Adjustment of Status on B2 visa - Marriage based green card - LPR

[shanukmoni]

Hi All,

For a Marriage based green card application
Sponsor is LPR (Lawful Permanent Resident), Beneficiary have visitor visa (B2) for the US and already married
1. Can they both apply for a Marriage based Green card, while the beneficiary is in the US on a visitor visa through the Adjustment of Status(AOS) process after 90 days of recent entry to the US?
2. Is it necessary to have i-130 petition approved before applying for i-485? or can we file asap after i-130 if the date is CURRENT
3. Will the beneficiary’s stay be considered illegal even after the submission of the Adjustment of Status Process? (because every I-94 is valid only for 6 months)

thanks

[lrrc83]

shanukmoni
#1 yes
#2 No, do concurrent application , sending 130 & 485 together
#3 not sure , for beneficiary’s married to USC it doesn’t matter. Not sure if same applies when married to LPR

[newacct]

I-485 needs to be received before I-94 expires. As long as I-485 is officially received before I-94 expires, you can stay in the US for as long as I-485 is pending.

[shanukmoni]

I-485 needs to be received before I-94 expires. As long as I-485 is officially received before I-94 expires, you can stay in the US for as long as I-485 is pending.

Thanks for the reply
one question is that Can I submit I-485 along with I-130 ? Because I heard before submitting I-485, we need to have I-130 approved if married to a LPR ? Any advice on this ?

[shanukmoni]

shanukmoni
#1 yes
#2 No, do concurrent application , sending 130 & 485 together
#3 not sure , for beneficiary’s married to USC it doesn’t matter. Not sure if same applies when married to LPR

Are you sure that I can file do concurrent filing, If yes #3 won't be a problem. Just confused

[lrrc83]

When married to USC it’s no problem. Not sure if same rules apply when married to LPR.

[Enub4]

Thanks for the reply
one question is that Can I submit I-485 along with I-130 ? Because I heard before submitting I-485, we need to have I-130 approved if married to a LPR ? Any advice on this ?

From what I read you can and you need to send I-130 and I-485 together. There is no way that you will get the I-130 approval before the I-94 expires and at that point, I-485 can not be filed.

[shanukmoni]

From what I read you can and you need to send I-130 and I-485 together. There is no way that you will get the I-130 approval before the I-94 expires and at that point, I-485 can not be filed.

Hi
thanks the reply.
Are you saying that i can file both i130 and I485 together if the visa bulletin says CURRENT for F2A?
And I can stay in US till the processes are completed?

[newacct]

Hi
thanks the reply.
Are you saying that i can file both i130 and I485 together if the visa bulletin says CURRENT for F2A?
And I can stay in US till the processes are completed?

yes

[shanukmoni]

yes

newacct Thank you