LPR spouse becomes USC while i130 pending. Can I485 now be submitted

[Bengalita 12]

Hi all.  Husband is visa-overstay, married LPR, she filed I-130 in 9/2021, hasn't been approved yet. (As of January 2022, USCIS is "actively reviewing" it) In the interim, she became US Citizen.   Can she just go ahead and send in the i485, i765, i864, i693 (the whole AOS packet)... along with her Naturalization certificate in order to adjust husband's status? 

 

Thanks!

[Noname93 200]

Where is the husband now?

[Mike E 11,739]

1 hour ago, Bengalita said:

Can she just go ahead and send in the i485, i765, i864, i693 (the whole AOS packet)... along with her Naturalization certificate in order to adjust husband's status? 

I am assuming the husband  

 

1. entered legally

2. is still in the USA 

 

The I-485 package needs a copy of I-130 receipt and copy (not original) of the naturalization certificate.  I would first update the I-130 case with a copy of the naturalization certificate. 
 

Your list is also missing I-131. While   I wouldn’t use AP for discretionary travel in this case (given the over stay), if there is an emergency it provides an option to consider.  

[Bengalita 12]

Sorry for not clarifying. Yes, applicant is a b1/b2 border-crossing overstay… and he is in USA. No EWI’s or anything out of the ordinary. 

[powerpuff 6,697]

~~ Topic moved from Bringing Family members of LPRs to America forum to AOS from work/tourist/student visas ~~

[Mike E 11,739]

1 hour ago, Bengalita said:

Sorry for not clarifying. Yes, applicant is a b1/b2 border-crossing overstay… and he is in USA. No EWI’s or anything out of the ordinary. 

1. When did they marry?

2. When did they first meet?

3. Why did he over stay?

[Bengalita 12]

Hello. He entered the last time (and never went back)  in 2018. He got married in 2019. They knew each other from back when he still would enter temporarily with B1b2BCC.  I believe he overstayed because she became pregnant and he married her and she could not work due to childbirth and other health situations, and he didn’t want to abandon his family. You know… circumstances. 

[Mike E 11,739]

28 minutes ago, Bengalita said:

Hello. He entered the last time (and never went back)  in 2018. He got married in 2019. They knew each other from back when he still would enter temporarily with B1b2BCC.  I believe he overstayed because she became pregnant and he married her and she could not work due to childbirth and other health situations, and he didn’t want to abandon his family. You know… circumstances. 

Lawyer. 

[Rocio0010 5,579]

39 minutes ago, Bengalita said:

Hello. He entered the last time (and never went back)  in 2018. He got married in 2019. They knew each other from back when he still would enter temporarily with B1b2BCC.  I believe he overstayed because she became pregnant and he married her and she could not work due to childbirth and other health situations, and he didn’t want to abandon his family. You know… circumstances. 

Lawyer up. 

[Bengalita 12]

What do your responses “lawyer” and “lawyer up” mean? Sorry, I’m not good at interpreting one-word or two-word answers. Thanks. 

[powerpuff 6,697]

3 minutes ago, Bengalita said:

What do your responses “lawyer” and “lawyer up” mean? Sorry, I’m not good at interpreting one-word or two-word answers. Thanks. 

It means retain a lawyer. 

[da95826 387]

2 hours ago, Bengalita said:

He entered the last time (and never went back)  in 2018. He got married in 2019. They knew each other from back when he still would enter temporarily with B1b2BCC.  I believe he overstayed because she became pregnant and he married her and she could not work due to childbirth and other health situations, and he didn’t want to abandon his family. You know… circumstances. 

You should retain a good immigration lawyer to help you through adjustment process since there is a good chance, he may get charged with misrepresenting the reason for entering the USA on the B1B2 visa.  He knew his spouse before entering the USA, had a baby, got married, and did not return to his home county. Your case is complex, you will need to get a waiver if found to make a misrepresentation. A lawyer may help you avoid the misrepresentation issue and will help with the waiver if needed.

 

You don't have a simple AOS case, so you need a good lawyer, good luck to you all of you.