Pending I-539, now filing I-130 & I-485

[caitiekucuk 0]

Hello. I am new to all of this and would appreciate any support and input. 
 

My husband when I met him had a pending I-539 “request for evidence”. He was here on a B1 visa that expired 04/21 when he requested change of status via I-120 but his F1 visa is still pending. 
 

His change of status from B1 to F1 was to start school here (but they didn’t let him with just a I-120). 
 

Now we are married and I am filing a I-130 & I-485 but am worried these could be denied as he has a pending I-539 and is over stayed here as of 04/21. 
 

Does a I-485 override a pending I-539? Also, do you have to maintain legal status to apply for a I-485? 
 

His delay in returning evidence on his I-539 was due to it being shipped to the wrong mailing address. The request for evidence was May 2022 and we just received it forwarded to us last week. 
 

 

TIA. 

Edited October 3, 2022 by caitiekucuk
Misspelled

[Chancy 6,241]

On 10/2/2022 at 7:25 PM, caitiekucuk said:

Now we are married and I am filing a I-130 & I-485

 

Are you a US citizen?

 

[caitiekucuk 0]

Yes, I am a US citizen 

[Chancy 6,241]

2 minutes ago, caitiekucuk said:

Yes, I am a US citizen 

 

Then the I-539 doesn't matter.  As a spouse of a USC, he may file I-485 while out of status and his overstay will not be a big deal, but he should still file his I-485 package ASAP.

 

[caitiekucuk 0]

I file it alongside the I-130 right? 
thank you so much. 

[Chancy 6,241]

5 minutes ago, caitiekucuk said:

I file it alongside the I-130 right? 

 

Submit the I-130 in the same package as the I-485.  Note that while the I-130 is your petition, the I-485 is your husband's application.

 

Strongly recommend submitting I-765 and I-131 as well.  I-765 & I-131 fee is waived if filed with I-485.