Marrying to a greencard holder and i-130 and i-485

[urmilashah]

Hello All,

I am expecting my VAWA application result soon.

Suppose my VAWA i-360 got denied;

1) Can I marry a green card holder immediately because I heard that to marry a green card holder one has to be in a lawful status?

2) If suppose USCIS gives me 1 month to leave the country if my VAWA application is denied, within that 1 month can I be considered out of status ?

If not, can I marry a green card holder ?

Please guide me for the same.

Thank you,
Urmila

[Saky]

As much i heard from some reputable lawyers USCIS dont put you in removal proceding only because your vawa is denied and you are out of status. Ofc if you have criminal record or prior deportation orders, or if they find some fraud that is different thing and you can be put in removal proceding.

[newacct]

Anyone can get married at any time. I think you mean that to do Adjustment of Status (I-485) in the F2A category as the spouse of a permanent resident, you need to be in status at the time of filing I-485.

You have not said whether you are in status. Having a pending application does not mean you are in status.

[Thekoolkid97]

Hello. You reply caught my attention because I’m going through something similar. My mother is a lawful permanent resident and she filed for me in 2017 I came here on an F1 visa in 2018. I filed my I-485 on Jan 7 of this year. Due to illness in the previous school semester I had to take the spring semester off (Jan 2022-May2022) to take the exams I missed in the previous semester. But without my knowledge my designated school official terminated my visa on February 11. However when I consulted a lawyer, I was told it wouldn’t affect my I-485 because I was still in status on the day of filing. However when I went for my interview last Friday. I was told I was out of status and that I should have maintained status up until the day of the interview. Do you think I may have been misinformed by the officer? Because I spoke to other lawyers and I was told the same thing that since I filed before the termination I should be okay.

[newacct]

Hello. You reply caught my attention because I’m going through something similar. My mother is a lawful permanent resident and she filed for me in 2017 I came here on an F1 visa in 2018. I filed my I-485 on Jan 7 of this year. Due to illness in the previous school semester I had to take the spring semester off (Jan 2022-May2022) to take the exams I missed in the previous semester. But without my knowledge my designated school official terminated my visa on February 11. However when I consulted a lawyer, I was told it wouldn’t affect my I-485 because I was still in status on the day of filing. However when I went for my interview last Friday. I was told I was out of status and that I should have maintained status up until the day of the interview. Do you think I may have been misinformed by the officer? Because I spoke to other lawyers and I was told the same thing that since I filed before the termination I should be okay.

Going out of status while I-485 is pending will not affect that I-485. So if the "received date" on your I-485 receipt was Jan 7, and you are sure you were in status on that date, then you are okay. See USCIS Policy Manual, Volume 7, Part B, Chapter 4, section G:

For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application.