Hi astrokoala,
No, you don't have to leave the U.S. but you must submit your
application *before* the end of the 60-day grace period. Once the
application has been officially received by the USCIS, your new status
will be "Pending Adjustment of Status" and you will be lawfully
present in the U.S while you await their decision. If your application
has not yet been received by the USCIS by the end of your grace
period, you will then be considered out-of-status and you will have to
leave the country.
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child
under 21 years old) of a U.S. citizen, submit the following forms:
* I-485, Application to Register Permanent Residence or to Adjust Status
* G-325A, Biographic Information
* Either your original I-130, Petition for Alien Relative (if you
are filing concurrently)
* I-864, Affidavit of Support
* I-693, Medical Examination of Aliens Seeking Adjustment of Status
* All required supporting documentation as listed on the above forms.
http://uscis.gov/graphics/formsfee/forms/i-485.htm
You will be able to file Forms I-130 and I-485 at the same time
(concurrently) but check with your local USCIS office first for any
special local instructions first.
Special Instruction:
"The I-485 in this case may be filed at the same time as the visa
petition (I-130) which is filed by the U.S. citizen or lawful
permanent resident. See your local office "About Us" page for any
special local instructions including any local forms needed to apply
for permanent residence."
http://uscis.gov/graphics/formsfee/forms/i-485.htm
Petition for Alien Relative
"NOTE: If the I-130 petition is being filed concurrently with Form
I-485, Application to Register Permanent Residence or to Adjust
Status, submit both forms at the local INS office having jurisdiction
over the place where the I-485 applicant resides.
- Applicants who reside in the jurisdiction of the Baltimore, MD,
District Office should submit the I 130 petition and the Form I-485
concurrently to the
USINS Vermont Service Center, 75 Lower Welden Street, St. Albans, VT 05479-0001.
- If you live in Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, New Mexico, North Carolina, Oklahoma, South
Carolina, Tennessee or Texas, mail this petition to:
USINS Texas Service Center, P.O. Box 850919, Mesquite,TX 75185-0919.
- If you live in Arizona, California, Guam, Hawaii or Nevada, mail
this petition to:
USINS California Service Center, P.O. Box 10130, Laguna Niguel, CA 92607-0130.
- If you live in Alaska, Colorado, Idaho, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North
Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or
Wyoming, mail this petition to:
USINS Nebraska Service Center, P.O. Box 87130, Lincoln, NE 68501-7130.
http://uscis.gov/graphics/formsfee/forms/files/i-130.pdf
>>> FORMS
Local Offices:
http://uscis.gov/graphics/fieldoffices/index.htm
FORM I-130, Petition for Alien Relative
http://uscis.gov/graphics/formsfee/forms/I-130.htm
The I-485 - Application to Register Permanent Residence or Adjust Status
http://uscis.gov/graphics/formsfee/forms/i-485.htm
You may download a package of all of these forms in PDF format.
http://uscis.gov/graphics/formsfee/forms/files/i-485pk1.pdf
I hope I've helped to sort through the immigration maze for you. If
you have any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply.
Thank you,
hummer
An internet search was not required as I was able to use my extensive
research and bookmarks on this subject. |
Clarification of Answer by
hummer-ga
on
26 Feb 2005 18:53 PST
Hi astrokoala,
Well, those were my quotes around "Pending Adjustment of Status". A
better way to have put it would've been, while your "Application for
Adjustment of Status" is pending, you will be lawfully present in the
U.S while you await their decision.
Eligibility Information:
Who May Apply to Become a Lawful Permanent Resident While in the United States?
You may be eligible to apply for adjustment to permanent resident
status if you are already in the United States and if one or more of
the following categories apply to you.
Family Member
* You are the spouse... of a United States citizen and have a visa
petition approved in your behalf.
Visa Number
* If you are a Family-...based applicant, you must have an
immigrant visa number available from the State Department unless you
are in a category that is exempt from numerical limitations. Immediate
relatives of United States citizens are exempt from this requirement.
Immediate relatives of U.S. citizens are... spouses... "
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to
apply for a work permit while their cases are pending. You should use
USCIS Form I-765 to apply for a work permit. You do not need to apply
for a work permit once you adjust to permanent resident status. As a
lawful permanent resident, you should receive a permanent resident
card that will prove that you have a right to live and work in the
United States permanently. Please see How Do I Get a Work Permit? for
more information.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you
must receive advance permission to return to the United States if you
are traveling outside the United States. This advance permission is
called Advance Parole. If you do not obtain Advance Parole before you
leave the country, you will abandon your application with USCIS and
you may not be permitted to return to the United States. For more
information, please see How Do I Get a Travel Document?.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You
should be prepared to provide USCIS staff with specific information
about your application. Please click here for complete instructions on
checking the status of your application. Please click here for more
information on USCIS offices.
http://uscis.gov/graphics/howdoi/legpermres.htm
"Between the time the adjustment of status is application is filed and
the green card is approved, the applicant is considered to be in legal
status as an "applicant to adjust status."
http://www.immihelp.com/gc/aos/
Form I-485, Application to Register
Permanent Residence or Adjust Status
Who May File.
Based on an immigrant petition. You may apply to adjust your status
if: an immigrant visa number is immediately available to you based on
an approved immigrant petition; or you are filing this application
with a complete relative, special immigrant juvenile or special
immigrant military petition, which if approved, would make an
immigrant visa number immediately available to you."
http://uscis.gov/graphics/formsfee/forms/files/i-485pk2.pdf
>>>
I'm glad you wrote because I forgot to mention that your permanent
residence will be conditional because you haven't been married for at
least two years. You will be able to apply to remove the condition
just before your second anniversary.
How Do I Remove the Conditions on Permanent Residence Based on Marriage?
Background
"A lawful permanent resident is given the privilege of living and
working in the United States permanently. Your permanent residence
status will be conditional if it is based on a marriage that was less
than two years old on the day you were given permanent residence. You
are given conditional resident status on the day you are lawfully
admitted to the United States on an immigrant visa or receive
adjustment of status. Your permanent resident status is conditional,
because you must prove that you did not get married to evade the
immigration laws of the United States."
http://uscis.gov/graphics/howdoi/remcond.htm
· Marriage cases. When an U.S. citizen or LPR sponsors his or her
spouse, special evidence is required. The parties must prove the
marriage is not a sham, i.e. not contracted solely to obtain an
immigration benefit. The parties must show they intended to establish
a life together. Typically required evidence may include insurance
policies and joint ownership of property, obligations, income tax
returns, and bank accounts. Spouses of U.S. citizens and permanent
residents, who have been married for less than two years at the time
of a visa application, receive conditional permanent resident that
lasts for two year. Between 21 and 24 months after receiving
conditional status, the conditional permanent resident and spouse must
file an application to remove conditional status."
http://www.bkvisa.com/Family/spouseandchildren.html
Please let me know if you have any other questions.
hummer
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