you can apply but you have to be legal in the state for the whole period of the AOS

we spoke with a lawyer today and she mentioned that since the visa number is current under this category (F2A) as soon as we apply even though I may not have a visa, I would still be able to stay in the USA what is kind of different with the informations that I have seen online from articles…

@P O , please don’t confuse her. priority is current for all LPR for over a year now. she can adjust status and apply concurrently for I-130, 131, 765 and 485 while living in the united state. But she needs to be a legal residence through out the adjustment. Veronica please talk to immigration lawyer.

but if I can stay, the only thing would be that I wouldn’t be able to travel outside of USA?

@Jimmy Jat, I talked with one today and she mentioned that was ok for me stay as long as I apply before my tourist visa expire… which would be the case… but I am just worried that she is giving wrong information

@Veronica C the lawyer is correct the visa is now currently for F2a category therefore you can apply for AOS. if the visa wasn’t current you could still apply but you would have to get a waiver first to pardon you overstaying your visa

I was advised by my lawyer to file only I-130 while my husband was a green card holder and then file 485 only when he becomes a citizen. I would advise you to speak with a immigration lawyer.

@shari mc since is current I wouldn’t have a problem then? and I could stay even if my tourist visa expire?

@Jimmy Jat she can apply for a waiver to forgive her unlawful presence. anyway @Veronica C contact an immigration lawyer to be sure I’d advise.

@Sheri mc, it’s only spouse of citizens that can ask for a waiver not spouse of LPR. Thanks

@jimmy you provide the wrong information i suppose, because I am myself a spouse of LPR and i dont have to maintain my status after my AOS application was received and accepted by USCIS

@Jimmy - your information is incorrect. My husband (and many other people's spouses) are going through this process. As long as you apply for AOS before your tourist visa expiration (usually 6 months from entry), then it's fine. I consulted with 3 lawyers in NJ to ensure this was correct because the information out there can be confusing.

veronica, what your lawyer say is correct here is the catch to apply F2A concurrently 1. be on legal starus when u filling your AOS until USCIS accept ur application 2. you can not work without EAD as spouse of LPR as it will not pardoned 3. after USCIS accept ur application, you can be out of status just don’t comit any crime that lead you to deportation. That’s it!

The only issue would be applying for AOS after the tourist visa expires. Spouse of LPR would not be forgiven for the overstay before AOS was submitted. As long as you apply before expiration, you're good. Don't leave the US after applying for AOS (unless you have advanced parole approved).

@GB we are on the same page hahahahha

Thank you guys for the correction.

@doza - ha! we posted at the same time :D glad we are on the same page, many people are unaware of this option.

@GB i knew right! i have been scared cuz not many people know it until i do tons and tons of research and i am not confident to tell everyone abt the process hahah

@Doza and GB, Have you seen anyone who obtained benefits in this way! 🤔. I’m a spouse of LPR myself. I did a lot of research and consulted two lawyers too. Both of them insist I must be in status through out my adjustment.

thank you all sooo much 💓 I was just worried that the information that the lawyer provided was wrong, I am glad it’s not 🙌🏼 we were planning to do counsular processing, but we just found out that we are expecting, so AOS seems better option

@jimmy not one! but lots more than 10

@Jimmy, I saw a case of this on the USCIS Reddit page a couple months ago. Tried to find it to link but couldn't... If I manage to find it I'll link it for you. Long story short, they were approved on the spot at interview.

Daza and GB, thank you guys

@jimmy jat, I’m also spouse of LPR and on students visa. my case is currently actively reviewing . even though I’m still in Legal status, I really don’t have to be since I already applied for AOS and did biometrics already

@VeronicaC have you already filed the i-485?? i’m at same the same page as you 😅. i would like to read some experiences from the others.