Question:
I am filling out my I-485 form and I'm not sure how
exactly to answer the question about my current USCIS status. I am
married to a USC and I am out of status; so do I just answer "out of
status or Pending Adjustment of Status or something else? Does it even
matter either way? (I came to the US as a child on a vistor visa, which
has long been expired.)
Answer:
It pays to remember that the I-485 is a multi-use form which applies to
applications for permanent residence on ALL different categories. If
you are applying based upon marriage to a US citizen, your status
generally doesn't matter as long as you were "inspected and admitted."
You will be providing proof of entry anyways -- so the answer in your
case is in the no harm no foul category.
For years I would put something like "B-2 overstay" or some such. Then
when CIS started electronic filing of some forms [such as the I-765], I
noted that THEIR software allowed only for the type of ADMISSON or the
fact of entry without admission [aka "EWI" in immigration jargon].
Taking the hint -- I now just put in "B-2" for cases like yours
If you are just now filling out your I-485 and have not yet submitted
it, then you are not yet pending adjustment?
If she came as a child, though.... OP, do you have the original
visa still?
I came to the US on a B-2 vistor visa when I was a child ( long been
expired), I still have my I-94.
I think the correct answer here should be "out of status". Puting down "B-2"
would be untruthful .
The forms also ask for expiry date AND one usually puts a copy of the
I-94 with it. Please note that the it is the **CIS** which uses the
convention of entry status, whether or expired or not, when making an
on-line application.
