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I-485 filed, visa AND passport expiring - can anyone answer my questions?

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BCgirl

Junior Member
What is the name of your state? New Jersey

I originally came in on a B-1 visa to do clinical clerkships. My (American-born) husband and I got married last April, but he was not living in the States at the time. He moved back here so we could be together, but I left the country to be with him after we got married. I returned to the States and got another B-1 so I could continue my clerkships and did not say anything about my husband because he was not in the States at the time and I didn't think it relevant. We now both live in New Jersey and we filed the I-130 and it has been approved. We didn't know anything about this paperwork process, so we didn't file the I-485 concurrently. We have since sent in the I-485 and followed that with the I-765. My passport expires next month and I didn't know that once we started this paperwork, that my travel would be restricted. My B-1 also expires next month. I am due to start my residency (medical, not immigrant) this summer. I have several questions - if anyone can help out, I would really appreciate it, since we are doing this without anyone else who has gone through this before and without a lawyer.
1) We sent in the I-485 last week and my visa expires at the beginning of March - will my presence here remain legal after the visa expires?

2) How long will it take for the I-485 processing? - all of it - fingerprinting, interviews, etc. I have no idea.

3) I just sent in the I-765 this week and I have to apply for a "student doctor" license at the beginning of June - will my application to work be approved in time?

4) I did re-enter the States to do my clerkships but am now staying here with intent to become an immigrant since my husband has relocated here. Will that pose a problem?

Lana - you seemed to have helped a lot of people on this site - any advice or input you have would be greatly appreciated.
 


ImmigAttyLana

Senior Member
1) We sent in the I-485 last week and my visa expires at the beginning of March - will my presence here remain legal after the visa expires?
YES, YOU ARE LAWFULLY IN THE US BY VIRTUE OF HAVING TIMELY FILED THE I-485 ON THE BASIS OF YOUR MARRIAGE TO A US CITIZEN
2) How long will it take for the I-485 processing? - all of it - fingerprinting, interviews, etc. I have no idea.
PROCESSING TIMES DEPEND ON THE USCIS OFFICE WHERE YOU WILL GO THROUGH THE INTERVIEW AND DIFFERENT OFFICES NATIONWIDE HAVE DIFFERENT PROCESSING TIMES. YOU CAN CHECK THE PROCESSING TIMES FOR THE OFFICE WITH JURISDICTION OVER YOUR PLACE OF RESIDENCE ON THE USCIS WEBSITE TO GET AN IDEA OF HOW LONG IT WILL BE. KEEP IN MIND IT IS JUST AN APPROXIMATION.
3) I just sent in the I-765 this week and I have to apply for a "student doctor" license at the beginning of June - will my application to work be approved in time?
YOU NEED TO ANTICIPATE A 90-DAY WAIT FROM THE DATE OF FILING SINCE THE REGULATIONS MANDATE THE EAD TO BE ISSUED WITHIN 90 DAYS BUT NOT NECESSARILY SOONER EVEN THOUGH MANY PEOPLE DO GET THEM SOONER.
4) I did re-enter the States to do my clerkships but am now staying here with intent to become an immigrant since my husband has relocated here. Will that pose a problem?
DID YOU ALSO APPLY FOR A TRAVEL DOCUMENT AS PART OF YOUR ADJUSTMENT OF STATUS APPLICATION? IF SO, THEN YOU WILL BE ABLE TO TRAVEL INTERNATIONALLY WITH THAT DOCUMENT, ONCE IT IS ISSUED TO YOU. IF YOU DID NOT, THEN YOU CAN APPLY FOR IT NOW AND COUNT ON ABOUT 90 DAYS ALSO FOR IT TO BE ISSUED.

IF YOU HAVE ANY ADDITIONAL QUESTIONS OR NEED FURTHER ASSISTANCE WITH THIS MATTER, PLEASE LET ME KNOW.
 

BCgirl

Junior Member
Thank you very much for such a fast reply, Lana.
From reading this forum, it looks like you've helped a lot of people.
 

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