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  • Adjustment of Status

    My wife and I came to US last year. She came as a B1/B2 visa. I was still a permanent resident back then. I applied for I-539, 5 months after she arrived. Now, early this year I got my USC. Also, I already applied for her I-130 while I was Immigrant. Now, BCIS informed me that I need to apply for her I-485. I am now in process of filing her I-485. Her B1/B2 visa expires in August. Is my wife still allowed to stay in US even though I-485 is still in process?

  • #2
    My wife and I came to US last year. She came as a B1/B2 visa. I was still a permanent resident back then. I applied for I-539, 5 months after she arrived. Now, early this year I got my USC. Also, I already applied for her I-130 while I was Immigrant. Now, BCIS informed me that I need to apply for her I-485. I am now in process of filing her I-485. Her B1/B2 visa expires in August. Is my wife still allowed to stay in US even though I-485 is still in process?

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    • #3
      Once the AOS application is filed, then overstay will not matter. It will be condoned by Immigration Department.

      Along with the Form, I-485 (Adjustment of Status), also file the Form I-765 (Application for Employment Authorization). You must file the Medical Certificate and Affidavit of Support with your Tax Returns for the last three years.

      Good Luck and God Bless To You and Your Wife!

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