questions about sending i-485 with expired i-94, and I-130 sent

[kathylevine 0]

Hello everybody,

I'm writing because I have 2 questions about the I-485 form,

I came to the US on a B2 visa that expired on january the 8th, 2014

I married an US citizen on november the 10th, on the 27th of the same month I sent out my I-130 form, so far I've just gotten a NOA1.

I didnt know or wasnt sure about sending out the I-485 form at the same time, well actually because we still dont have the 1,000 dollars for the fee.

Anyway, now we almost have the money but my I-94 is expired. Will I have any problems when I send my I-485 form?

Because I'm basically out of status, should I have to pay some kind of fine? would they deny my I-485?

And I almost forgot, Can I send the I-485 form while I wait for my I-130 to be approved? I've heard it all takes about 5 or 6 months (hopefully). I just want to be

able to get my work permit and be able to work already.

I would really appreciate your help. Thanks

[Hypnos 6,576]

No. Overstay is not penalised for adjudication of the I-485 for immediate relatives of a US citizen, such as a spouse, so that's a non-issue.

And yes, you can submit an I-485 after your US citizen spouse has already filed an I-130. Simply enclose the I-485 (plus I-131 and I-765, if you're filing them; they're free), the sealed I-693 medical, and a copy of the NOA for your I-130 together in one big packet, and mail it to the Chicago Lockbox.

Edited January 27, 2014 by Hypnos

[kathylevine 0]

No. Overstay is not penalised for adjudication of the I-485 for immediate relatives of a US citizen, such as a spouse, so that's a non-issue.

And yes, you can submit an I-485 after your US citizen spouse has already filed an I-130. Simply enclose the I-485 (plus I-131 and I-765, if you're filing them; they're free), the sealed I-693 medical, and a copy of the NOA for your I-130 together in one big packet, and mail it to the Chicago Lockbox.

Woow that's great news, But do I have to send the I-693 medical examination right away along with the I-485 , or when i'm asked to go to an interview and bring documentation?

[Hypnos 6,576]

If you do not send the I-693 medical with the I-485 then you will be RFE'd for it before the interview.

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[jdh 103]

Best bet it to get everything all together and mail it off complete. My goal when I applied was to completely avoid RFE's and expedite the process. Worked for me...

[Erica & L 50]

Since you're out of status, be cautious with the I-131 Advanced Parole. Once you're in overstay, you can still apply for AOS without penalization, but there is a grace period (I believe 60 days? Someone feel free to correct me.) where you could still use your AP, otherwise, if you left the country the USCIS would assume you were abandoning the application and could risk a ban if you tried to re-enter the United States.

My B2 visa expired on December 24th, 2013 thus I was in overstay as well and since we were trying to save up the money/plus dealing with co-sponsor issues, we couldn't send off our I-130/AOS/EAD until February 4th. I didn't even bother applying for AP because my time frame was already cutting it short, and since you're a month in overstay as well, you might not even need to bother. The form is free if filed concurrently anyways however the (2) passport photos you would need for it wouldn't be.