Need Help! Question about I-485!

[leverbic]

My husband came here as an F1 student. Due to lack of funding, he was unable to continue school. And so his visa was terminated on the 30th of August.
Right away, I contact an attorney. They tell me I should submit an I-130 and I-485 before the 6 month grace period is over.

Now, I did a lot of research on the process of obtaining any kind of legal status and probably stuffed so much information in my head that I dismissed some things and added others.

Basically, I submitted the form I-130 petition and the form I-864, affidavit of support (because I believed they needed to know I meet the income requirements), and forgot to send in the form I-485.
What I want to know is, is it too late to submit that form?
Since we haven't been married for two years, does that mean I'll have to submit the I-765 to try and skip over the conditional visa and obtain the permanent visa?

What should I do..
I don't want my husband to be penalized for my mistakes.

[tomjerry111]

Hi,

First question : Did you receive a 797C-NOA(Notice of Acceptance) for form I-130?

If yes than, I think you can submit Form I-485 with supporting documents asap.
Form I-864 goes with I-485, so I don't know you can send it again or not.
You can also apply for EAD-Form I-765- Application for Employment Authorization Document & Form I-131- For advance Parole (if you planning to leave the country for vacation or an event)
Basically,
if you received NOA for I-130, you can send I-485(AOS application) and its supporting documents+ I-864(Affidavit of support)+ I-765( Application for Employement Authorization Document ) + I-131 (Advance Parole) + All the supporting documents of each form.

As you are not married since 2 years, you will get conditional GC if they approve you AOS (you will come to know this at the interview or after your interview). So I don't think you have to do anything about that at this point of time.

[newacct]

My husband came here as an F1 student. Due to lack of funding, he was unable to continue school. And so his visa was terminated on the 30th of August.
Right away, I contact an attorney. They tell me I should submit an I-130 and I-485 before the 6 month grace period is over.

Now, I did a lot of research on the process of obtaining any kind of legal status and probably stuffed so much information in my head that I dismissed some things and added others.

Basically, I submitted the form I-130 petition and the form I-864, affidavit of support (because I believed they needed to know I meet the income requirements), and forgot to send in the form I-485.
What I want to know is, is it too late to submit that form?
Since we haven't been married for two years, does that mean I'll have to submit the I-765 to try and skip over the conditional visa and obtain the permanent visa?

What should I do..
I don't want my husband to be penalized for my mistakes.

You are a US citizen, right? (I am assuming you are as you wouldn't be able to concurrently file I-130 and I-485 if you weren't.)

There is no "6 month grace period". He went out of status when he stopped going to school. He is in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen) and he doesn't need to be in status to file I-485, and it makes no difference how long he may have been out of status (he could have been out of status for decades and it would make no difference). (The lawyer may have been trying to talk about the ban if he leaves the US after accruing more than 180 days of "unlawful presence", but that is not relevant because your husband is not leaving the US, and furthermore it would still be wrong as F1 students do not start accruing "unlawful presence" because they are not admitted for a specific time. But I digress.)

You can file I-485 now at any time. Just attach the I-130 receipt. You don't need to wait until the I-130 is approved.

I-864 Affidavit of Support is required evidence for the I-485, not for I-130, so submit it again with the I-485.

Whether he will become a conditional permanent resident is determined by whether you guys have been married for 2 years at the time he becomes a permanent resident (at the time AOS is approved). If he becomes a conditional permanent resident, he will have to apply for Removal of Conditions with I-751 about 2 years after he becomes a permanent resident.