Filing I 485 while awaiting I 130 approval

[Demise 1,281]

5 minutes ago, little immigrant said:

My husband overstayed and he has IR5 on his green card  (we filed I-485)

IR5 is parents of US Citizens, entered with an immigrant visa.

Spouses of US Citizens, adjusted status is IR6.

 

If USCIS actually gave him an IR5 after an adjustment via marriage, then he should file an I-90 for a correction.

Edited September 21, 2022 by Demise

[safari2015 0]

yes you can file both i-130 and i-485 at the same time.

[Bruce Herrington 8]

This case is a mess. The I-130 requires choosing either adjustment of status location (#61 page eight) OR Consulate location (#62 page 8). To change from one to the other requires filing a I-824 after the I-130 is approved. Filing I-485 won't work because he is out of status. Part of the inital evidence required to be submited with a I-485 is proof of legal status from US entry until filing the i-485. Below is from page 11 of I-485 instructions. My advice is go home, withdraw the current I-130, and refile a I-130 showing consular processing. 

Edited September 26, 2022 by Bruce Herrington
correction

[Ontarkie 14,218]

~~Hijack post removed. PLease keep your questions to your own thread.~~

[Marthaeu 39]

On 9/20/2022 at 7:50 PM, SteveInBostonI130 said:

 

This is incorrect.  The ban starts at 6 months overstay, not 3 months.  Specifically, 180 days of accrued unlawful presence.

 

According to what she says, he entered in January 2022 and they got married in June 2022 and then they send the I130, it's not three months.!

[SteveInBostonI130 3,434]

11 minutes ago, Marthaeu said:

According to what she says, he entered in January 2022 and they got married in June 2022 and then they send the I130, it's not three months.!

 

He entered in Jan 2022.  He was allowed to stay until the end of June 2022.  His overstay is 3 months: July, Aug, Sep.

 

On 9/20/2022 at 2:03 PM, Salvador&Julissa said:

He was allowed to stay til the end of June. I'm sure if he leaves now there will be no issues, but I don't want him to go. I could travel back and forth while we wait I guess.

 

[Marthaeu 39]

32 minutes ago, SteveInBostonI130 said:

 

He entered in Jan 2022.  He was allowed to stay until the end of June 2022.  His overstay is 3 months: July, Aug, Sep.

 

 

Remember If your stay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future.

[SteveInBostonI130 3,434]

59 minutes ago, Marthaeu said:

Remember If your stay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future.

 

I have no idea what this means.  Did you mean to state "are not legally admissible" or "are legally inadmissible"?   "Not legally inadmissible" is a double negative.