has anyone here who is an EWI w/ 245i married a USC?

I'm EWI covered under 245i. I've consulted with several lawyers and they've told me what my options are regarding marriage to a USC. Has anyone here actually done this? If so, how was your experience?

You can also pm me. Thanks so much!

if u are covered under 245i and u marry a usc u are lucky, u do not have to go back to mexico to adjust your status, which is what most of us dread. i am marrying my bf in the fall and i will have to go to mexico because i ewi so it sucks, but it is a risk i am willing to take , i do wish i would've come with a visa though.

I have a question about 245i. so how do u know if you are covered under 245i? i read the april 1 2001 date but couldnt understand what they were saying in another forum.
is there any link that explains about 245i clause.

From my understanding, if a relative or employer filed for you on or before April 30, 2001, then you are considered covered under 245i.

Source: 245i FAQ

ok my grandfather filed I130 for my dad when he was a green card holder. He filed it before the 245i deadline.

my question is would i qualify for 245i being the son of the beneficiary. i read that spouse or child of the beneficiary qualifys.

i am asking this because i want to know if i can adjust my status if i get married to a usc.


the link that says that spouse or child also qualifys.
http://dreamact.info/forum/showthread.php?t=6356

At the Time the Petition or Application that Conferred §245(i) Was Filed : If a person was the spouse or child of a §245(i) beneficiary at the time that the qualifying immigrant visa petition or labor certification application was filed, that spouse or child remains grandfathered under §245(i) even if couple has divorced or the child has reached the age of 21 since that time. This means that, even if the spouse or child is no longer eligible for derivative adjustment of status, the spouse or child can obtain adjustment of status through any other means available and use §245(i) to achieve this goal.

would the child of beneficiary benifit with 245i?

as long as you were under the age of 21 when it was filed, then yes, you are protected under 245i. i'm like that too. the petition was for my dad and i was 13 when it was filed.

Yes,basically as ootuten has alluded to you'd basically be a 245i derivative beneficiary.
Solid proof is required on the part of the alien that they are grandfathered under 245i where the application was "approvable" at the time.

It isn't advisable to file any application unless proof is in hand.....or the application could lead to removal proceedings potentially.

as long as the petition was approved, he could have filed papers for your father and it might not have been approved, if it wasn't you woudln't qualify.

hmm...i thought as long as it was filed by april 30, 2001 then youre covered. either way, just consult with the lawyer you filed with and get the proof that your name was really on those papers. i emailed our lawyer and she sent me the pdf files of everything.