B2 Visa and filing concurrently with I-130 and I-485 without I-864

[yingyang85 0]

Hello All, I am a B2 visa holder married a US citizen but visa will be expiring soon.  Can I stay in the country while I am in the process of gathering all the requirements even my visa expires?  Would that affect my application in the future?  We are only missing I-864 right now, and my spouse did not file his taxes for the last two years. Based on my research it will take two to three weeks before you can get your tax transcript. What is the best possible way we could do this? 

[geowrian 22,338]

It would be illegal for you to overstay your I-94 stamp's expiration...you would be an overstay. Note that the I-94 stamp is what you get upon entry and is not connected to the date of the underlying visa's expiration date...the visa can expire but a stamp still be valid.

 

Overstay is ignored for AOS purposes. However, until you file you are subject to removal.

 

You can, alternatively, use copies of the tax returns plus relevant schedules + W2s. Transcripts are generally preferred (they are a government record of what was actually sent), but are not specifically required.

[yingyang85 0]

Thank you for your response. I have the 2014 to 2016 W2's and 6 pay stubs in total.  I will give it a try and send the application along with the of the forms.  I am assuming that I will receive and RFE if I don't file it correctly but at this point I don't really want to be out of visa and living here unlawfully.  I would prefer to go home and all but we came all this way only for me to go home.  And we have all the forms except for this one.