What happens if my non immigrant visa expires while my greencard application is in process?

Question

I was on student visa(F1) from Jan 2005 until Dec 2006. after which my OPT started which expired in Feb 2008. Now Dec 2007 I visited my homeland and got married to my husband who at that time was a green card holder , but his citizenship app had been done. I reentered US in Jan 2008 on valid OPT. In feb 2008 before my OPT expired I applied for I539 app for extension of non imm visa. While i was waiting for its approval my husband became a U.S Citizen end of May 2008 within 2 days we sent my app for I 130, I485 and I765. got the receipt for june 2 2008. On July 10 i got a letter asking me to send I 693 (medical) which i sent on July 14th. Now I am waiting for my FP call. Meanwhile, today I got a letter for my i 539 saying they need more proof. what should I do? should I ignore the notice since my i 485 has already been filed?? Would i become out of status if my Green card is still pending and I539 is also rejected?

Answer 1

Personally, I would send a response to the I-539 stating that you would like to withdraw your request with a copy of the 797 notice of action you received with your 485 submission.  I wouldn't be afraid of becoming out of status but by sending a reply you may eliminate some confusion and duplicate work by the CIS.

Answer 2

If your 1485 is pending you are here legally. You will need to apply for an employment authorization card to continue to work until you get your green card (this takes about 90 days) I'm not sure exactly what to do about the I539 application - probably write back to them and explain the situation with a copy of your 485 receipt.

Answer 3

you will be hauled off to jail. sorry.

you need to go to the police and turn yourself in for illegal immigration.

Answer 4

Since you applied for adjustment of status with I-485, then until your green card is approved, your status is pending adjustment of status... you're not going to be out of status at this point, no matter what you do.

Answer 5

I'm not a lawyer, but you can send letter to either withdraw or cancel the I-539 based on your current pending AOS.

But for the actual information, consult with immigration attorney. It could costs you attorney consultation fee, but they will give you accurate information.