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Filing I-130 - I-185 concurrently - Problem with B1 departure deadline?

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  • Filing I-130 - I-185 concurrently - Problem with B1 departure deadline?

    I am in the US on a B1 Visa which expires in 10 weeks . My US born spouse is going to file an I-130 for me, as well as an I-485.
    Can I overstay my BI departure dateline until I get an answer?
    Do I have to submit form I-864 affidavit concurrently with the above forms?
    We have been married for over 30 years and I did have a green card for some 12 years before returing back to my home country.

  • #2
    The I-864 and supporting sponsorship docs should be included with your I-485 and I-130 combined submittal.

    Once your Adjustment paperwork has been received by USCIS, you are in a protected status and your B1 visa overstay will not normally cause you any problems.

    --Ray B

    Originally posted by happyteacher View Post
    I am in the US on a B1 Visa which expires in 10 weeks . My US born spouse is going to file an I-130 for me, as well as an I-485.
    Can I overstay my BI departure dateline until I get an answer?
    Do I have to submit form I-864 affidavit concurrently with the above forms?
    We have been married for over 30 years and I did have a green card for some 12 years before returing back to my home country.

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