overstay/ out of status
hi everyone!
i was wondering if anyone was out of status before they were petitioned by their USC spouses and if this caused a problem during interview.
i am currently out of status and my visa was J1, currently waiting for the approval of my waiver then only then, can we start with the i-485.
thanks,
diaper changer
You cant file I-485 if you are out of status.You have to maintain your status in order to adjust it .
How long have you been out of status?
I believe that PaulK is incorrect. You can file I-485 as a spouse of a USC once your J-1 waiver is approved. The overstay should be pardoned.
From the I-485 instructions (page 6):
This ground of inadmissibility is triggered if you were unlawfully present in the United States (i.e., you remained in the United States beyond the period of authorized stay) for more than 180 days before you applied for adjustment of status and you travel outside of the United States while your adjustment of status application is pending.