I am on a J-1 and my husband is on an F-1 visa. He is applying for a green card. His PERM application is currently pending. - Do I need to maintain status (i) after we submit I-485 and/or (ii) before we submit I-485? - What does maintaining status exactly mean? Does being out of the US with no visa count as maintaining status? Or do I need to have a J-1 or F-2 visa? - If we can submit I-485 before my J-1 expires, will I be able to stay in the US with no valid visa while I-485 is pending?
Maintenance of status only has to do with an individual’s status when he or she is in the United States. USCIS has no interest in what a person does outside the States. For you to apply for an I-485 application, you need to be physically in the country. If in the country, you are required to maintain a legal status prior to filing for the I-485. After filing the I-485, you can choose to maintain a nonimmigrant status or rely upon the I-485 filing to stay legally in the States. I assume that you are not subject to a two-year foreign residence requirement because of your J-1 visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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