How to Fill Up an I-485

**redxxvior** · 02-28-2012, 09:55 AM

I entered here in the States as a J1 visa exchange worker last Aug 2008. My visa and my DS2019 expired on June 30, 2011. I have applied and been granted the j1 visa waiver for the 2 year foreign residency requirement(I-797C). Currently I am unemployed since june 30, 2011, have overstayed and have recently got married with an American Citizen and now we are starting to work on my documents for my greencard. We are submitting all of the paper works needed all together and i am confused with my I 485 question in part 1 about my current USCIS Status. Should i answer "over stay" or "J1 visa holder?" And also with the next question regarding "expires on?" On my J visa, it says June 30 2011 expiration date, but actually theres still 30 days allowed grace period after june 30, 2011 that we can stay. Should I respond the June 30, 2011 expiration date written on my visa or July 30? My last question is in part 2, question: "I am applying for an adjustment to permanent status because?" I am not sure which category i should choose from the choices. I am looking forward for any body who can help with my question. Thank you very much, have a wonderful day.

**flyingron** · 02-28-2012, 10:20 AM

You need a lawyer. You are out of status and illegally present. He can advise you how best to proceed. You stand a very good chance of being denied the green card and subject to further actions if you screw this up.

**LawResearcherMissy** · 02-28-2012, 10:54 AM

Should i answer "over stay" or "J1 visa holder?"

Overstay.

Should I respond the June 30, 2011 expiration date written on my visa or July 30?

June 30. It's asking for the actual expiration date, not the time you're allowed past the expiration date to pack it up and move it out.

Has your wife filed the I-130?

Generally speaking, if you enter legally, then marry a US citizen after an overstay, filing the I-130 and I-485 will get you legal. It's still very important to consult with an immigration attorney during this process, however. As Ron notes, if you mess things up, you can really hurt your chances of approval.