for change of status for tourist visa on January 30, 2015. I got the receipt (Form I-797) on February 3, 2015, and as of now, April 28, i still don't have a response about the tourist visa.
So my question is, what is my current status (official), that I can put in Form I-485, when it is asking what is my "Current USCIS Status" and when it expires?


Thank you,
Rita

[rayb]

Is your husband a U.S. citizen?

If he is, then your status is "F1 pending Adjustment." Actually it might be clearer to say that you are an F1 overstay, but marriage to a U.S. citizen provides a modicum of protection during Adustment processing.

In answer to your question, however, I have used exactly as I describe above, "*** pending Adjustment" and had no followup problems with that strategy.

If your husband is not a U.S. citizen, that's an entirely different set of problems.

--Ray B

Hello,
im trying to apply for Green Card through a family member (my husband, we got married in March).
I legally came to the US with a student visa in 2013, then graduated and was on OPT (optional practical training) for one year. My opt status expired January 31,2015, however, i applied for change of status for tourist visa on January 30, 2015. I got the receipt (Form I-797) on February 3, 2015, and as of now, April 28, i still don't have a response about the tourist visa.
So my question is, what is my current status (official), that I can put in Form I-485, when it is asking what is my "Current USCIS Status" and when it expires?


Thank you,
Rita

[jetlounge]

Is your husband a U.S. citizen?

If he is, then your status is "F1 pending Adjustment." Actually it might be clearer to say that you are an F1 overstay, but marriage to a U.S. citizen provides a modicum of protection during Adustment processing.

In answer to your question, however, I have used exactly as I describe above, "*** pending Adjustment" and had no followup problems with that strategy.

If your husband is not a U.S. citizen, that's an entirely different set of problems.

--Ray B

Ray thank you for the information!
Yes, my husband is a US citizen. I guess i'll just say "F1 OPT pending Adjustment", like you suggested.

One more question though. I've been going through all the necessary forms we need to fill out, and got a little confused. My husband is going to be my sponsor, so does it mean that aside from I-485, I-130 and G-325A, he will also need to fill out an I-864 (Affidavit of Support)? And are there any other FORMS that we need?

Thank you again,
Rita

[rayb]

You need the following to be submitted at one time:

1. I-130
2. I-485
3. G-325A from each of you
4. I-864
5. I-131
6. I-765

with supporting documents for each, $420 and $1,070 checks to U.S. Department of Homeland Security.

--Ray B

Ray thank you for the information!
Yes, my husband is a US citizen. I guess i'll just say "F1 OPT pending Adjustment", like you suggested.

One more question though. I've been going through all the necessary forms we need to fill out, and got a little confused. My husband is going to be my sponsor, so does it mean that aside from I-485, I-130 and G-325A, he will also need to fill out an I-864 (Affidavit of Support)? And are there any other FORMS that we need?

Thank you again,
Rita

[jetlounge]

You need the following to be submitted at one time:

1. I-130
2. I-485
3. G-325A from each of you
4. I-864
5. I-131
6. I-765

with supporting documents for each, $420 and $1,070 checks to U.S. Department of Homeland Security.

--Ray B

thank you very much Ray!